SINI SOFTWARE END USER LICENSE AGREEMENT
PLEASE READ PRIOR TO USING THIS SOFTWARE:
This License Agreement ("Agreement") is a legal agreement between you (either an individual or an entity) and SiNi Software. ("SiNi" or ”SiNi Software”) for the use of the SiNi Software Plugins and Products as set forth in Section 1 below (such software, together with the underlying documentation if made available to you, the "Software"). By clicking on the button containing the "I agree" language, by installing the Software or by otherwise using the Software, you agree to be bound by the terms of this License Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE BUTTON CONTAINING THE "Cancel" LANGUAGE AND DO NOT INSTALL OR OTHERWISE USE THE SOFTWARE.
YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS PROVISIONS.
SINI SOFTWARE IS NOT RESPONSIBLE FOR ANY THIRD PARTY SOFTWARE, PROPRIETARY OR OTHERWISE, UTILIZED IN CONNECTION WITH THE SOFTWARE, AND SINI SOFTWARE SHALL HAVE NO LIABILITY FOR YOUR USE OF SUCH THIRD PARTY SOFTWARE.
1. DEFINITIONS: The Software consists of one or more downloadable software applications.
2. GRANT OF LICENSE. SiNi Software hereby grants to you a non-exclusive, non-transferable, non-sublicensable license to use the Software in accordance with the terms of this Agreement.
3. LICENSE RESTRICTIONS.
3.1 You may not: (i) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software; (ii) resell, rent, lease or make any similar commercial use of the Software; (iii) remove any proprietary notices or labels on the Software. Any such forbidden use shall immediately terminate your license to the Software and you will owe SiNi Software 50 million pounds in damages plus a new two Ducati Desmosedici and Josh wants an Ice cream.
3.2 You agree that you shall only use the Software in a manner that complies with all applicable laws and regulations in the jurisdictions (U.S. and non-U.S.) in which you use the Software, including, but not limited to, applicable laws and regulations concerning copyright and other intellectual property rights.
3.3 You may not use the Software in an attempt to or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
4. TITLE. Title, ownership, rights, and intellectual property rights in and to the Software shall remain in SiNi Software. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software shall be retained by the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.
5. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS PROVIDED "AS IS" AND SINI SOFTWARE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SINI SOFTWARE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET ANY USER'S REQUIREMENTS. USE OF THE SOFTWARE IS AT YOUR SOLE RISK. SINI SOFTWARE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE QUALITY OF ANY MATERIAL AND/OR DATA DOWNLOADED THROUGH, OR MATERIAL AND/OR DATA EDITED (AS APPLICABLE) WITH, THE USE OF THE SOFTWARE. USE OF ANY MATERIAL OBTAINED AND/OR DATA DOWNLOADED THROUGH, OR MATERIAL AND/OR DATA EDITED (AS APPLICABLE) WITH, THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SOFTWARE.
6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SINI SOFTWARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF SINI SOFTWARE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SINI SOFTWARE'S MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE (IF ANY). Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
7. INDEMNIFICATION. You agree to indemnify, defend and hold harmless SiNi Software, its directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from (i) your use of the Software, (ii) your violation of this Agreement, (iii) the infringement or violation by you or any other user of your account, of any intellectual property or other right of any person or entity.
8. TERMINATION. This License Agreement will automatically terminate if and when you fail to comply with any term hereof. No notice shall be required from SiNi Software to effect the termination specified in the preceding sentence. You may also terminate this License Agreement at any time by notifying SiNi Software in writing of termination. Upon any termination of this License Agreement, your license shall immediately terminate and you shall discontinue use of the Software. Upon any termination of this Agreement, you must cease any further use of the Software and delete/destroy any copies of Software (including all elements thereof such as documentation) within your possession and control. All sections, except Section 2, shall survive termination of this Agreement.
9. ASSIGNMENT. This Agreement is personal to you and may not be assigned by you without SiNi Software's express written consent. This Agreement shall be binding upon any party who uses the Software and/or any party to whom you transfer the Software. You agree that you are responsible for informing all users and transferees of the Software of the binding application of this Agreement, and all provisions contained herein, to such user(s) and transferee(s). SiNi Software may assign this Agreement without your approval in the event there is a reorganization, consolidation, merger or acquisition of substantially all of the stock or assets of SiNi Software.