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EULA - End User License Agreement
Atanium Software - End User License Agreement (EULA)
IMPORTANT -
PLEASE READ THIS EULA BEFORE INSTALLING OR USING THE SOFTWARE
This EULA is a legal agreement (hereinafter "Agreement") between Atanium Software Inc. (Atanium) and (hereinafter "Licensee") effective October 1, 2010. This Agreement covers all software, the associated media, any printed materials, data, files and information and any "online" or electronic documentation ("Software") which it accompanies. This Agreement takes precedence over any other agreement or terms embedded within the software. These terms also apply to any updates, supplements, and support services for Atanium, unless other terms accompany those items. If so, those terms apply.
The Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree with any term or condition, do not download, order, open, install or use the Software or product package. Contact Atanium to arrange the return of the Software and accompanying materials to Atanium Software at no charge. By loading, installing or using the Software, Licensee agrees to the terms of this Agreement.
LICENSE: Licensee may install one, perpetual, world-wide, non-exclusive license of the Software onto only one computer or as many PCs, computer(s) or server(s) as your specific license permits, and may make one back-up copy of the Software for each purchased license, subject to these conditions:
1. Licensee may not copy, modify, rent, sell, distribute or transfer any part of the Software except as provided in this Agreement and Licensee agrees to prevent unauthorized copying of the Software.
2. Licensee may not reverse engineer, decompile, or disassemble the Software.
3. Licensee may not sublicense or permit simultaneous use of the Software by more than one user.
4. The Software may include portions components offered on terms in addition to those set out here, as set out in any additional licenses accompanying those portions.
OWNERSHIP AND COPYRIGHT OF SOFTWARE: Title to the Software and all copies thereof remains with Atainum Software or its suppliers. The Software is copyrighted and is protected by the laws of the United States and other countries, and international treaty provisions. Licensee may not remove any copyright notice from the Software. Atainum Software may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software unless support fees have been paid to Atainum by Licensee. Except as otherwise expressly provided, Atainum Software grants no express or implied rights under Atainum Software patents, copyrights, trademarks, or other intellectual property rights.
1. User Rights. Atanium Software products are all licensed on a per computer basis. If you comply with this agreement, for each license you acquire, you may install and use one copy of Atanium Software products. You may not share a license you acquire nor may you install Atanium on more computers for which you have purchased licenses.
(a) Full Retail Version. If you acquire a license for the full retail version of Atanium, it will contain full functionality and you will be provided support services in the English language and upgrades for the period which you purchased Atanium (the Term). After the expiration of the Term, you will continue to enjoy the right to use Atanium, but you will no longer enjoy the right to support services or upgrades for Atanium, unless you acquire another full retail license.
(b) Evaluation Or Trial Version. If Atanium is an evaluation or trial version, it may contain limited functionality and/or cease operating after the designated trial period. This license will terminate after such period unless extended by Atanium upon your acquisition of a full retail version of Atanium. If Atanium is an evaluation or trial version, you agree that Atanium may periodically offer you, through in-product or stand-alone reminders or email (if you provide it to us), the opportunity to upgrade to the full retail version.
2. Privacy. You should refer to Atanium's privacy policy, available at www.Atanium.com, prior to agreeing to these terms for a more detailed explanation of how your information may be stored and used by Atanium and third-party service providers.
3. No Performance Warranty. Atanium specifically disclaims any representation or warranty for the amount of performance increase or utility provided by Atanium. Atanium will not necessarily increase performance or provide a utility benefit on your computer, and Atanium makes no claim of specific deficiency, defect, or underperformance with respect to your computer. Any claims of performance increases or utility made for Atanium are those of possible or potential improvement or utility, and no representation or warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall result in any performance increase or utility benefit from Atanium.
4. Your Feedback. If you give feedback about Atanium to Atanium, you give to Atanium, without charge, the right to use that feedback for any purpose. You will not give feedback that is subject to a license that requires Atanium to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
5. Scope of License. Atanium is licensed, not sold. Atanium is protected by copyright, patent and other intellectual property laws and treaties. This agreement only gives you some rights to use Atanium. Atanium reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use Atanium only as expressly permitted in this agreement. In doing so, you must comply with technical limitations in Atanium that only allow you to use it in certain ways. You may not:
work around the technical limitations in Atanium;
reverse engineer, decompile or disassemble Atanium, except and only to the extent that applicable law expressly permits, despite this limitation;
install on more computers or make more copies of Atanium than specified in this agreement or allowed by applicable law, despite this limitation;
separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER;
publish Atanium for others to copy;
distribute Atanium to any third party;
rent, lease or lend Atanium; or
transfer Atanium or this agreement to any third party.
USE FOR MISSION CRITICAL USE. You warrant that you understand and agree that the software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result is injury to persons or physical damage. ATANIUM specifically disclaims any express or implied warranty of fitness for such purposes.
6. Support Services. Atanium Software may provide you with support services related to Atanium products. Technical support for paying customers is provided at the discretion of Atanium Software to the extent that support is specific to the Software. Additional terms may govern support services. Any supplemental software code provided to you as part of the support services or otherwise will be considered part of Atanium and subject to this agreement. Atanium is responsible for order fulfillment only and will provide customer support during its normal business hours. Atanium has contracted or may in the future contract with third parties to provide technical support for Atanium.
7. U.S. Government Restricted Rights. Atanium and its accompanying documentation are deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, "Rights in Commercial Computer Software or Commercial Computer Software Documentation", as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of Atanium by the U.S. Government shall be solely in accordance with the terms of this agreement.
8. Export Restrictions. Atanium is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to Atanium. These laws include restrictions on destinations, end users and end use. You agree not to export Atanium to any prohibited country, entity, or person for which an export license or other governmental approval is required. Obtaining necessary licenses and approvals is solely your obligation.
