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ADVANCED FILE ORGANIZER LICENSE AGREEMENT
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER`S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
1. GRANT OF LICENSE
SoftPrime Development (the "COMPANY") grants to you a non-exclusive, non-transferable license to use the Advanced File Organizer (the "Software Program") for the term of this License Agreement. "You" means the company, entity or individual whose funds are used to pay the license fee. You may use the Software Program on any single computer and copy the Software Program for archival purposes only, provided the copy contains all of COMPANY`s proprietary notices. Registration key (recieving in registration process) is a part of Software Program. You may not permit other individuals to use the Software Program except pursuant to the terms and conditions herein, reverse assemble, decompile, modify or create derivative works based on the Software Program, copy the Software Program except as provided above, rent, lease, assign or otherwise transfer any rights with respect to the Software Program or remove any proprietary notices on such Software Program. You agree that pursuant to this Agreement, COMPANY may request certain information with respect to the Software Program and the performance of such Software Program.
You are granted an evaluation period of not more than 30 days, after which time you must pay for the Software Program according to the terms and prices discussed in the Software Program`s documentation, or you must remove the Software Program from your computer. By registering the Software Program it is understood that you have evaluated the Software Program thoroughly and have found it satisfactory for your needs.
COMPANY, AT ITS OPTION, MAY RELEASE, CANCEL, AND/OR MODIFY SUCH SOFTWARE PROGRAM.
The Software Program is owned and copyrighted by COMPANY. Your license confers no title or ownership in the Software Program and should not be construed as a sale of any right in the Software Program. You acknowledge that no title to the intellectual property in the Software Program is transferred to you. You further acknowledge that title and full ownership rights to the Software Program will remain the exclusive property of COMPANY and you will not acquire any rights to the Software Program except as expressly set forth in this license.
3. WARRANTY STATEMENT.
Software Program is provided on an AS-IS basis, without warranty of any kind, express or implied, including without limitation the warranties of merchantability and fitness for a particular purpose. Any and all risk as to the quality and/or performance of the Software Program shall be borne by you and you assume all costs with respect to any service or repair. Licensor provides reasonable requested service or repair at Licensor`s then prevailing prices, terms, and conditions. Any security mechanisms effected and/or implemented by the Software Program has inherent limitations and you agree that you shall determine if the Software Program sufficiently meets your requirements.
4. LIMITATION OF LIABILITY.
IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF COMPANY`S THEN CURRENT LIST PRICE FOR A LICENSE FOR SUCH SOFTWARE PROGRAM, EVEN IF COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR PERSONAL INJURY OR DEATH TO THE EXTENT PROVIDED BY APPLICABLE LAW. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
This License Agreement represents the entire and exclusive agreement between the parties and supersedes any and all prior agreements and communications with respect to the subject matter. The terms of this License Agreement shall apply notwithstanding any proposed variations or additions contained in any purchase order or other communication submitted by you. This License Agreement shall be governed by the laws of Russia.