End user agreement for Pinnacle Gamepad Software
SOFTWARE LICENSE AND LIMITED WARRANTY
This End-User License Agreement is a legal agreement between you (either an individual or a single entity) and POWERUP SOFTWARE, LLC for use of the Pinnacle Game Profiler software (including any associated media, printed materials, and online or electronic documentation) (hereinafter the "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE AGREEMENT. If you do not agree to the terms of this LICENSE AGREEMENT, then you may not install or use the SOFTWARE.
1. LICENSE GRANT. POWERUP SOFTWARE, LLC, as Licenser, grants to you, the USER, nonexclusive rights to use this copy of the SOFTWARE on a single computer at a single location so long as you comply with the terms of this License. Each workstation upon which the SOFTWARE is used, whether such workstation is a stand-alone computer, a networked computer, or a terminal on a multi-user computer, must have a separately licensed copy of the SOFTWARE.
2. OWNERSHIP. The SOFTWARE is owned and copyrighted by POWERUP SOFTWARE, LLC. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
3. TRANSFERS. You may physically transfer the SOFTWARE from one of your computers to another provided that the SOFTWARE is installed on only one computer at a time. You may not distribute copies of the SOFTWARE or any accompanying written materials to others. You may not transfer the SOFTWARE to anyone without the prior written consent of POWERUP SOFTWARE, LLC. In no event may you transfer, assign, rent, lease, sell, or otherwise dispose of the SOFTWARE on a temporary basis.
4. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of POWERUP SOFTWARE, LLC and you will not acquire any rights to the SOFTWARE except as expressly set forth in this LICENSE AGREEMENT. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
5. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
6. UNAUTHORIZED USE. You may not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the SOFTWARE except as provided in this LICENSE AGREEMENT. Any such unauthorized use shall result in immediate and automatic termination of the LICENSE AGREEMENT.
7. LIMITED WARRANTY. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. POWERUP SOFTWARE, LLC DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER POWERUP SOFTWARE, LLC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF POWERUP SOFTWARE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
8. NO OTHER WARRANTIES. Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you.
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL POWERUP SOFTWARE, LLC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF POWERUP SOFTWARE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL POWERUP SOFTWARE, LLC'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
10. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of the LICENSE AGREEMENT.
11. TERMINATION OF LICENSE. The License will terminate automatically if the Licensee fails to comply with any provisions of the LICENSE AGREEMENT or upon transfer of the SOFTWARE.
12. RESERVED RIGHTS. All rights not expressly granted here are reserved to POWERUP SOFTWARE, LLC.
13. ACKNOWLEDGEMENT. The Licensee acknowledges that the Licensee has read this LICENSE AGREEMENT in full, has fully understood its terms, and agrees to be bound thereby. The LICENSE AGREEMENT is the entire agreement between you and POWERUP SOFTWARE, LLC which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.
Copyright © 2005-2013 PowerUp Software, LLC. All Rights Reserved.