| END-USER LICENSE AGREEMENT FOR ASCENTIVE SOFTWARE: |
IMPORTANT-READ CAREFULLY BEFORE INSTALLING AND/OR USING ANY SOFTWARE OR SERVICES FROM ASCENTIVE LLC.
THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL, HEREAFTER REFERRED TO AS "YOU, " "LICENSEE," OR "MEMBER") AND ASCENTIVE LLC ("ASCENTIVE," "WE," OR "LICENSOR") FOR ANY SOFTWARE, SERVICES, OR OTHERWISE PURCHASED OR OBTAINED THROUGH ASCENTIVE LLC OR ANY PARTNER OR RETAILER , WHICH INCLUDES COMPUTER PROGRAMMING CODE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND "ONLINE" OR ELECTRONIC DOCUMENTATION ("SOFTWARE").
BY INSTALLING AND/OR OTHERWISE USING ANY SOFTWARE AND/OR SERVICE PROVIDED BY ASCENTIVE LLC YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE AND/OR SERVICES. YOU AGREE THAT BY USING THE SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS.
All Ascentive software is protected by United States copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software is licensed.
MODIFICATION OF THESE TERMS OF USE:
Ascentive LLC reserves the right to update this License Agreement at any time without notice to the end user. It is your responsibility to ensure that you have the most up to date version of this agreement. You may request a copy of this agreement at any time by contacting us via our web site at www.ascentive.com or by using any other contact method available.
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| 1. LIMITATION OF LIABILITY: Under no circumstances and under no legal theory, whether tort, contract, or otherwise, shall licensor or its suppliers or resellersbe 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. In no event will licensor be liable for any damages in excess of the amount licensor received from you for a license to the software, even if licensor shall have been informed of the possibility of such damages, or for any claim by any third party. This limitation of liability shall not apply to liability for death or personal injury resulting from licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to you. |
| 3. LICENSE KEYS: License Keys for software are licensed for single use on one computer per license. Licenses are bound to the machine upon which they are validated and may not be used on another machine once validated. It is your responsibility to install the software and components only on computers for which you have purchased licenses. We accept no responsibility for accidental activations for any reason. |
| 4. REPRODUCTION OF SOFTWARE: You may make backup copies of your software for the purpose of backup only. You may not reproduce for sale, trade, or other use for any person not listed under the original purchase. Any and all instances of piracy will result in loss of use of software, services, and subscriptions provided through Ascentive LLC with no refund, and may result in legal prosecution of all parties involved. Ascentive LLC reserves the right to monitor all software usage for evidence of piracy. |
| 5. INTELLECTUAL PROPERTY RIGHTS: All interest in any copyrights, patents, trade secrets, trademarks, and any other intellectual property rights in and to the software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the software), the accompanying materials (if any), and any copies of the software, are owned by Ascentive or its suppliers. Therefore, you must treat the software like any other material protected by intellectual property laws. |
| 6. SYSTEM COMPATIBILITY: Our software is thoroughly tested to be free of errors, however, because we can not predict every situation and because different customers have different system environments (hardware, software); installed software may not function properly and/or could cause damage to your system, including, but not limited to data loss and hardware / software failure. All software is downloaded, installed, and used at your own risk. We make no statements that our software will or will not work with your specific system to your expectations. If your software is not performing to your expectations it is your responsibility to contact us for a cancellation or refund. In order to qualify for any refund due, it is your responsibility to submit your request before any refund period ends. |
| 7. RIGHT TO INSTALL: By installing this software, you state the following: |
| i. You accept responsibility that installation and usage of this software and/or any data received from it is in accordance with your local city, state, and federal laws regarding monitoring and privacy of computer and/or equipment usage and any person(s) using said monitored computers and/or equipment. |
| ii. The software is being installed on computers and/or equipment which you own and/or have permission to install the software. |
| iii. Ascentive LLC accepts no responsibility; legal or otherwise; for the legal or illegal usage of this software, or any data received from this software in the event of a legal dispute between you and any person(s) due to activity received from this software; including, but not limited to, employee termination, disciplinary action, theft of private data, or otherwise. |
| 8. SYSTEM BACKUPS: It is recommended that before installing any software that you back up your system. It is your responsibility to perform routine backups on your system to protect you against any loss of data due to installation, usage, or removal of software from your system. If you are unsure of how to perform a data backup, you should consult your computer manufacturer for more information. |
| 9. TERMINATION: Without prejudice to any other rights, Ascentive may terminate your software licenses, subscriptions, and any other services that you have through Ascentive LLC if you fail to comply with any of the terms and conditions of this EULA. Upon notification of such termination, you must destroy all copies of the software and all of its component parts. |
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| If you do not agree to any of these terms, you should not install any software from Ascentive LLC. By installing any software from Ascentive LLC you are stating explicitly that you have read, understood, and agree to be bound by all terms of this agreement. If you decide that you do not agree to these terms after you have downloaded our software, you must contact us within the allowed period to obtain a cancellation and/or refund and are required to destroy all copies of our software. If you do not contact us within the allowed time, you state that you agree to and will be bound by these terms. |
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