IMPORTANT - READ CAREFULLY
This End-User License Agreement ("Agreement") is a legal agreement between you ("Licensee", as defined below) and The Akadia Group, ("Akadia") for the software product (“U-Rite”) that accompanies this Agreement, or that is subsequently provided to the Licensee pursuant to further order, including any associated media, printed materials and electronic documentation (collectively, the "Software", as defined below). By installing, copying, downloading, accessing or otherwise using the Software, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not accept and agree to the terms and conditions of this Agreement, Akadia is unwilling to license the Software contained herein to Licensee. In that case, do not install access or use the Software; rather, delete the Software from your computer or network in whatever form(s) it exists.
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined: "Licensor" means The Akadia Group Inc., "Licensee" means You or Your Company, unless otherwise indicated. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to ((i) registration information, i.e. License key which is unique for a registration name of the Licensee; (ii) related explanatory written materials or files("Documentation"); and (iii) Software setup files and code samples (if any); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Akadia (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "System" means Windows OS, GNU/Linux, or Mac OS X, or any virtual machine.
You are granted a non-exclusive License to Use the downloaded Software for any purposes for an unlimited period of time. The software product under this License is provided free of charge. Even though a license fee is not paid for the use of such software, it does not mean that there are no conditions for using such software. The Software may be installed and Used by the Licensee for any legal purpose on any number of Systems. The Software can be copied and distributed under the condition that original copyright notice and disclaimer of warranty will stay intact and the Licensee will not charge money or fees for the Software product, except to cover distribution costs. The Licensee will not have any proprietary rights in and to the Software. The Licensee acknowledges and agrees that the Licensor retains all copyrights and other proprietary rights in and to the Software. Use within the scope of this License is free of charge and no royalty or licensing fees shall be paid by the Licensee.
This License does not transmit any intellectual rights on the Software. The Software and any copies that the Licensee is authorized by the Licensor to make are the intellectual property of and are owned by the Licensor. The Software is protected by copyright, including without limitation by Copyright Law and international treaty provisions. Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. The structure, organization and code of the Software are the valuable trade secrets and confidential information of the Licensor. The Licensee agrees not to decompile, disassemble or otherwise attempt to discover the source code of the Software. Any attempts to reverse-engineer, copy, clone, modify or alter in any way the Software or its installer program without the Licensor's specific approval are strictly prohibited. Any information supplied by the Licensor or obtained by the Licensee, as permitted hereunder, may only be used by the Licensee for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give the Licensee any rights of ownership in that trademark.
THE SOFTWARE IS PROVIDED ENTIRELY "AS IS". LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANYIMPLIED OR EXPRESS WARRANTIES OF TITLE. LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL AKADIABE LIABLE TO USER FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, INTERRUPTION TO BUSINESS, LOSS OF INFORMATION OR ANY OTHERINCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SUPPLY TO OR USER'S USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER OR NOT LICENSOR HAS BEEN INFORMEDOF THE POSSIBILITY OF THE SAME, AND WHETHER STYLED AS A CLAIM IN CONTRACT, TORT OROTHER LEGAL THEORY.USER ACKNOWLEDGES THAT NO PROMISE, REPRESENTATION, WARRANTY OR UNDERTAKINGHAS BEEN MADE BY LICENSOR TO ANY PERSON OR COMPANY ON USER'S BEHALF AS TO THEPROFITABILITY OR ANY OTHER CONSEQUENCES OR BENEFITS TO BE OBTAINED FROMDELIVERY TO USER OF THE SOFTWARE. USER HAS RELIED UPON ITS OWN SKILL ANDJUDGMENT IN ACQUIRING THE SOFTWARE. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT A COMPLETE LIMITATION OF DAMAGES AS SET FORTH HEREIN, USER AGREES THATITS DAMAGES SHALL BE LIMITED TO ONE DOLLAR (CAN). NOTHING HEREIN SHALL BE CONSTRUED AS ATTEMPTING TO ENFORCE RIGHTS AGAINST USER BEYOND THOSE PERMITTED BY APPLICABLE LAW.
If a portion of this Agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is deemed unlawful, the rest of the Agreement remains in force. A party's failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement.