EximiousSoft » End User License Agreement

End User License Agreement

This is a legal agreement between you, the end user, and EximiousSoft Software, the developer of the program ("EximiousSoft"), regarding your use of EximiousSoft products ("Software"). By installing the Software, you agree to be bound by the terms of this agreement.

1. GRANT OF LICENSE

If you agree to this License Agreement, you may install the computer software onto your computer. Subject to your agreement to and continuing compliance with this License Agreement, EximiousSoft hereby grants, and you hereby accept, a limited, non-exclusive license to install the software on one or more computers owned by you or under your legitimate control, and use the software in conjunction with the Service for your non-commercial entertainment purposes only. All use of the software is subject to this License Agreement and to the Terms of Use agreement, both of which you must accept before you can use the software.

2. COPYRIGHT

The Software is owned by EximiousSoft and protected by copyright law and international copyright treaties. You may not remove or conceal any proprietary notices, labels or marks from the Software.

3. RESTRICTIONS ON USE

The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Software in violation of the License Limitations will be regarded as an infringement of EximiousSoft's copyrights in and to the Software. You agree that you will not, under any circumstances: A. in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Software; provided, however, that you may make one (1) copy of the Software Client and the Manuals for archival purposes only; B. sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, or rent, lease or license the Software to others.

4. TERM

This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) permanently destroying all copies of the software in your possession or control; (ii) removing the software from your hard drive; and (iii) notifying EximiousSoft of your intention to terminate this License Agreement. EximiousSoft may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the software in your possession and control and remove the software from your hard drive.

5. NO OTHER WARRANTIES.

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The entire risk arising out of the use or performance of the software remains with you, the user. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

6. SEVERABILITY.

Should one or more parts of this license agreement prove to be invalid; the parties agree that the validity of the remaining parts of this license will not be affected.

7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.

NEITHER EXIMIOUSSOFT NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES.