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End-User License Agreement
End-User License Agreement
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal
agreement between you (either an individual or a single entity) and L-Space Design
for the software product identified above, which includes computer
software and may include associated media, printed materials, and "online" or
electronic documentation ("Product"). An amendment or addendum to this EULA
may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY
INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO
NOT INSTALL OR USE THE PRODUCT. In addition, by installing, copying, or otherwise
using updates that you receive as part of the Product ("UPDATES"), you agree
to be bound by the additional license terms that accompany such UPDATES. If
you do not agree to the additional license terms that accompany such UPDATES,
you may not install, copy, or use such UPDATES.
sample applications, tools and utilities, miscellaneous technical information,
development toolkits, server applications, and development tools (each, a
"COMPONENT," and collectively "COMPONENTS," of the Product); the Product may
include groups of COMPONENTS. This EULA defines your rights to the COMPONENTS
you have elected to receive as part of your subscription to the MSDN Subscription
Program.
for the Product, one individual is authorized to use the Product according
to the terms of this EULA. Each license must be dedicated to use of the Product
by one individual. Specifically:
a personal, nonexclusive license to make and use copies of the Product
in accordance with the terms of this EULA, provided that you are the only
individual using the Product
one individual within your organization to have the sole right to make
and use copies of the Product in accordance with the terms of this EULA.
may not reverse engineer, decompile, or disassemble the Product, except
and only to the extent that it is expressly permitted by applicable law
notwithstanding this limitation.
this EULA if you do not abide by the terms and conditions of this EULA,
in which case you must destroy all copies of the Product and all of its
component parts.
may collect and use technical information you provide as a part of support
services related to the Product. L-Space Design agrees not to use this information
in a form that personally identifies you.
this EULA, provided you retain no copies, you transfer all of the Product
(including all COMPONENTS, UPDATES, the media and printed materials, any
upgrades, and this EULA), you provide L-Space Design notice of your name, company,
and address and the name, company, and address of the person to whom you
are transferring the rights granted herein, and the recipient agrees to
the terms of this EULA. If the Product is an upgrade, any transfer must
include all prior versions of the Product.
purposes as described in this EULA.
and subject to the terms and conditions of this EULA. Additional license
terms may accompany UPDATES (as defined in the first paragraph of this
EULA). By installing, copying, or otherwise using any UPDATE, you agree
to be bound by the terms accompanying each such UPDATE. If you do not
agree to the additional license terms accompanying such UPDATES, do not
install, copy, or otherwise use such UPDATES.
in accordance with the accompanying materials for a period of 90 days from
the date of receipt. If an implied warranty or condition is created by your
state/jurisdiction and federal or state/provincial law prohibits disclaimer
of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS
DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO
ANY DEFECTS DISCOVERED AFTER THE NINETY (90)-DAY PERIOD, THERE IS NO WARRANTY
OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations
on how long an implied warranty or condition lasts, so the above limitation
may not apply to you. Any supplements or updates to the Product, including
without limitation, any (if any) service packs or hot fixes provided to you
after the expiration of the ninety-day Limited Warranty period are not covered
by any warranty or condition, express, implied, or statutory. LIMITATION ON
REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any
breach of this Limited Warranty is as set forth below. Except for any refund
elected by L-Space Design, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT
LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet L-Space Design`s
Limited Warranty, and, to the maximum extent allowed by applicable law, even
if any remedy fails of its essential purpose. The terms of Section 11 below
("Exclusion of Incidental, Consequential, and Certain Other Damages") are
also incorporated into this Limited Warranty. Some states/jurisdictions do
not allow the exclusion or limitation of incidental or consequential damages,
so the above limitation or exclusion may not apply to you. This Limited Warranty
gives you specific legal rights. You may have others which vary from state/jurisdiction
to state/jurisdiction. YOUR EXCLUSIVE REMEDY. L-Space Design`s and its suppliers`
entire liability and your exclusive remedy shall be, at L-Space Design`s option
from time to time exercised subject to applicable law, (a) return of the price
paid (if any) for the Product, or (b) repair or replacement of the Product,
that does not meet this Limited Warranty and that is returned to L-Space Design
with a copy of your receipt. You will receive the remedy elected by L-Space Design
without charge, except that you are responsible for any expenses you may incur
(e.g. cost of shipping the Product to L-Space Design). This Limited Warranty is
void if failure of the Product has resulted from accident, abuse, misapplication,
abnormal use, or a virus. Any replacement Product will be warranted for the
remainder of the original warranty period or thirty (30) days, whichever is
longer. Outside the United States or Canada, neither these remedies nor any
product support services offered by L-Space Design are available without proof
of purchase from an authorized international source. To exercise your remedy,
contact: L-Space Design, Attn. L-Space Design Sales Information / 32 Lincoln Road, Manurewa / AUCKLAND / New Zealand.
only express warranty made to you and is provided inlieu of any other express
warranties (if any) created by any documentation or packaging. Except for
the Limited Warranty and to the maximum extent permitted by applicable law,
L-Space Design and its suppliers provide the Product and Support Services (if any)
AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions,
either express, implied, or statutory, including, but not limited to, any
(if any) implied warranties, duties or conditions of merchantability, of fitness
for a particular purpose, of accuracy or completeness of responses, of results,
of workmanlike effort, of lack of viruses, and of lack of negligence, all
with regard to the Product, and the provision of or failure to provide Support
Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD
TO THE PRODUCT.
maximum extent permitted by applicable law, in no event shall L-Space Design or
its suppliers be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, but not limited to, damages for loss of profits
or confidential or other information, for business interruption, for personal
injury, for loss of privacy, for failure to meet any duty including of good
faith or of reasonable care, for negligence, and for any other pecuniary or
other loss whatsoever) arising out of or in any way related to the use of
or inability to use the PRODUCT, the provision of or failure to provide Support
Services, or otherwise under or in connection with any provision of this EULA,
even in the event of the fault, tort (including negligence), strict liability,
breach of contract, or breach of warranty of L-Space Design or any supplier, and
even if L-Space Design or any supplier has been advised of the possibility of such
damages.
might incur for any reason whatsoever (including, without limitation, all
damages referenced above and all direct or general damages), the entire liability
of L-Space Design and any of its suppliers under any provision of this EULA and
your exclusive remedy for all of the foregoing (except for any remedy of repair
or replacement elected by L-Space Design with respect to any breach of the Limited
Warranty) shall be limited to the greater of the amount actually paid by you
for the Product or U.S.$5.00. The foregoing limitations, exclusions, and disclaimers
(including Sections 9, 10, and 11 above) shall apply to the maximum extent
permitted by applicable law, even if any remedy fails its essential purpose.
EULA is governed by the laws of the State of Washington. If you acquired this
Product in Canada, unless expressly prohibited by local law, this EULA is
governed by the laws in force in the Province of Ontario, Canada; and, in
respect of any dispute which may arise hereunder, you consent to the jurisdiction
of the federal and provincial courts sitting in Toronto, Ontario. If this
Product was acquired outside the United States, then local law may apply.
EULA which is included with the Product) are the entire agreement between
you and L-Space Design relating to the Product and the Support Services (if any)
and they supersede all prior or contemporaneous oral or written communications,
proposals, and representations with respect to the Product or any other subject
matter covered by this EULA. To the extent the terms of any L-Space Design policies
or programs for Support Services conflict with the terms of this EULA, the
terms of this EULA shall control.
and treaties. L-Space Design or its suppliers own the title, copyright, and other
intellectual property rights in the Product. The Product is licensed, not
sold.