End user agreement for Adivo TechWriter for Databases
SOFTWARE LICENSE AGREEMENT
1. Grant of License
Adivo Ltd ("Adivo") grants Customer license to use Adivo's TechWriter computer software (the "Software") on a single computer.
2. Use of Software
a. Adivo represents that it is the owner of the Software and that it has the right to grant the License. The parties agree that the Software is the sole and exclusive property of Adivo, including all applicable rights to patents, copyrights, trademarks and trade secrets and is provided for Customer's exclusive use for the purposes of this agreement.
b. Customer will not remove any designation mark from any supplied material that identifies such material as belonging to or developed by Adivo. Customer agrees not to disassemble, decompile, reverse engineer or otherwise reduce the Software to perceptible form.
c. In no event shall the Customer copy or cause to be copied duplicates of the Software except that the Customer may make one copy of the Software for back-up purposes.
d, Customer shall not sublicense, assign, transfer use, copy or modify the Software except as expressly provided in this Agreement and any attempt to do so shall be null and void.
a. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ADIVO MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In the event Adivo fails to remedy material defects in the Software, Customer's sole remedy shall be to receive a refund of any license fees paid hereunder for the current term of this License.
b. ADIVO SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE TO CUSTOMER FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF ADIVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ADIVO'S LIABILITY FOR ANY REASON AND UPON ANY CAUSE OF ACTION WHATSOEVER EXCEED THE PAYMENTS MADE BY CUSTOMER TO ADIVO UNDER THIS AGREEMENT.
4. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ADIVO, 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. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
5. Governing Law
This Agreement shall be construed according to the laws of the State of Ohio
The Customer acknowledges that he or she has read this Agreement, understands it, and agrees to be bound by its terms and conditions. The Customer further agrees that this is the entire Agreement between the Customer and Adivo and that there have been no other warranties, representations, covenants or understandings relating of the subject matter of this Agreement.