End user agreement for ClockSmith Lite
DHARMA GAIA LICENSE AGREEMENT
BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING CLOCKSMITH LITE SOFTWARE (THE "PRODUCT"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE.
1. LICENSE AGREEMENT. As used in this Agreement, "Dharma Gaia" shall mean Dharma Gaia LLC in the State of Virginia. In this Agreement "Licensor" shall mean Dharma Gaia.
2. LICENSE GRANT. Licensor grants Licensee a non-exclusive and non-transferable license to reproduce and use for non-commercial applications the executable code version of the Product, provided any copy must contain all of the original proprietary notices. Non-commercial applications are defined as using the software for personal use, on a personal, non-corporate basis, without direct or implied purpose of making profit by using the Software, personally or for others. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. The Licensee will not remove any copyright notices on backup versions of the Product.
3. RESTRICTIONS. The licensee only obtains a nonexclusive license to use the object code version of the Product in the Territory. Except as otherwise expressly permitted in this Agreement, Licensee may not: (i) rent, lease, sublicense, or otherwise transfer rights to the Product; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product. The licensee will not decompile, disassemble or otherwise reverse engineer the Product.
4. LICENSE RESTRICTIONS. The Licensee may run the product on any computers in their possession.
5. TERMINATION. This Agreement will terminate automatically if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Product.
6. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Product shall remain in Dharma Gaia. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Dharma Gaia's ownership of or rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content created by the Product is the property of the applicable creator and is protected by applicable law. The license granted under this Agreement gives Licensee no rights to such content.
7. DISCLAIMER OF WARRANTY. The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not Dharma Gaia assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. SOME COUNTRIES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL DHARMA GAIA OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.
9. GENERAL. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) This Agreement may be amended only by a writing signed by both parties. (c) This Agreement shall be construed and governed in accordance with the laws of the State of Virginia, and any action brought by either party to this Agreement against the other party regarding the subject matter hereof, shall be brought in the United States District Court for the Eastern District of Virginia, Fairfax County Division, unless the parties agree in writing to the adjudication of the dispute by another court. (d) If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation. (e) Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. (f) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.