9. DISCLAIMER OF WARRANTIES. Atanium IS LICENSED AS-IS AND DEFECTS MAY CAUSE IT TO NOT FUNCTION PROPERLY. ALTHOUGH NOT INTENDED, AS WITH ALL COMPUTER SOFTWARE, IT IS POSSIBLE A DEFECT COULD CAUSE YOUR COMPUTER TO FUNCTION IMPROPERLY. YOU BEAR THE RISK OF USING Atanium. ATANIUM GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, ATANIUM EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Atanium IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS, OR ANY OTHER USE WHERE A SOFTWARE MALFUNCTION COULD CAUSE PROPERTY DAMAGE OR PERSONAL INJURY, AND ATANIUM SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
10. Limitation on and Exclusion of Damages. Atanium's liability under this agreement is limited. You can recover from Atanium and its third-party suppliers only direct damages up to the greater of the amount that you paid for Atanium OR U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to anything related to Atanium, and any services, content (including code) on third party Internet sites, or third party programs, and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Atanium knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.
11. Legal Effect. This agreement describes certain legal rights between you and Atanium. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired Atanium. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
12. Applicable Law. Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. Jurisdiction over and venue of any suit arising out of or related to this agreement will be in the state and federal courts located in King County, Washington USA.
13. LIMITED WARRANTY
LIMITATION OF IMPLIED WARRANTY OR CONDITION If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRY (30) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
APPLICATION TO ENTIRE PROMOTION, DOWNLOAD AND PURCHASE PROCESS. By accepting this EULA and continuing with your purchase you agree that the limitations of warranty and liability provided in this EULA shall be held to cover the entire purchase, download and checkout process from first sponsored advertising impression through the acceptance of this EULA. The purchase process shall be defined to include, without limitation, any commercial efforts by ATANIUM or its agents to market and promote this product to you as well as the checkout process intended to secure the sale, including the encryption and transmission of your data electronically to ATANIUM's or its agents' credit card transaction systems. If you do not agree with the application of these limitations to the entire promotion and purchase process, do not continue the checkout process.
LIMITATION OF CLAIM PERIOD. Any claim of defect or failure, regardless of applicable express or implied warranty, must be made to ATANIUM in writing at Atanium, E-73 Chitranjan Marg, 'C'-Scheme, Jaipur- 302001, INDIA within thirty (30) days of purchase. You agree that a failure to notify ATANIUM of any such claim within this thirty (30) day claim period completely releases ATANIUM of any responsibility, warranty or liability associated with the SOFTWARE PRODUCT regardless of whether this warranty is created by your state/jurisdiction and federal or state/provincial law.
EVALUATION VERSION. For evaluation or limited functionality versions of the SOFTWARE PRODUCT ("TRIALS"), which shall be considered to be any copy of the SOFTWARE PRODUCT where no purchase price is paid prior to obtaining the software, you agree that your sole recourse to ATANIUM and to the party from which you obtained the free version for any defect or failure in the SOFTWARE PRODUCT is to remove the SOFTWARE PRODUCT from your computer at your own expense.
CUSTOMER REMEDIES. ATANIUM's and its suppliers' entire liability and your exclusive remedy shall be, at ATANIUM's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet ATANIUM's Limited Warranty and which is returned to ATANIUM with a copy of your receipt (or sufficient identifying information to be able to retrieve your purchase information in lieu thereof, at ATANIUM's sole discretion). This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States , neither these remedies nor any product support services offered by ATANIUM are available without proof of purchase from an authorized international source.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall ATANIUM or its agents, officers or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the advertising of the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if ATANIUM has been advised of the possibility of such damages. In any case, ATANIUM's entire liability under any provision of this EULA or any responsibility or liability created by the laws of your state/jurisdiction shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
INDEMNIFICATION: Atanium Software does not endorse, support or guarantee performance results obtained using the Software. Any difference in system hardware or software design or configuration may affect actual performance. Buyers should consult other sources of information to evaluate the performance of systems or components they are considering purchasing. Atanium agrees to indemnify, defend and hold harmless Licensee, its Affiliates, and their officers, directors, shareholders, employees and representatives from and against any and all claims, demands and actions (including damages, losses, expenses, attorneys fees and litigation costs) based on a violation, misappropriation or infringement of a third party proprietary right in a patent, trademark, copyright or trade secret arising from the use of the Software.
NOT FOR MISSION CRITICAL USE. You warrant that you understand and agree that the software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result is injury to persons or physical damage. ATANIUM specifically disclaims any express or implied warranty of fitness for such purposes.
BACKUP RESPONSIBILITY. The SOFTWARE PRODUCT is a system utility, and as such can make irreversible changes to the state of computer on which it is run and that ATANIUM cannot accurately predict or ensure the outcome in all possible scenarios, and therefore purchaser agrees to make and test a complete system backup and backup of all personal information before operating the SOFTWARE PRODUCT. You agree that you accept all responsibility for reversing or correcting any changes made by the SOFTWARE PRODUCT.
NO PERFORMANCE WARRANTY. ATANIUM specifically disclaims any warranty for the amount of performance increase or utility provided by the SOFTWARE PRODUCT. By purchasing this software and accepting this EULA you specifically agree that you understand that no representation or warranty is made by ATANIUM that the SOFTWARE PRODUCT will necessarily increase performance or provide a utility benefit on your computer, and that no claim of specific deficiency, defect, or underperformance has been made with respect to your computer. Any claims of performance increases or utility made for the software are those of possible or potential improvement or utility, and no warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall see a performance increase or utility benefit from the SOFTWARE PRODUCT. Your sole remedy for any dissatisfaction with the presence of or the degree or amount of performance improvement or utility shall be limited to the customer remedies described above.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, ATANIUM disclaims all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services.