End user agreement for CloudBerry Explorer for Nirvanix
End-User License Agreement
IT IS IMPORTANT THAT YOU READ AND FULLY UNDERSTAND THE FOLLOWING:
This CloudBerry Lab. (henceforth "CloudBerry Lab") End-User License Agreement (henceforth "EULA") is a legal agreement between you (either an individual or a single entity) and CloudBerry Lab for the CloudBerry Lab software product(s) accompanying this EULA, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials (henceforth "SOFTWARE PRODUCT"). By installing, copying, or initiating use in any manner of the SOFTWARE PRODUCT or UPDATES (as defined below), you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy or use the SOFTWARE PRODUCT ("UPDATES"),additionally you agree to be bound by the additional license terms that accompany such UPDATES. Installation, copying, or use of such UPDATES indicates agreement of the additional license terms that accompany such UPDATES.
GENERAL LICENSE GRANT.
As a single individual, CloudBerry Lab grants to you a personal, nonexclusive license to make and use copies of the SOFTWARE PRODUCT in the manner provided below. As an entity, CloudBerry Lab grants you the right to appoint one individual within your organization to possess the sole right to access the SOFTWARE PRODUCT in the manner as outlined below.
Use within the scope of this license is free of charge and no royalty or licensing fees shall be payable by you. Use beyond the scope of this license shall constitute copyright infringement.
This license shall be effective and bind you upon your downloading of the software.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets", incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by CloudBerry Lab or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup purposes or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. Copying of the printed materials accompanying the SOFTWARE PRODUCT will be regarded as breach of copyright and will accordingly attract the appropriate action.
UPDATE LICENSE TERMS.
All UPDATES shall be considered part of the SOFTWARE PRODUCT and as such are subject to the terms and conditions of this EULA. Additional license terms may accompany UPDATES (as defined in the first paragraph of this EULA). Installation, copying, or use in any manner of the UPDATES will be deemed as agreement to be bound by the terms and conditions accompanying each said UPDATE. If you do not agree to the additional license terms accompanying such UPDATES, do not install, copy, or otherwise use said UPDATES.
DISCLAIMER OF WARRANTY
THE SOFTWARE PRODUCT IS PROVIDED IN IT'S ENTIRITY AND IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT AUTHORISED BY APPLICABLE LAW, CloudBerry Lab AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
YOUR EXCLUSIVE REMEDY AND CloudBerry Lab's ENTIRE LIABILITY DOES NOT EXCEED THE PRICE PAID FOR THE SOFTWARE PRODUCT.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT AUTHORIZED BY APPLICABLE LAW, NO CIRCUMSTANCE WILL PLACE CloudBerry Lab OR ITS SUPPLIERS AS LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING AND WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING SITUATIONS WHERE CloudBerry Lab HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. REGARDLESS, CloudBerry Lab's ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.