The software that is subject to this End User's License Agreement (EULA) is licensed, not sold, to the Licensee by Interactive Brands.
Installing, copying, accessing, or using the Licensed Software constitutes Licensee's acceptance of, and promise to comply with, all of the terms and conditions of this EULA.
The "Licensed Software" includes all of the contents of the files, disk(s), CD - ROM(s), DVDs, or other media for which this EULA is provided, including:
Licensee may install one copy of the Licensed Software on a single computer. The primary user of the computer on which the Licensed Software is installed may install a second copy of the software for his or her exclusive use on either a portable computer or a computer located at his or her home, provided the software on the portable or home computer is not used at the same time as the software on the primary computer. If Licensed Software includes multiple licenses, Licensee may install the number of copies licensed to Licensee by Interactive Brands. Licensee shall be solely responsible for all expenses incurred in Licensee's installation of the Licensed Software.
The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use.
The Licensed Software may contain enforcement technology that limits Licensee's ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, and for a finite number of machines.
The Licensed Software may require activation as explained during installation and in the Documentation. If any such applicable activation procedure(s) is not followed, then the Licensed Software may only operate for a finite period of time. If activation is required, and not completed within the finite period of time set forth in the Documentation and explained during installation, then the Licensed Software will cease to function until activation has been completed, at which time functionality will be restored. If Licensee has any problem with the activation process, Licensee should contact Interactive Brands customer support.
Licensee may make one copy of the Licensed Software for backup or archival purposes only, except that the Documentation may not be duplicated.
Licensee may not sell, assign, or transfer the Licensed Software or the License granted by this EULA without prior written consent of Interactive Brands.
The License granted by this EULA is non-exclusive.
Licensee is solely responsible for Licensee's use of the Content. Licensee may only use the Content responsibly, in a manner consistent with the exercise of good judgment. If Licensee is having difficulty deciding whether Licensee's intended use is appropriate, or whether Licensee needs written permission, or whether other legal issues should be considered, Interactive Brands strongly encourages Licensee to seek competent legal counsel. Interactive Brands will not assist Licensee in making this determination, nor can Interactive Brands provide Licensee with legal advice as to intellectual property rights.
If Licensee or Licensee's attorney determines that Licensee is required by law to obtain written permission to use portions of the Content, Licensee must request permission for reproduction, redistribution, or modification of the Content from the appropriate owner of the subject materials (as may be cited in the Licensed Software). If, on the other hand, Licensee or Licensee's attorney determines it is permissible to proceed and include Content from the Licensed Software, Interactive Brands asks Licensee to correctly designate Interactive Brands trademark(s) when referring to the Licensed software in the notice or copyright portion of Licensee's paper, project, or product. Licensee shall indemnity, hold harmless, and defend Interactive Brands and Interactive Brands suppliers from all claims, damages, attorneys' fees, costs, and lawsuits that arise from, or result from, Licensee's use or distribution of Content.
If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any Update provided to Licensee is made on a License exchange basis such that Licensee agrees, as a condition for receiving an Update, that Licensee will terminate all of Licensee's rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, Interactive Brands may cease support for prior versions, without any notice to Licensee.
Interactive Brands is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may order additional support services for an additional charge as Interactive Brands may offer from time to time during the term of this EULA.
Interactive Brands warrants that the media on which the Licensed Software is distributed will be free from defects for a period of 30 days from the date the Licensed Software is delivered to Licensee. If Licensee discovers a defect in the media during this 30 - day period, Licensee must then return the defective media to Interactive Brands within 10 calendar days of discovering the defect, and Licensee's sole remedy is to have either the defective media replaced, or at Interactive Brands sole option, a refund of the money that Licensee paid for the Licensed Software.
The Licensed Software is provided to Licensee "AS IS." Interactive Brands, and Interactive Brands suppliers or affiliates, make no warranty as to its use or performance. INTERACTIVE BRANDS, AND INTERACTIVE BRANDS AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS(EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NON - INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.
IN NO EVENT WILL INTERACTIVE BRANDS, OR INTERACTIVE BRANDS AFFILIATES, BE LIABLE TO LICENSEE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF INTERACTIVE BRANDS OR ONE OF INTERACTIVE BRANDS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF INTERACTIVE BRANDS, AND INTERACTIVE BRANDS AFFILIATES, UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE AMOUNT PAID FOR THE LICENSED SOFTWARE, IF ANY.
