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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 AECNU
Internet & Computers.
We hereby grant you a nonexclusive license to use one copy of the
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").
Archival or Backup Copies
You may copy the Software for back up and archival purposes,
provided that the original and each copy is kept in your possession
and that your installation and use of the Software does not exceed
that allowed in the "License Grant" section above.
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 transfer all your rights to use the Software and
Documentation to another person or legal entity provided you
transfer this Agreement, the Software and Documentation, including
all copies, updates and prior versions to such person or entity and
that you retain no copies, including copies stored on computer.
Limited Warranty
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 either:
Return the price you paid, or
Repair or replace the Software or media that does not meet
the foregoing warranty if it is returned to us with a copy of
your receipt.
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 Pennsylvania, 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 AECNU Internet & Computers and/or its affiliates'
intellectual property rights, AECNU Internet & Computers and/or its
affiliates may seek injunctive or other appropriate relief in any
state or federal court in the State of Pennsylvania, 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: Sofia Bulgaria. 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: Sofia Bulgaria, 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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