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End User License Agreement
IMPORTANT, PLEASE READ CAREFULLY: This HES End-User License Agreement (Agreement) is a legal agreement between HES and you (either an individual or a single entity, such as a partnership, corporation, or other entity) for the HES software product contained in this package (SOFTWARE). The SOFTWARE includes computer software on associated media and includes on-line or electronic documentation. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, do not install, copy, or use the SOFTWARE.
USE OF THE SOFTWARE CONSTITUTES ACCEPTANCE OF THE ABOVE DISCLAIMERS.
GRANT OF LICENSE: The SOFTWARE is licensed, not sold, from HES to you. HES retains ownership of the SOFTWARE and any copies that you make of it. This SOFTWARE is licensed for use on a single computer.
SOFTWARE ASSIGNMENT OR TRANSFER: This SOFTWARE License is not for resale, assignment, or transfer. This SOFTWARE is licensed for the sole use of the original licensee.
RENTAL: You may not rent, lend, or lease the SOFTWARE.
INTELLECTUAL PROPERTY: The SOFTWARE is protected by copyright, trademark, and other intellectual property law in Australia and in other countries by international treaties. You may not reverse engineer, decompile, or disassemble the SOFTWARE.
DISCLAIMER OF WARRANTIES: THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU.
LIMITATIONS OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HES SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE USE OF THIS SOFTWARE. UNDER NO CIRCUMSTANCES WILL HES BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF HES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DO NOT USE THIS SOFTWARE IN ANY WAY OR FOR ANY PURPOSE IF YOU DESIRE HES TO TAKE ANY LIABILITY FOR ITS USE.