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1. a) This is an End User
License Agreement (EULA) between you (the “Licensee”), the end user of
the software, and the manufacturer of this software (the “Licensor”),
RobotMonkeySoftware LLC. It constitutes a legally binding agreement,
whereby installing and
using said product, you the "Licensee" agrees to be bound by the
terms set forth, as follows:
2. Non-Exclusivity,
Scope of Rights.
2.a) ”Licensor” grants the “Licensee” a nonexclusive
license to use the CryptoSticky Program, which includes: (i) Package of
Computer Program(s), (ii) User Manual(s), (iii) Application Data, (iv)
Data Connection and Server Services. This License Agreement is also
applicable to downloadable and/or binary forms of said items. These
items together constitute the "Licensed Program", subject to the
following terms and conditions, which apply to any and all versions of
the “Licensed Program”.
2.b) “Licensee” may: install one copy of the Licensed Program on
three (3) different computers.
2.c) “Licensee” may: use and execute the Licensed Program on no
more than three computers on a single network for the purposes of
serving the needs of the end user.
2.d) “Licensee” may: make copies of the Licensed Program for
nonproductive backup purposes only.
2.e) “Licensee” may not: install the Licensed Program on any
other computer without “Licensor’s” express authorization obtained in
advance.
3. Proprietary
Protection and Restrictions.
3.a) “Licensee” shall have no ownership of any right,
title, and interest in and to the Licensed Program and any
modifications, improvements and enhancements thereof. The
Licensed Program is licensed, - not sold - for use by the
“Licensee”.
3.b) “Licensor” does not sell or transfer title to the
Licensed Program to “Licensee”. “Licensor” solely owns the
Licensed Program and any modifications, improvements, and enhancements
thereof, including its features and mode of operation, copyrights,
trade-secrets, know-how, inventions, techniques, processes, programs,
ideas, computer code, internal documentation, design and function
specifications, product requirements, software documents, and all other
technical, business, product, marketing and financial information,
plans and/or data.
4. Limited Warranty
and Limitation of Liability.
4.a) “Licensor” has taken care, for the “Licensee’s”
benefit, to ensure the accuracy and reliability of the Licensed
Program. The following disclaimer is expressly conditioned on
observance of the Computer Program’s operating requirements, and the
procedures set forth in the materials included with the “Licensed
Program”.
4.b) “Licensor” assumes no liability for errors or
omissions in the Licensed Program and reserve the right to make changes
and improvements without further notice to the “Licensee” for any
reason.
4.c) Except as expressly set forth in this agreement,
“Licensor” disclaims any and all representations and warranties with
respect to the Licensed Program, including its condition, its
conformity to any description, and its merchantability for fitness for
a particular purpose. The information provided with the Licensed
Program is not intended to be representations or warranties concerning
the Licensed Program. This disclaimer excludes media defect, which will
be repaired or replaced at the option of the “Licensor”.
4.d) The cumulative liability of “Licensor” to “Licensee”,
shall not exceed the total amount of all license fees paid by
“Licensee” to “Licensor”. This limitation of liability applies without
regard to whether other provisions of this Agreement have been breached
or have proven ineffective or unenforceable. (It being understood that
“Licensee” is solely responsible operating Licensed Program, including
reasonable backup precautions)
4.e) In NO event shall “Licensor” be liable for any loss
of profits; any incidental, or consequential damages; or any claims or
demands brought against “Licensee”, even if “Licensor” has been advised
of the possibility of such claims or demands. This limitation upon
damages and claims apply without regard to whether other provisions of
this agreement have been breached or have proven ineffective or
unenforceable.
4.f) The product contains encryption algorithm(s) which
may conflict with the laws of the country where the product is
deployed. It is the SOLE responsibility of the "Licensee" to assure the
program is used in accordance of all applicable laws and regulations.
5.0.
Miscellaneous.
5.a) This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida, United States and be
subject to the exclusive jurisdiction and venue of its courts.
5.b) No modification of this Agreement shall be binding
unless it is in writing and is signed by an authorized representative
of both parties.
5.c) Any notices required or permitted under this
Agreement shall be in writing and delivered in person or sent by
registered or certified mail, return receipt requested.
5.d) In the event that any of the terms of this Agreement
is invalid or unenforceable, or declared void by any competent
jurisdiction, all the remaining terms of this Agreement shall remain in
full force and effect.
5.e) This agreement is the complete and exclusive
statement of “Licensor’s” obligations and responsibilities to
“Licensee” and supersedes any other proposal, representation, or other
communication by or on behalf of “Licensor” relating to the subject
matter hereof.
Please note: this License Agreement is a copy
of the agreement that accompanies the product. In case of deviation,
the licence agreement accompanying the product is in effect.
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