AFHTech END USER LICENSE AGREEMENT AND DISCLAIMER OF WARRANTY (EULA&DW)
(25.May.2008)
1. GRANT OF LICENSE:
Subject to the terms below, AFHTech hereby grants you a non-exclusive, non-transferable license to install (where applicable) and to use this AFHTech Software.
Under this license, you may: (i) install and use the Software on a single computer for your personal and internal use (ii) copy the Software for back-up or archival purposes (PocketPC Platform only) (iii) YOU MAY NOT distribute the software to others without first obtaining the required licenses, where applicable.
Whether you are licensing the Software as an individual or on behalf of an entity, YOU MAY NOT: (i) reverse engineer, decompile, or disassemble the Software or attempt to discover the source code; (ii) modify, or create derivative works based upon, the Software in whole or in part without the express written consent of AFHTech; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software; (vi) copy the Internet Platform Software for back-up or archival purposes.
You acknowledge that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain that of AFHTech.
You acknowledge that AFHTech may cancel or change Internet Platform Software Services anytime at AFHTech free wish.
You also agree that AFHTech may change this end user license agreement and disclaimer of warranty without previous notice to end user.
2. Reservation of rights.
All rights not expressly granted in this Agreement are reserved by AFHTech.
3. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
THIS SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDES "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, AFHTech DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE YOU, AND NOT AFHTech OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
THE ABOVE IS THE ONLY WARRANTY OF ANY KIND THAT IS MADE BY AFHTech, ON THIS PRODUCT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AFHTech, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
NEITHER AFHTech NOR ANYONE ELSE, WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF AFHTech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN OTHER WORDS: THERE IS NO GUARANTEE! YOU TRY AND USE ALL OUR PRODUCTS AT YOUR OWN RISK!
IN STATES/COUNTRIES WHERE THESE RESTRICTIONS ARE ILLEGAL, YOU ARE NOT ALLOWED TO USE ANY OF OUR PRODUCTS!
4. TERMINATION:
This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required to effectuate such termination. Upon termination, you must remove and destroy all copies of the Software.
5. ACKNOWLEDGMENT
BY DOWNLOADING OR USING OF ANY OF OUR PRODUCTS YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA&DW, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS' TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE EULA&DW IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE EULA&DW, AND THAT AFHTECH MAY CHANGE THIS END USER LICENSE AGREEMENT AND DISCLAIMER OF WARRANTY WITHOUT PREVIOUS NOTICE.