End user agreement for The Art of Russia
Software License Agreement
This Software License Agreement (the "Agreement") is a legal agreement between you, the end user (the "Licensee"), and Cyber Artists Studios Inc. (Cyber Artists Studios). By continuing the installation of this program, by loading or running the program, or by placing or copying this program onto your computer hard drive, computer RAM or other storage, you are agreeing to be bound by the terms of this Agreement.
1. SOFTWARE LICENSE
Cyber Artists Studios hereby grants, and Licensee hereby accepts, a license to operate the Software provided hereunder in accordance with the following terms:
(a) Cyber Artists Studios grants to Licensee a limited, non-exclusive, nontransferable, non-assignable royalty-free license to use one (1) copy of the executable (binary) code of the Software on one (1) CPU located on Licensee's premises.
(b) Except as otherwise expressly provided herein, all rights are exclusively reserved to Cyber Artists Studios. Licensee shall not rent, lease, sell, sublicense, assign, mortgage, pledge, or otherwise transfer or encumber the Software, including any accompanying Documentation and information. Licensee shall not reverse engineer, de-compile, or disassemble the Software except to the extent that this restriction is expressly prohibited by applicable law. Cyber Artists Studios shall retain title and all ownership rights to the Software.
(c) The Software and related information is proprietary and confidential information of Cyber Artists Studios. Licensee agrees not to distribute, provide or allow the distribution or providing of any registration codes, keys or programs generating such information to any third party in any manner. Licensee agrees that Cyber Artists Studios and its Agents reserve the right to seek legal redress, monetary damages and restitution by any and all legal means necessary should Licensee do so. Licensee agrees that they, the Licensee, are financially and legally responsible for damages and financial loss due to the distribution or release of any registration codes or keys that they may have purchased from Cyber Artists Studios or their agents should any third party come into possession of those those registration codes or keys regardless of the means by which the third party gained possession of the registration codes or keys. Licensee agrees not to disclose or provide the Software, Documentation, or any related information (including the Software features or the results of use) to any third party or use the Software for any purpose other than that expressly provided for in this Agreement. This provision shall survive the termination or expiration of this Agreement with respect to any information that has not been made public by Cyber Artists Studios.
2. WARRANTY; DISCLAIMER OF WARRANTIES.
(a) Cyber Artists Studios warrants that for a period of ninety (90) days after the Software is installed by Licensee, the Software will perform substantially in accordance with the Documentation. In the event that within this period, the Software fails to so perform, Licensee's sole and exclusive remedy will be to request that Cyber Artists Studios either: (i) repair or replace the Software so as to cause it to perform; or (ii) refund the License Fee paid by Licensee in connection with the Software. Cyber Artists Studios may elect either (i) or (ii) in its sole discretion. The foregoing constitutes Licensee's sole and exclusive remedy in the event of breach.
(b) EXCEPT AS EXPRESSLY PROVIDED IN SUBPARAGRAPH 2(a) ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYBER ARTISTS STUDIOS FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH LICENSEE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CYBER ARTISTS STUDIOS, ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS OPPORTUNITIES, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF CYBER ARTISTS STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.
3. GOVERNING LAW; ATTORNEYS' FEES.
Those laws of the State of Indiana shall govern this Agreement which are applicable to agreements entered into and performed entirely within the State of Indiana. Licensee consents to exclusive jurisdiction by the state and federal courts sitting in the County of Allen, State of Indiana. If either Cyber Artists Studios or Licensee employs or engages attorneys to enforce any rights arising out of or relating to this Agreement, or brings any claim against the other based in whole or in part upon the Software, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the other party.
4. U.S. GOVERNMENT RESTRICTED RIGHTS.
The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States government and/or its agencies is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Cyber Artists Studios, Inc., PO Box 6073, Fort Wayne, IN 46896-6073.
5. EXPORT RESTRICTIONS.
Licensee acknowledges that the Software licensed hereunder is subject to the export control laws and regulations of the USA, and any amendments thereof. Licensee confirms that with respect to the Software, it will not export or re-export it directly or indirectly, to: (i) any countries that are subject to USA export restrictions or (ii) any end user who has been prohibited from participating in the USA export transactions by any federal agency of the USA government. Recipient further acknowledges that the Software may include technical data subject to export and re-export restrictions imposed by USA law.
6. PARTIES BOUND.
If Licensee is accepting the terms and conditions of this Agreement on behalf of a company, then the individual accepting this Agreement represents that he/she has authorization to accept on behalf of such company, also agrees that in addition to the applicable company, he or she will be personally bound by this Agreement, and agrees that the Software shall remain on the company premises, unless otherwise agreed in writing by Cyber Artists Studios.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR A SEPARATE WRITTEN AGREEMENT BETWEEN CYBER ARTISTS STUDIOS AND YOU, IF ANY, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN CYBER ARTISTS STUDIOS AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.