End user agreement for Azacco NetCafe Server
Azacco Software - End User License Agreement
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Azacco Co. for the product from Azacco, which may include online or electronic documentation ("Software").
If you do not agree to all of the terms of this agreement, you may not use or continue to use this software.
SCOPE OF GRANT
This EULA grants you the following, non-exclusive rights:
-Distribute software freely.
You may not:
-Remove or edit any proprietary notices or labels on the Software.
All rights, title and copyrights in and to the Software (including any images, photographs incorporated into the Software) and any copies of the Software, are owned by Azacco Co. or its suppliers. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Therefore, you must treat the Software like any other copyrighted material except that you may make one copy of the Software solely for backup or archival purposes. The Software is licensed, not sold.
Title, ownership rights, and intellectual property rights in the Software shall remain in Azacco Co. and/or its suppliers. The Software is protected by the copyright laws and treaties.
The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software including accompanying documentation.
DISCLAIMER OF WARRANTY
This 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. This Software has inherent limitations including design faults and programming bugs. You must use evaluation period to ensure that the product meets your needs and is fit for the purpose for which you intend to use it. This means that the entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not Azacco Co. assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. Some jurisdictions 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 by jurisdiction.
The vary nature of this Software is of System Utility and should be used with utmost care and precaution.
LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Azacco Co. 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 no event will Azacco Co. be liable for any damages in excess of the amount Azacco Co. received from you for a license to the software, even if Azacco Co. shall have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall Azacco Co. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of the inability to use this product.
WAIVER OF RESPONSIBILITY FOR MISUSE
The Software can process copyright material and has no way of knowing if such processing is in breach of copyright law. You agree that it is your responsibility to ensure that you only process material for which you own or have licensed the copyright and, further, to indemnify and hold harmless Azacco Co. from any claim whatsoever relating to your improper use of the Software to process copyright materials.
Before deciding to purchase our software, please be sure to download, install, and test-drive the evaluation versions that we provide. We do not offer refunds on software that has been opened or where the unlock code or registered version has already been sent to the customer. We go to great lengths to produce a trial version with which customers can ensure their satisfaction and system compatibility. This allows them to make an informed purchasing decision. Once that purchase has been made, however, we replace defective media free of charge once but do not offer a cash refund. We feel this policy is consistent with the major software retailers worldwide.
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