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USB MONITOR END USER LICENSE AGREEMENT ("AGREEMENT")
INSTALLATION OF USB MONITOR ("SOFTWARE") IS PROHIBITED UNTIL THE LICENSEE (“YOU”) OF THE SOFTWARE HAS READ AND ACCEPTED ALL TERMS OF THIS LICENSE AGREEMENT. BY CONTINUING AND COMPLETING THE INSTALLATION OF USB MONITOR YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL TERMS OF THIS LICENSE AGREEMENT AND ARE LEGALLY BOUND BY THIS AGREEMENT.
1. License
True Clarity Software, Inc. has agreed to license use of this Software to You, subject to all of the terms and conditions of this Agreement. The license granted to you by True Clarity Software, Inc. is a limited, non-exclusive, non-sub licensable, non-transferable, revocable license to install and use the Software, in machine-readable form only, and solely for Your own personal or internal business use on a single computer in accordance with the instructions, specifications and documentation provided with the Software. You are allowed the make a single copy of the Software with intent to backup the Software providing that all Software components, proprietary notices, and copyright information remains intact and unmodified. Upon termination of this license agreement or upon termination of use of the Software, You or an authorized agent nominated by You shall destroy all copies of the Software licensed to You as well as any and all copies.
2. Restrictions
You shall not allow use of or access to the Software by any persons other than You, Your employees, or agents. Any use of the Software must follow the terms, restrictions, and conditions listed in this Agreement. You may not disassemble, decompile, reverse engineer, change, create derivative works of, translate, reproduce, or copy the Software by any means except means allowed under the terms of this Agreement. You may not engage in any acts which infringe upon the rights or intellectual property rights of True Clarity Software, Inc. You may not license, give, lease, sublicense, distribute, transfer, disassemble, or publish the Software in any form.
3. Copyrights and Trademarks
The Software and each of its components that have been developed by True Clarity Software, Inc. including the source code, documentation, appearance, structure and organization are copyrighted by True Clarity Software, Inc. and are protected under copyright and other laws. Title to the Software and any component, or to any copy, modification, or merged portion shall remain with the aforementioned, subject to the applicable license. The Software trademark is a trademark of True Clarity Software, Inc. The Software and all rights, without limitation including proprietary rights therein, are owned by True Clarity Software, Inc. and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software. You shall indemnify True Clarity Software, Inc. fully against all liabilities, costs and expenses which True Clarity Software, Inc. may incur to a third party as a result of Your breach of the copyright and trademark provisions of this Agreement. You shall not during or at any time after the expiry or termination of this License permit any act which infringes the trademarks used in connection with the Software.
4. No waiver or Assignment
Any failure to take action or delay in taking actions under this license shall constitute a waiver unless expressively waived in writing, signed by an authorized agent of True Clarity Software, Inc. No single waiver will constitute a continuing or subsequent waiver. The benefit of this Agreement shall not be dealt with in any way by You, whether by assignment, sub-licensing or otherwise, without written consent from True Clarity Software, Inc.
5. Governing Law
This license shall be governed by and construed according to the laws in force in the State of California in the United States. If any provision of this Agreement is held to be unenforceable, the remainder of the Agreement shall not be affected, and the unenforceable provision shall be reformed to the extent necessary to make the provision enforceable. This Agreement is the complete and exclusive statement of the Agreement between us which supersedes any proposal or prior Agreement, oral or written, and any other communications between You and True Clarity Software, Inc. in relation to the subject matter of this Agreement.
6. U. S. Government Users
The Software is a "commercial item" as defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein.
7. Export Law
The Software is subject to U.S. export control laws and may be subject to international export or import laws. You agree to strictly comply with all said laws and agree that You have the responsibility to obtain such licenses to export, re-export or import as may be required.
8. Connectivity & Privacy
This Software requires a reliable and constant Internet connection in order to connect to True Clarity Software, Inc.`s servers for the purpose of authentication. This connection to the internet shall be the sole responsibility of the end user to maintain.
9. Termination of Use
In the event that True Clarity Software, Inc. suspects fraud, hacking, or software theft, True Clarity Software, Inc. may terminate an end user`s right to access our server(s) and render the software ineffective. Any and all terminations arising out of such reasons are not eligible for a refund. True Clarity Software, Inc. shall be the sole judge as to what is considered fraudulent. If True Clarity Software, Inc. discontinues service no refunds will be issued.
10. Unavailable Service
True Clarity Software, Inc. offers no warranty or guarantee for the uptime, function, or connection to any and all server(s) that the Software must connect to. The inability of the Software to connect to or any downtime associated with the servers of True Clarity Software, Inc. does not entitle You to compensation or refund. True Clarity Software, Inc. is not responsible for losses occurred as the result of aforementioned downtime. True Clarity Software, Inc., at any time, reserves the right to discontinue service without cause for refund or software updates.
11. Disclaimer of Warranty
The Software is provided "AS IS" and "WITH ALL FAULTS," without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. True Clarity Software, Inc. makes no warranty that the Software is free of defects or is suitable for any particular purpose. In no event shall True Clarity Software, Inc. be responsible for loss or damages arising from the installation or use of the Software, including but not limited to any indirect, punitive, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. The entire risk as to the quality and performance of the Software is borne by You. Should the Software prove defective, You and not True Clarity Software, Inc. assume the entire cost of any service and repair.
12. Limitation of Liability
In no event shall True Clarity Software, Inc. be liable to You for any damages because of or related to incidental, consequential, indirect, or special damages of any kind arising out of or in part from the performance, delivery, or use of the Software even if True Clarity Software, Inc. has been made aware of the possibility of such damages. In any and all events the liability of True Clarity Software, Inc. for any claim, whether in contract, tort, or any other theory of liability will not exceed the license fee paid by You. True Clarity Software, Inc. disclaims any liability resulting from changes, errors, or omissions in the software.
This Software is protected by United States Copyright Law and international treaties. Any distribution or reproduction without the expressed written consent of True Clarity Software, Inc. is prohibited and subject to civil and/or criminal penalties.
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Copyright (c) 2010, True Clarity Software, Inc.
http://www.trueclaritysoftware.com