If the Licensed Software that Licensee receives with this EULA is pre-commercial release or "BETA" software ("Pre - release Software"), then, to the extent that any provision in this section is in conflict with any other term or condition in this EULA, this section supersedes such conflicting term(s) and condition(s) as to the Pre-release Software, but only to the extent necessary to resolve the conflict. Licensee acknowledges that the Pre - release Software does not represent the final product from Interactive Brands, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. Consequently, Interactive Brands disclaims any warranty or liability obligations to Licensee of any kind whatsoever.
IN APPLICABLE JURISDICTIONS WHERE LIABILITY CANNOT BE SO EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT MAY BE LIMITED, INTERACTIVE BRANDS LIABILITY, AND THAT OF ITS SUPPLIERS, SHALL BE LIMITED TO THE TOTAL OF FIFTY DOLLARS (U.S. $50.00).
Licensee acknowledges that Interactive Brands has not promised or guaranteed to Licensee that the Pre-release Software will be announced or made available to anyone in the future, and that Interactive Brands has no express or implied obligation to Licensee to announce or introduce the Pre-release Software. Interactive Brands may decide not to introduce a product similar to, or compatible with, the Pre-release Software. Accordingly, Licensee acknowledges that any research or development that Licensee performs regarding the Pre - release Software, or any product associated with the Pre - release Software, is done entirely at Licensee's own risk.
During the term of this EULA, if requested by Interactive Brands, Licensee will provide feedback to Interactive Brands regarding testing and use of the Pre-release Software, including error or bug reports.
If Licensee has been provided the Pre-release Software pursuant to a separate written agreement, then Licensee's use of the Pre-release Software is also governed by that agreement. Notwithstanding anything in this EULA to the contrary, if Licensee is located outside the United States, Licensee will return or destroy all unreleased versions of the Pre - release Software within 30 days of the completion of Licensee's testing of the Pre-release Software if that date is earlier than the date scheduled for Interactive Brands first commercial shipment of the publicly released (commercial) Software.
The exclusions of warranties and liability limitations shall survive the termination of this EULA, however caused; but this survival shall not imply or create any continued right to use the Licensed Software after termination of this EULA.
Licensee shall not ship, transfer, or export Licensed Software into any country or use Licensed Software in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively the Export Laws.) If the Licensed Software is identified as export controlled items under the Export Laws, Licensee represents and warrants that Licensee, and Licensee's employees who will use the Licensed Software are not a citizen, or otherwise located within, an nation embargoed by the United States (including without limitation: Iran, Syria, Sudan, Cuba, and North Korea), and that Licensee, and Licensee's employees who will use the Licensed Software, are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Licensed Software are granted on condition that Licensee complies with the Export Laws, and all such rights are forfeited if Licensee fails to comply with the Export Laws.
This EULA is subject to, and will be governed by and construed in accordance with the substantive laws in force of the country of Malta.
The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, Interactive Brands, and by third parties whose intellectual property has been licensed by Interactive Brands. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of Interactive Brands and such third parties. The Licensed Software is protected by law, including without limitation, the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights in the Licensed Software.
Interactive Brands reserves all rights not expressly granted to Licensee by this EULA. The rights granted to Licensee are limited to Interactive Brands intellectual property rights, and to the intellectual property rights of third parties licensed by Interactive Brands, and do not include any intellectual property rights.
This EULA constitutes the entire agreement between the Licensee and Interactive Brands relating to the Licensed Software, and it supersedes all prior or contemporaneous representations, discussions, undertakings, communications, agreements, arrangements, advertisements, and understandings regulating to the Licensed Software.
This EULA may only be modified or amended by a writing signed by an authorized officer of Interactive Brands.
If any provision of this EULA is determined by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
No failure or delay by Interactive Brands in exercising its rights or remedies shall operate as a waiver unless made by specific written notice. No single or partial exercise of any right or remedy of Interactive Brands shall operate as a waiver or preclude any other, or further, exercise of that, or any other right, or remedy.
Within 30 calendar days after request from Interactive Brands, or Interactive Brands authorized representative, Licensee will provide full documentation, and certify under penalty of perjury, that Licensee's use of any and all Licensed Software is in conformity with this EULA.
If Licensee breaches this EULA, and fails to cure any breach within 30 calendar days after request from Interactive Brands, or Interactive Brands authorized representative, Interactive Brands may terminate this EULA, whereupon all rights granted to Licensee shall immediately cease.
Furthermore, upon termination, Licensee shall return to Interactive Brands all copies of the Licensed Software, or verify in writing that all copies of the Licensed Software have been destroyed.
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