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LICENSE AGREEMENT FOR ANTWISE SOLUTIONS PRODUCTS
IMPORTANT - READ CAREFULLY: This License Agreement is a binding legal agreement between You and Antwise Solutions for the Software Product Vimalin, which includes computer software, and may include 'online', electronic documentation and associated materials (collectively the 'Software Product(s)'). By installing, copying, or using a Software Product or any part thereof, you warrant that you have the authority to enter into this License Agreement and you agree to be legally bound by its terms and conditions, the limited warranties and limitations of liability and restrictions herein. If you do not agree to all terms and conditions of this License Agreement, you are not authorized to install or use the Software Product(s).
For the purposes of this License Agreement, the following definitions apply:
'End User' - A person that uses the Vimalin Software Product with an appropriate license.
'Named End User' - A specific, individual, named person that uses the Vimalin Software Product with an appropriate license. Each individual named user must be included in the licensed Number of Named End Users.
'Number of End Users' / 'Number of Named End Users' - The count of the total number of End Users or Named End Users licensed to use a Software Product under the terms and conditions of this License Agreement.
SOFTWARE PRODUCT LICENSE
The Software Product(s) are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Products are licensed, not sold. Subject to the terms and conditions hereof, this LICENSE grants you the following limited, non-exclusive entitlements for the products listed below:
1. GRANT OF LICENSE FOR ANTWISE SOLUTIONS SOFTWARE PRODUCTS.
1.1 LICENSE FOR VIMALIN: You may install VIMALIN on any computer of which you are the primary user. You may use VIMALIN on only one computer at a time. You may not share or otherwise allow another person to use your VIMALIN or a VIMALIN designated solely for your use. You may use VIMALIN to make and restore backups of Virtual Machines.
If you are an individual person, the entitlements in this VIMALIN license are granted only to you. If you are a legal business entity, you may designate one named person to exercise the rights to use VIMALIN granted above. Your designated user shall be referred to as you in this section. The designation of one named person to exercise your license rights does not create a separate, additional license for the designated user; licensee rights and responsibilities are non-transferrable and remain yours.
2. RESERVATION OF RIGHTS.
Except as expressly granted herein, ANTWISE SOLUTIONS retains all right, title and interest in and to the Software Products and any copies of the Software Products, regardless of location or the form in which the copies may exist. The Software Products’ design, structure, organization and source code are valuable trade secrets of ANTWISE SOLUTIONS and its suppliers and are protected under international copyright and trade secret laws.
All copyrights in and to the Software Products, in all forms, and all copies of the Software Products wherever situated are owned by ANTWISE SOLUTIONS or its suppliers. The Software Products are protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Products like any other copyrighted material except that you may make one copy of a properly licensed Software Product solely for inactive backup or archival purposes.
4. DESCRIPTION OF OTHER SOFTWARE PRODUCT RIGHTS AND LIMITATIONS.
You may not sublicense, reproduce, distribute, transmit, market, sell, assign, transfer, disclose, translate, modify, disassemble, or reverse engineer any Software Product by any means or in any form, or create derivative works based on the Software Products, or any portions thereof, or obtain possession of any source code or other technical material relating to Software Products. You agree not to allow more than the licensed Number of End Users or Number of Named End Users to use the Software Product. You agree not to interfere with or remove any technical limitations on the Number of End Users, Number of Named End Users, Number of Applications, number of terminals, workstations or personal computers, devices or other restrictions that may be incorporated into the Software Product. You further agree that although the Software Product may be restricted by technical means, that the terms, restrictions and limitations of use defined in this License Agreement shall take precedence over any physical mechanism that restricts or attempts to restrict the use of the Software Product.
5. DESCRIPTION OF ADDITIONAL SOFTWARE SUBJECT TO THIS LICENSE AGREEMENT
Unless a subsequent License Agreement is provided, the terms of this License Agreement apply to all Software Product updates, subscriptions, revisions, supplements, additional feature components, or other components that ANTWISE SOLUTIONS may provide or make available without a specific License Agreement after the effective date of this License Agreement. By installing and using any new or updated Software Product accompanied by this License Agreement, You agree that the terms and conditions of this License Agreement replace and supersede the terms and conditions of the License Agreement originally applicable to any prior revisions of ANTWISE SOLUTIONS Software Products still used by the licensee.
This License Agreement terminates automatically upon your failure to comply with its terms or conditions. Without prejudice to any other rights, ANTWISE SOLUTIONS may terminate this License Agreement immediately if you fail to comply with the terms and conditions hereof. In the event of termination, you must immediately cease all use of the Software Product, cease use and/or distribution of Application Software created the Software Products licensed herein and destroy all copies of the Software Products in your possession.
This License Agreement is the entire agreement between you and ANTWISE SOLUTIONS and supersedes any proposal or prior agreement, offer, oral or written, in hardcopy or electronic in any form, and any other communications relating to the subject matter of this License Agreement.
Any and all fees and payments shall be exclusive of foreign, state and local use, sales, property, internet and electronic commerce taxes, whether current or future. You agree to pay any and all such taxes.
GENERAL - LIMITED WARRANTY. For a period of thirty days from the date of invoice, ANTWISE SOLUTIONS warrants that the licensed Software Product will perform substantially in accordance with the accompanying documentation created by ANTWISE SOLUTIONS. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software Products are limited to ninety days. The general limited warranty varies according to the specific Software Product licensed as follows:
Vimalin is provided as-is, without warranty of any kind.
CUSTOMER REMEDIES. Regardless of the form or action, whether in contract, negligence, strict liability, tort, products liability, or otherwise, you agree that ANTWISE SOLUTIONS's and its suppliers' entire liability and your exclusive remedy shall be, at ANTWISE SOLUTIONS's sole option, either (a) return of the license price paid, or (b) repair or replacement of the Software Product that does not meet ANTWISE SOLUTIONS's Limited Warranty as described above and which is returned to ANTWISE SOLUTIONS with a copy of your receipt. This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, or misapplication or if the Software Product has been modified in any way whatsoever. 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 ANTWISE SOLUTIONS are available without proof of purchase from an authorized source. The parties acknowledge that these remedies are reasonable based on the nature of the Software Products and shall not be deemed unreasonable or to fail of their essential purpose.
NO OTHER WARRANTIES OR CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANTWISE SOLUTIONS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE PRODUCTS AND ANY OTHER PRODUCTS OR GOODS PROVIDED BY ANTWISE SOLUTIONS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANTWISE SOLUTIONS, OR ITS SUPPLIERS, OFFICERS, DIRECTORS OR EMPLOYEES 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, LOSS OF GOODWILL OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCTS, OR ANY OTHER PRODUCTS OR GOODS PROVIDED BY ANTWISE SOLUTIONS OR ANY PORTION THEREOF, EVEN IF ANTWISE SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Revised: November 2016
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