End
User Software Agreement
CAREFULLY
READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND
BY THIS LICENSE AGREEMENT BY CLICKING THE ICON LABELED "I
ACCEPT" OR PUTTING A CHECK IN THE CHECK BOX INDICATING THAT YOU
HAVE READ THIS AGREEMENT AND ACCEPT IT’S TERMS. IF YOU DO NOT AGREE
TO THIS LICENSE, YOUR ORDER WILL BE CANCELED, THE SOFTWARE WILL NOT BE
DOWNLOADED AND YOU WILL NOT BE CHARGED.
License
Grant
"You"
means the person or company who is being licensed to use the Software
or Documentation. "We," "us" and "our"
means Schneiderman & Associates, LLC.
We
hereby grant you a nonexclusive license to use our Software on any
single computer, provided the Software is in use on only one computer
at any time. The Software is "in use" on a computer when it
is loaded into temporary memory (RAM) or installed into the permanent
memory of a computer-for example, a hard disk, CD-ROM or other storage
device.
If the
Software is permanently installed on the hard disk or other storage
device of a computer (other than a network server) and one person uses
that computer more than 80% of the time, then that person may also use
the Software on a portable or home computer.
Title
We
remain the owner of all right, title and interest in the Software and
related explanatory written materials ("Documentation").
Things
You May Not Do
The
Software and Documentation are protected by United States copyright
laws and international treaties. You must treat the Software and
Documentation like any other copyrighted material-for example, a book.
You may not:
Copy
the Documentation,
Copy
the Software except to make archival or backup copies as provided
above,
Modify
or adapt the Software or merge it into another program,
Reverse
engineer, disassemble, decompile or make any attempt to discover
the source code of the Software,
Place
the Software onto a server so that it is accessible via a public
network such as the Internet, or
Sublicense,
rent, lease or lend any portion of the Software or Documentation.
Transfers
You may
not transfer any of your rights to use the Software and Documentation
to another person or legal entity.
Limited
Warranty
We
warrant that for a period of 90 days after receiving your membership
to EbookoMatic that the Software will perform in substantial
accordance with the Documentation.
To the
extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS
IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND
WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING
ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had
reason to know of your particular needs. No employee, agent, dealer or
distributor of ours is authorized to modify this limited warranty, or
to make any additional warranties.
SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Limited
Remedy
Our
entire liability and your exclusive remedy for breach of the foregoing
warranty shall be, at our option, to return the price you paid for
your membership.
IN NO
EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST
PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE
OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE
POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Term
and Termination
This
license agreement takes effect upon your use of the software and
remains effective until terminated. You may terminate it at any time
by destroying all copies of the Software and Documentation in your
possession. It will also automatically terminate if you fail to comply
with any term or condition of this license agreement. You agree on
termination of this license to destroy all copies of the Software and
Documentation in your possession.
Confidentiality
The
Software contains trade secrets and proprietary know-how that belong
to us and it is being made available to you in strict confidence. ANY
USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR
INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE
AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET
RIGHTS.
Disputes
This
license agreement shall be governed by, construed and enforced in
accordance with the laws of the Oklahoma, as it is applied to
agreements entered into and to be performed entirely within such
jurisdiction.
To the
extent you have in any manner violated or threatened to violate
Schneiderman & Associates, LLC and/or its affiliates' intellectual
property rights, Schneiderman & Associates, LLC and/or its
affiliates may seek injunctive or other appropriate relief in any
state or federal court in the State of Oklahoma, and you consent to
exclusive jurisdiction and venue in such courts.
Any
other disputes will be resolved as follows:
If a
dispute arises under this agreement, we agree to first try to resolve
it with the help of a mutually agreed-upon mediator in the following
location: . Any costs and fees other than attorney fees associated
with the mediation will be shared equally by each of us.
If it
proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding
arbitration at the following location: Oklahoma, under the rules of
the American Arbitration Association. Judgment upon the award rendered
by the arbitration may be entered in any court with jurisdiction to do
so.
General
Provisions
-
This
written license agreement is the exclusive agreement between you and
us concerning the Software and Documentation and supersedes any
prior purchase order, communication, advertising or representation
concerning the Software.
-
This
license agreement may be modified only by a writing signed by you
and us.
-
In
the event of litigation between you and us concerning the Software
or Documentation, the prevailing party in the litigation will be
entitled to recover attorney fees and expenses from the other party.
-
You
agree that the Software will not be shipped, transferred or exported
into any country or used in any manner prohibited by the United
States Export Administration Act or any other export laws,
restrictions or regulations.
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