End user agreement for SubliminalEzy Light
LICENSE AGREEMENT FOR SUBLIMINALEZY SOFTWARE BY <a href=<http://www.affirmware.com.au>AFFIRMWARE PTY LTD</a>
IMPORTANT - READ CAREFULLY: This License Agreement is a legal agreement between you (either an individual or a legal entity) and AffirmWare Pty Ltd. for all editions of the software product specified above. As used in this Agreement, "we," "our," and "us" refer to AffirmWare Pty Ltd. as the licensor, and "you" and "your" refer to you as the licensee. The "Product" includes computer software itself and any associated media, electronic documentation and documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries or whatsoever that originates from the intellectual labor of AffirmWare Pty Ltd. The "Product site" refers to http://www.SubliminalEzy.com a division of www.AffirmWare.com.au
YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT. YOU AGREE THAT BY INSTALLING OR USING THE PRODUCT YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS LICENSE, UNDERSTOOD IT, AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. SCOPE OF GRANT.
AffirmWare Pty Ltd. grants you the following rights provided that you comply with all terms and conditions of this license agreement such as:
* Installation and use. You may install, run and use the Product on any computer provided that you do not charge in any direct or implicit way for the Product itself.
* Distribution. You are permitted to freely distribute the Product provided that you do not charge more than the actual cost of the medium and associated costs.
* Reservation of Rights. AffirmWare Pty Ltd. retains all title to and ownership of the Product and reserves all rights not expressly granted to you hereby.
2. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is permitted by applicable law notwithstanding this limitation.
Without prejudice to any other rights, AffirmWare Pty Ltd. may cancel this License Agreement if you do not abide by the terms and conditions of this License Agreement, in which case you must destroy all copies of the Product and all of its parts.
4. DISCLAIMER OF WARRANTIES.
AffirmWare Pty Ltd. provides the Product and any accompanying service AS IS AND WITH ALL FAULTS, and hereby disclaims all other warranties and conditions, either express, implied or statutory, including, but not limited to, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, 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 or other services, information, software, and related content through the Product or otherwise arising out of the use of the Product. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
5. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AFFIRMWARE PTY LTD. BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR 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 OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF AFFIRMWARE PTY LYD., AND EVEN IF AFFIRMWARE PTY LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Product is protected by copyright and other intellectual property laws and treaties. AffirmWare Pth Ltd. owns the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.
This Agreement will be governed by laws of Australia, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the state courts, and you irrevocably consent to the jurisdiction of those courts and waive any claim that those courts constitute an inappropriate venue or inconvenient forum. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will bind, insure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.