End user agreement for Mega Fifteen
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING ANY DEMONSTRATION OR FULL VERSION SOFTWARE OWNED BY CRISTALLIGHT SOFTWARE. AND/OR ITS SUBSIDIARIES (“CRISTALLIGHT ”). CRISTALLIGHT IS WILLING TO LICENSE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS “YOU OR YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND CRISTALLIGHT . BY CLICKING ON THE “AGREE” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE “I DO NOT AGREE”, “NO” BUTTON, OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF ANY SOFTWARE FOR WHICH YOU HAVE NOT OBTAINED A LICENSED, AND IMMEDIATELY DESTROY ALL SUCH COPIES OF THE SOFTWARE THAT MAY BE IN YOUR POSSESSION OR UNDER YOUR CONTROL.
1. License. The software which accompanies this license (collectively the “Software”) is the property of Cristallight or its licensors and is protected by copyright law. While Cristallight continues to own the Software, you will have certain rights to use the Software after your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that Cristallight may furnish to you. Except as may be modified by a Cristallight license certificate, license coupon, or license key (each a “License Document”) which accompanies, precedes, or follows this license, your rights and obligations with respect to the use of this Software are as follows:
A. use one copy of the Software on a single computer. If a License Document accompanies, precedes, or follows this license, you may make that number of copies of the Software licensed to you by Cristallight as provided in your License Document. Your License Document shall constitute proof of your right to make such copies.
B. make one copy of the Software for archival purposes, or copy the Software onto the hard disk of your computer and retain the original for archival purposes;
C. use the Software on a network, provided that you have a licensed copy of the Software for each computer that can access the Software over that network; and
D. after written notice to Cristallight , transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees to the terms of this license.
You may not:
A. copy the printed documentation which accompanies the Software;
B. sublicense, rent, or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, or make any other attempt to discover the source code of the Software; or create derivative works from the Software;
C. use a previous version or copy of the Software after you have received a disk replacement set or an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed;
D. use a later version of the Software than is provided herewith unless you have purchased upgrade insurance or have otherwise separately acquired the right to use such later version; or
E. use, if you received the software distributed on media containing multiple Cristallight products, any Cristallight software on the media for which you have not received a permission in a License Document.
2. Return Policy. It is the responsibility of the user to test and evaluate the suitability of the software for the intended purpose by downloading and reviewing the demonstration version of this software. ONCE A FULL VERSION OF THE SOFTWARE HAS BEEN DOWNLOADED AND THE USER FEE PAID, AND A PRODUCT KEY HAS BEEN PROVIDED TO THE USER, THE TRANSACTION IS FINAL AND NO REFUND WILL BE PROVIDED UNLESS:
A. There are defects in the software that cannot be evaluated or detected by using the demonstration version of the software, and
B. Cristallight is notified of these defects within sixty (60) days from the date of purchase, and
C. Cristallight does not correct these defects within twenty (20) business days and provide the user with a version of the software with the defects corrected.
3. Limited Warranty. If this software is distributed on physical media, Cristallight warrants that the media on which the Software is distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software to you. Your sole remedy in the event of a breach of this warranty will be that Cristallight will, at its option, replace any defective media returned to Cristallight within the warranty period or refund the money you paid for the Software. Cristallight does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
4. Disclaimer of Damages. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL CRISTALLIGHT OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF CRISTALLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL CRISTALLIGHT ’S OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.
5. U.S. Government Restricted Rights. RESTRICTED RIGHTS LEGEND. All Cristallight products and documentation are commercial in nature. The software and software documentation are “Commercial Items”, as that term is defined in 48 C.F.R. section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as applicable. Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015, 48 C.F.R. section 227.7202 through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable, Cristallight ’s computer software and computer software documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this license agreement. Manufacturer is Cristallight Software
6. General. This Agreement will be governed by the laws of the United States and the State of Minnesota where consistent therewith. Otherwise, this agreement will be governed by the laws of England. This Agreement and any related License Document is the entire agreement between You and Cristallight relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. This Agreement may only be modified by a License Document or by a written document that has been signed by both You and Cristallight . This Agreement shall terminate upon Your breach of any term contained herein and You shall cease use of and destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination.
If you have any questions concerning this Agreement, or if you desire to contact Cristallight for any reason, please write Cristallight Customer Service firstname.lastname@example.org