End user agreement for EyeStrainCare
EyeStrainCare Lab. www.EyeStrainCare.com
END-USER LICENSE AGREEMENT
This is a legal agreement between you and EyeStrainCare Lab.
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE RUNNING THE INSTALL PROCEDURE FOR THE SOFTWARE PACKAGE. INSTALLING THE SOFTWARE PACKAGE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DELETE THE EyeStrainCare SOFTWARE FILES FROM YOUR COMPUTER.
EyeStrainCare Lab. MAY MODIFY THIS AGREEMENT AT ANY TIME, FOR ANY REASON WITHOUT PRIOR NOTICE TO YOU.
1. EyeStrainCare Lab. grants you a non-exclusive, royalty-free license, as provided for herein, for the use of EyeStrainCare Lab.'s computerized business system ("EyeStrainCare") in association with your personal computer. You agree to adhere to EyeStrainCare Lab.'s instructions as provided in Help and its related materials for the installation and use of EyeStrainCare. EyeStrainCare Lab. may modify or upgrade EyeStrainCare at any time for any reason.
2. EyeStrainCare is owned by EyeStrainCare Lab. and is protected by International copyright laws, international treaty provisions and all other applicable national laws. Therefore, you must treat EyeStrainCare like any other copyrighted material (e.g. book). You may not copy any written materials accompanying EyeStrainCare.
3. You may not rent or lease EyeStrainCare, sub-license or otherwise transfer or encumber its rights or obligations hereunder without the prior written approval of EyeStrainCare Lab.
4. You understand and acknowledge that the License is strictly limited to its terms and, in particular, grants no rights to any other person and is restricted in its application solely for use by you. You may not transfer, transmit, disclose, modify, translate, adapt, reproduce, decompile, reverse engineer or disassemble EyeStrainCare or any documentation related thereto without EyeStrainCare Lab.'s written approval.
5. You shall indemnify and save harmless EyeStrainCare Lab. from and against any and all claims, suits, actions, costs (including reasonable legal fees and disbursements) or other liabilities to any person whatsoever arising in any way out of or in respect of any breach by you of your obligations or the restrictions set forth in this Agreement.
6. EyeStrainCare Lab. represents and warrants that EyeStrainCare is provided "as is" without warranty of any kind, for your use and at your sole risk. EyeStrainCare Lab. DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WIT? RESPECT TO EyeStrainCare AND ANY ACCOMPANYING WRITTEN MATERIALS. THERE ARE NO WARRANTIES THAT EyeStrainCare WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT IN EyeStrainCare WILL BE CORRECTED. EyeStrainCare Lab. MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THE RESULTS OF YOUR USE OF EyeStrainCare WITH RESPECT TO ITS CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY EyeStrainCare Lab. OR AN AUTHORIZED REPRESENTATIVE OF EyeStrainCare Lab. SHALL CREATE A WARRANTY.
7. IN NO EVENT SHALL EyeStrainCare Lab. BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE INSTALLATION, USE OR REMOVAL OF OR INABILITY TO USE EyeStrainCare, EVEN IF EyeStrainCare Lab. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. This License will terminate without notice to you upon your failure to comply with any provision of this License or EyeStrainCare Lab.'s instructions regarding EyeStrainCare. Upon termination you must immediately cease using EyeStrainCare and delete all copies of same from your computer.
9. This Agreement constitutes the entire Agreement between the Parties relating to the subject matter hereof and supersedes all prior agreements, written or oral, between the Parties relating to the subject matter hereof. There are no other terms including without limitation any representation and warranties other than those provided herein. No waiver, amendment, addition or deletion to this Agreement shall be binding unless approved in writing by EyeStrainCare Lab.