printed materials and any "online" or electronic documentation, software, associated media,
printed materials (hereinafter the "Software"). By installing, viewing, reading the Software,
- Grant of License
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual
property laws and treaties.
|A. ||You may install, download, use, access, display and run only one copy of the Software,
on a single computer, workstation or terminal ("Computer").
|B. ||You may not download, use, access, display or run a copy of the Software on a storage device, such as
a network server, or used only to run the Software on other Computers over an internal network. You must acquire a
license for each separate Computer on which the Software is run, displayed or utilized from a server or similar device.
A license for the Software may not be shared or used concurrently on different Computers.
granted herein are reserved by Licensor
|D. ||You may not sell, transfer, convey, download, use, or provide access, to the Software to any third party without
Licensor's prior express written consent.
- Price and Payment
If you have not previously paid the license fee for the Software, then you must pay the license fee within the period indicated
in the applicable invoice sent to you by Licensor.
- Support Services
to the Software. Licensor further disclaims any obligation to provide support or to prepare and distribute modifications,
enhancements, updates and new releases of the Software
- Replacement, Modification and/or Upgrades
Licensor may, from time to time, and for a fee, replace, modify or upgrade the Software. When accepted by you, any such replacement
or modified Software code or upgrade to the Software will be considered part of the Software and subject to the terms of this
terminates if you fail to comply with the terms of this agreement. Upon termination, you are required to remove the Software and all access to the software from
|A. ||All title and copyrights in and to the Software (including but not limited to any
images, photographs, animations, video, audio, music and text incorporated into the Software), the accompanying printed materials,
Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation.
|B. ||You may not reverse engineer, de-compile, disassemble, alter, duplicate, modify,
rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide others with the Software in
whole or part, transmit or communicate the application over a network.
- Export Restrictions
You may not export, ship, transmit or re-export Software in violation of any applicable law or regulation including but not limited
to Export Administration Regulations issued by the U. S. Department of Commerce.
- Disclaimer of Warranties
LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS,
EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF
THE SOFTWARE IS WITH YOU.
- Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL,
DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE
THE SOFTWARE AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
accordance with the laws of the State of Delaware. The arbitration will be held in Delaware. The Arbitrator will have the authority to grant
in any Court of competent jurisdiction.
and the remaining portions of this Agreement will remain in full force and effect.
- No Waiver
against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed