End user agreement for MemLocker
MEMLOCKER End-User License Agreement IMPORTANT: THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND MEMLOCKER FOR THE MEMLOCKER SOFTWARE PRODUCT IDENTIFIED ABOVE, WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND ONLINE OR ELECTRONIC DOCUMENTATION ("PRODUCT"). READ THIS AGREEMENT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE PRODUCT. THIS AGREEMENT PROVIDES A LICENSE TO USE THE PRODUCT AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING COPYING, OR OTHERWISE USING THE PRODUCT, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE PRODUCT AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL THE PRODUCT AND REMOVE THE INSTALLATION FILES FROM YOUR COMPUTER . 1. Definitions "Demo Version" means a version of the Product, to be used to review, demonstrate and evaluate the Product. The Demo Version may have limited features due to an internal system. "PDA" means Personal digital assistant 2. License Grants (a) You may install and use the Product on a single PDA; OR store the Product on a storage device, used only to install the Product on other PDA provided that you have a license for each separate PDA on which the Product is installed and run. A license for the Product may not be shared or used concurrently on different computers . (b) You may make one copy of the Product in machine-readable format solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary form of information on the original copy of the Product. 3. License Limitations (a) Other than as set forth in Section 2, you may not make or distribute copies of the Product, or electronically transfer the Product from one computer to another or over a network, without the prior, explicit and written consent of One-Click-To- Action Ltd. (b) You may not reverse engineer, decompile, disassemble, or otherwise reduce the Product to a non-binary form, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation. (c) Unless otherwise provided explicitly herein, you may not rent, lease, or sublicense the Product. (d) You may not modify, alter, merge, modify, adapt or translate the Product the Product or create derivative works based upon the Product. 4. Upgrades If this copy of the Product is an upgrade from an earlier version of the Product, it is provided to you on a license exchange basis. By installing and using this copy of the Product you agree to voluntarily terminate your earlier EULA and you agree not to continue the use of earlier version of the Product or transfer it to another person. 5. Failure to Comply In the event that you fail to comply with this EULA, One-Click-To-Action Ltd may terminate, at its sole discretion, the license and you must cease all use of the Product and destroy all copies of the Product. 6. Ownership This license gives you limited license to use the Product. The Product is licensed not sold . One-Click-To-Action Ltd. and its suppliers own all right, title and interest, including all intellectual property rights, in and to the Product and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by One-Click-To- Action Ltd and its suppliers. You may not remove or alter any product names, trademark, trade names, logo, copyright or other proprietary notices, symbols or labels in the Product. This EULA does not authorize you to use One-Click-To-Action Ltd or its licensors' names or any of their respective trademarks. 7. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY (a) No other warranties . The Limited Warranty referenced below is the only express warranty made to you and it replaces any other express warranties (if any) created by any documentation, included, but not limited to, online documentation. (b) Disclaimer of WARRANTY . Except for the Limited Warranty and to the maximum extent permitted by applicable law, One-Click-To-Action Ltd, its suppliers, dealers, distributors, agents or employees provide the Product and support services (if any) "AS IS" and with all faults. One-Click-To-Action Ltd. does not warrant that the Product is error-free or will operate without interruption . One-Click-To-Action Ltd. hereby disclaim all other warranties and conditions, either express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET POSSESSION, QUIET ENJOYMENT, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT. (c) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL One-Click-To-Action LTD, ITS SUPPLIERS , DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER -- INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, 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 PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF MEMLOCKER OR ANY SUPPLIER, AND EVEN IF MEMLOCKER OR ANY SUPPLIER , DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES . (d) Remedies . Notwithstanding any damages that you or any third party might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of One-Click-To-Action Ltd and any of its suppliers , dealers, distributors, agents or employees under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement of the Product elected by One-Click-To-Action Ltd with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. Your exclusive remedy is to return the Product to the place you acquired it, with a copy of your receipt and a description of the problem. One-Click-To-Action Ltd. will use reasonable commercial efforts to supply you with a replacement copy of the Product that substantially conforms to the documentation or refund to you your purchase price for the Product, at its discretion. One-Click-To-Action Ltd. shall have no responsibility if the Product has been altered in any way, abused or misapplication, or if the failure arises out of use of the Product with other than a recommended conditions and/or hardware configuration. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCT AND RELATED DOCUMENTATION. 8. General Terms (a) This EULA contains the entire agreement between the parties with respect to the Product and the support services (if any), and supersedes all prior or contemporaneous agreements or understandings, whether oral or written, communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. All questions concerning this EULA shall be directed to: One-Click-To-Action Ltd, at the contact information that is advertised at http://www.1click2action.com. (b) No One-Click-To-Action Ltd. dealer, agent or employee is authorized to make any amendment to this EULA. (c) If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permitted and the remaining provisions of this Agreement will remain in full force and effect.