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ESTRONGS CORPORATION END USER SOFTWARE AGREEMENT IMPORTANT: READ CAREFULLY BEFORE INSTALLING, DOWNLOADING OR USING THE SOFTWARE This Software Agreement ("Agreement") is between You (either an individual or an entity), the End User, and EStrongs Corporation ("EStrongs"). The Agreement authorizes you to use the Software specified in Clause 1 below, which may be stored on a CD-ROM, sent to You by electronic mail, downloaded from EStrongs’ Web pages or Servers or from other sources under the terms and conditions set forth below. This is an agreement on end user rights and not an agreement for sale. EStrongs continues to own the copy of the Software and the physical media contained in the sales package and any other copy that You are authorised to make pursuant to this Agreement. Read this Agreement carefully before installing, downloading or using the Software. By clicking on the "I Accept" button while installing, downloading and/or using the Software, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, promptly click on the "Decline" or "I Do Not Accept" button, cancel the installation or downloading, or destroy or return the Software and accompanying documentation to EStrongs. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, 1. SOFTWARE. 2. END USER RIGHTS AND USE. 3. LIMITATIONS ON END USER RIGHTS. (a) You may make one copy of the Software on magnetic media as an archival backup copy, provided Your archival backup copy is not installed or used on any computer. Any other copies You make of the Software are in violation of this Agreement. (b) You may not use, modify, translate, reproduce or transfer the right to use the Software or copy the Software except as expressly provided in this Agreement. (c) You may not resell, sublicense, rent, lease or lend the Software. (d) You may not reverse engineer, reverse compile, disassemble or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software. (e) Unless stated otherwise in the Documentation, You shall not display, modify, reproduce and distribute any of the Stock Files included with the Software. In the event that the Documentation allows You to display the Stock Files, You shall not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. You should review the "Read-Me" files associated with the Stock Files that You use to ascertain what rights You have with respect to such materials. Stock Files may not be used in the production of libelous, defamatory, fraudulent,infringing, lewd, obscene or pornographic material or in any otherwise illegal manner. You may not register or claim any rights in the Stock Files or derivative works thereof. (f) You agree that You shall only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. 4. COPYRIGHT. 5. COMMENCEMENT & TERMINATION. 6. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER EStrongs, ITS LICENSORS OR AFFILIATES NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY EStrongs OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT. 7. NO OTHER OBLIGATIONS. 8. TECHNICAL SUPPORT. 9. APPLICABLE LAW & GENERAL PROVISIONS. This is the entire agreement between EStrongs and You relating to the Software and it supersedes any prior representations, discussions, undertakings, end user agreements, communications or advertising relating to the Software. |




Terms of Use