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END-USER LICENSE AGREEMENT FOR INFOFIND SOFTWARE
IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either and individual or a single entity) and Omnicognic, LLC (a Business in Beverly Hills, California, USA) and its suppliers and licensors (collectively "OMNICOGNIC") for the InfoFind Application ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by OMNICOGNIC. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
a) Applications Software. You may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, on a single computer, workstation, terminal, or other digital electronic device ("COMPUTER").
b) Reservation of Rights. All rights not expressly granted are reserved by OMNICOGNIC.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a) Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
b) Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.
c) Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of OMNICOGNIC.
d) Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
e) Support Services. OMNICOGNIC may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to OMNICOGNIC as part of the Support Services, OMNICOGNIC may use such information for its business purposes, including for product support and development. OMNICOGNIC will not utilize such technical information in a form that personally identifies you.
f) Software Transfer. The initial licensee of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, any upgrades, this EULA). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE PRODUCT.
g) Termination. Without prejudice to any other rights, OMNICOGNIC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, scripts and "applets" incorporated into the SOFTWARE PRODUCT), and any copies of the SOFTWARE PRODUCT are owned by OMNICOGNIC. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.
4. EXPORT RESTRICTIONS. The following terms apply: You are responsible for complying with all trade regulations and laws both foreign and domestic. For more information on the U.S. Export Administration Regulations (EAR), and the Bureau of Export Administration ("BXA"), please see the BXA homepage (http://www.bxa.doc.gov).
MISCELLANEOUS
If you acquired this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of California. If this SOFTWARE PRODUCT was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact OMNICOGNIC for any reason, please contact OMNICOGNIC at (http://www.omnicognic.com).
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall OMNICOGNIC be liable for any special, incidental, indirect, or consequential 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 of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if OMNICOGNIC has been advised of the possibility of such damages. In any case, OMNICOGNIC`s entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.