Effective as of June 22, 2021.
IMPORTANT! CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS SET FORTH IN THIS END USER LICENSE AGREEMENT (EULA). YOU, THE LICENSEE AS DEFINED BELOW, ARE NOT AUTHORIZED TO DOWNLOAD, INSTALL OR USE THIS SOFTWARE UNLESS AND UNTIL YOU AGREE TO ACCEPT AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. The Licensor grants the Licensee use of the Software under the following terms:
If the Licensee has not previously paid the license fee for the Software, then the Licensee must pay the license fee within the period indicated in the applicable invoice sent to the Licensee by the Licensor.
Licensor may provide the Licensee with support services related to the Software ("Support Services"), in its discretion. Support Services, if any, will be conducted solely through electronic mail. Use of Support Services, if any, is governed by Licensor's policies and programs described in any user's manual, in online documentation, and/or other Licensor-provided materials. Any supplemental Software code provided to the Licensee as a part of Support Services will be considered part of the Software and subject to the terms of this EULA. With respect to technical information the Licensee provides to Licensor as part of the Support Services, Licensor may use such information for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies the Licensee except to the extent necessary to provide the Licensee with support. Licensor withholds the right to refuse support to the Licensee if the Licensee does not comply with requests or procedures. This includes failure to submit correct information, fraudulent registration or behavior, and any other lack of cooperation.
Licensor may, from time to time, and for a fee, replace, modify or upgrade the Software. When accepted by the Licensee, 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to the Software will be considered part of the Software and subject to the terms of this EULA, unless this EULA is superseded by a further EULA accompanying such replacement or modified version of or upgrade to the Software.
The Licensee may terminate this EULA at any time by destroying all the Licensee's copies of both the Software and License File. The Licensee's license to the Software automatically terminates if the Licensee fails to comply with the terms of this agreement. Upon termination, the Licensee is required to remove the Software and License File from the Licensee's computer and destroy any copies of the Software and License File in the Licensees possession.
The Licensee may not export, ship, transmit or re-export the Software in violation of any applicable law or regulations.
THE 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. 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 THE LICENSEE.
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.
If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.
No waiver of any right under this EULA will be deemed effective unless contained in writing signed by a duly authorized representative of the party 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 to be a waiver of any future rights arising out of this EULA.
This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein.