End User License Agreement
This License Agreement appears in the InstallShield Setup procedure
and must be agreed to before you can complete the installation process.
By running this Software, you are consenting to be bound by and are
a party to this Agreement.
This is a grant of License allowing the purchaser of this License to
use the software program SkunkLabs' Liquid Media Lite (hereafter referred
to as SLLM) under certain restrictions, terms and conditions. As used
herein, the term "Licensee" shall refer to the person or entity which
has purchased this License from the Licensor. "Licensor" shall refer
to SkunkLabs' Ltd. and/or any person or entity who has been duly and
properly authorized by SkunkLabs' Ltd. to act as a Licensor.
License Grant: Licensor grants to Licensee a non-exclusive, nontransferable
License to use the Software in the manner described in this document.
Scope of License Grant for the version of the Software:
Grant of a License allows the Licensee to install the Software on one
primary computer AND on one home or portable computer. However, the
software may not be used on the secondary computer by another person
at the same time the software on the primary computer is being used.
Terms Applicable to License grant: Scope of License grant: Licensee
may copy the software for archival purposes, provided any copy must
contain all of the original software's proprietary notices.
Licensee may not:
-
a) Modify, translate, reverse engineer, decompile,
disassemble (except and SOLELY to the extent that an applicable Statute
expressly and specifically prohibits such restrictions), or create
derivative works based on the Software,
-
b) Copy the Software other than as specified above,
-
c) Rent, lease, grant a security interest in or otherwise
transfer rights to the Software,
- d) Remove any proprietary notices or labels on the software.
Disclaimer of Warranty:
The version of the Software is provided on an AS IS basis, without warranty
of any kind, including, without limitation, the warranties that the Software
is merchantable, fit for a particular purpose or non-infringing. The entire
risk as to the quality and performance of the software is borne by you,
the Licensee. Should the Software prove defective in any respect, Licensee
and not SkunkLabs' Ltd. nor any of their Distributors or Resellers, shall
assume entire cost of any service and repair incurred. In addition, the
security mechanisms implemented by the Software have inherent limitations
and Licensee must determine that the Software sufficiently meets Licensee's
requirements. This Disclaimer of Warranty constitutes an essential part
of the License Agreement. No use of the Software is authorized hereunder
except under this Disclaimer.
Title: Title, ownership rights and intellectual property rights in the
Software shall remain with SkunkLabs' Ltd. The Software is protected by
copyright and other intellectual property laws and by international treaties.
Title and related rights in the content accessed through the Software
is the property of the applicable content owner and is protected by applicable
law. The License granted under this Agreement gives the Licensee no rights
to such content.
Termination: This Agreement and the License granted hereunder will terminate
automatically if Licensee fails to comply with the limitations described
herein. Upon termination, Licensee must destroy all copies of the Software.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
TORT, CONTRACT OR OTHERWISE, SHALL LICENSOR OR IT'S SUPPLIERS OR RESELLERS
BE LIABLE TO LICENSEE, OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, PROFIT, 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 LICENSEE FOR A LICENSE OF THE SOFTWARE,
EVEN IF THE 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.
Export Law Assurances: Licensee agrees and certifies that neither the
Software nor other technical data received from Licensor, nor the direct
product thereof, will be exported outside of the United States except
as authorized and permitted by the laws and regulations of the United
States. If the Software has been rightfully obtained by Licensee outside
of the United States, Licensee agrees that Licensee will not re-export
the Software nor any other technical data received from Licensor nor
the direct product thereof, except as permitted by the laws and regulations
of the United States and the laws and regulations of the jurisdiction
in which Licensee obtained the Software. The Software may not be exported
to any of the following countries: Cuba, Iran, Iraq, Libya, North Korea
or Syria or any other countries as may be determined by the United States
government from time to time.
High Risk Activities:
The Software is not fault-tolerant and is not designed, manufactured
or intended for use or resale as on-line control equipment in hazardous
environments requiring fail-safe performance, such as in the operation
of nuclear facilities, aircraft navigation or communication systems,
air traffic control, direct life support machines or weapon systems
in which the failure of the Software could lead directly to death, personal
injury or severe physical or environmental damage ("high risk activities").
Accordingly, Licensor and his suppliers specifically disclaim any express
or implied warranty of fitness for High Risk Activities.
Miscellaneous This Agreement represents the complete agreement concerning
the License granted hereunder and may be amended only by a writing executed
by both parties.
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