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EULA - End User License agreement for Extra1x2 software
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IMPORTANT
-- READ CAREFULLY: This End-User License Agreement ("EULA") is a
legal agreement between you (either an individual or a single
entity) and eXtra-Chance for the eXtra1x2 software that
accompanies this EULA ("Software"). An amendment or addendum to
this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE
TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF
YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
1. GRANT OF LICENSE.
eXtra-Chance grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use.
You may: Install and use a copy of the Software on your personal
computer or other device. The end user may not distribute this software
to a third party.
1.2 License Grant for Documentation.
The documentation that accompanies the Software is licensed for internal, non-commercial reference purposes only.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
There are technological measures in this software that are designed
to prevent unlicensed use of the software. eXtra-Chance and its
partners may prohibit the usage of the software without prior
notice.
3. RESERVATION OF RIGHTS AND OWNERSHIP.
eXtra-Chance reserves all rights not expressly granted to you in this
EULA. The Software is protected by copyright and other intellectual
property laws and treaties. eXtra-Chance or its suppliers own the
title, copyright, algorithms, graphics, text, icons, logos and other
intellectual property rights in the Software. The Software is licensed,
not sold. This EULA does not grant you any rights to trademarks or
service marks of eXtra-Chance. Any non approved usage of the software
is forbidden and treated as violation of this EULA.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the Software,
except and only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING.
You may not rent, lease, lend or provide commercial hosting services
with the Software.
6. CONSENT TO USE OF DATA.
You agree that eXtra-Chance and its affiliates may collect and use
technical information gathered as part of the product support
services provided to you, if any, related to the Software.
eXtra-Chance may use this information solely to improve our products or
to provide customized services or technologies to you and will not
disclose this information in a form that personally identifies you.
7. SOFTWARE AND SERVICES USAGE.
7.1 Content
This EULA applies to updates, supplements, add-on components, or
Internet-based services components, of the Software that eXtra-Chance
may provide to you or make available to you after the date you obtain
your initial copy of the Software, unless they are accompanied by
separate terms.
7.2 Software Usage
All the actions carried by the end-user through the usage of the
software are under his full responsibility and eXtra-Chance will not be
liable for any consequence. eXtra-Chance will not be responsible for
the internet-services provided to the end-user by the software,
their content, accuracy, reliability, and any affect on the end-user
equipment, computer or device used to operate the software; or his
decision making related to the software usage. eXtra-Chance will not be
liable for any damage, discomfort, loss or other claims done to the
end-user or any 3rd party as a result of using the software.
7.3 Technical Aspects
Technically the software may not be usable due to various failures,
connectivity problems or disconnection between the software and to
eXtra-Chance servers or partner servers, due to nature cause or other
causes, intentionally or by accident, or from any other reason.
Therefore eXtra-Chance and its partners are dismissed for any
liability, and will not take responsibility over any malfunction or
bug, related implicitly or explicitly to the eXtra1x2 software and
related Internet-based services (such as sending and receiving, or
otherwise communicating with the servers).
7.4 Internet-based Services
End user hereby declares he is aware of phone and internet limitations
and problems, and dismiss all charges, complains and requests from
eXtra-Chance, its employees, owners, and associated partners due to
any cause while or due to using the eXtra1x2 software, and as a result
of any information not sent, received or communicated improperly.In
addition, the end user declares that sending the columns via eXtra1x2
software suits the interests and wills and will have no claims
regarding this, and any resulting communication failures. eXtra-Chance
reserves the right to discontinue Internet-based services provided to
you or made
available to you through the use of the Software.
8. UPGRADES.
The Software may identify need for upgrades, and install it according to eligibility.
9. SEPARATION OF COMPONENTS.
The Software is licensed as a single product. Its component parts may not be separated.
10. TERMINATION.
Without prejudice to any other rights, eXtra-Chance may terminate this
EULA if you fail to comply with the terms and conditions of this EULA.
In such event, you must destroy all copies of the Software and all of
its
component parts.
11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
eXtra-Chance OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER
INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS
OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER
LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT
THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE
SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF
THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE),
MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF
WARRANTY OF eXtra-Chance OR ANY SUPPLIER, AND EVEN IF eXtra-Chance OR
ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This
exclusion is applied to the end-user and any other party using the
software or planning so.
12. ENTIRE AGREEMENT; SEVERABILITY.
This EULA (including any addendum or amendment to this EULA which is
included with the Software) is the entire agreement between you and
eXtra-Chance relating to the Software and the support services (if any)
and they supersede all prior or contemporaneous oral or written
communications, proposals and representations with respect to the
Software or any other subject matter covered by this EULA. To the
extent the terms of any eXtra-Chance policies or programs for support
services conflict with the terms of this EULA, the terms of this EULA
shall control. If any provision of this EULA is held to be void,
invalid, unenforceable or illegal, the other provisions shall continue
in full force and effect.
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