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IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT
This PRODUCT is protected by intellectual property laws and treaties. This PRODUCT is licensed, not sold.
End User License Agreement
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Digital Trowel Ltd. with regard to the copyrighted product (herein referred to as "PRODUCT") provided with this EULA. The PRODUCT includes computer software, the associated media, any printed materials, and any "online" or electronic documentation. Use of any software and related documentation ("SOFTWARE") provided to you by Digital Trowel Ltd. in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by Digital Trowel Ltd., in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the PRODUCT. By installing, copying or otherwise using the PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Digital Trowel Ltd. is unwilling to license the PRODUCT to you.
1. Eligible Licensees. This PRODUCT is available for license solely to the Licensee, with no right of duplication or further distribution, licensing, or sub-licensing. IF YOU DO NOT LICENSE THE PRODUCT, THEN DO NOT DOWNLOAD, INSTALL, COPY OR USE THE PRODUCT.
2. License Grant. Digital Trowel Ltd. grants you a personal, non-transferable and non-exclusive right to use the PRODUCT provided with this EULA. You agree you will not copy the PRODUCT except as necessary to use it on a single computer. You agree that you may not copy the written materials accompanying the PRODUCT. Modifying, translating, renting, copying, transferring or assigning all or part of the PRODUCT, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the PRODUCT is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the PRODUCT. You may not transfer this PRODUCT.
3. Copyright. The PRODUCT is licensed, not sold. You acknowledge that no title to the intellectual property in the PRODUCT is transferred to you. You further acknowledge that title and full ownership rights to the PRODUCT will remain the exclusive property of Digital Trowel Ltd. and you will not acquire any rights to the PRODUCT, except as expressly set forth above. All copies of the PRODUCT will contain the same proprietary notices as contained in or on the PRODUCT. All title and copyrights in and to the PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets", incorporated into the PRODUCT), the accompanying printed materials, and any copies of the PRODUCT, are owned by Digital Trowel Ltd. The PRODUCT is protected by copyrights laws and international treaty provisions. You may not copy the printed materials accompanying the PRODUCT.
4. Reverse Engineering. You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the PRODUCT in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to Digital Trowel Ltd.
5. Disclaimer of Warranty. The PRODUCT is provided "AS IS" without warrant of any kind. Digital Trowel Ltd. disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. Digital Trowel Ltd. does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the PRODUCT. The entire risk as to the quality and performance of the SOFTWARE is with you. Digital Trowel Ltd. IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE PRODUCT.
6. Limitation of Liability. Digital Trowel Ltd. entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the PRODUCT, if any. In no event shall Digital Trowel Ltd. be liable to you for any kind arising out of the use or inability to use the PRODUCT, even if Digital Trowel Ltd. has been advised of any claim by a third party.
7. Rental. You may not loan, rent, or lease the PRODUCT.
8. Upgrades. If the PRODUCT is an upgrade from an earlier release or previously released version, you now may use that upgrade product only in accordance with this EULA.
9. Product Support. Product support for the SOFTWARE is provided by Digital Trowel Ltd. For product support, please call Digital Trowel Ltd. Should you have any questions concerning this, please refer to the address provided in the documentation.
10. No Liability for Consequential Damages. In no event shall Digital Trowel Ltd. be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this PRODUCT, even if Digital Trowel Ltd. has been advised of the possibility of such damages.
11. Indemnification By You. If you distribute the SOFTWARE in violation of this Agreement, you agree to indemnify, hold harmless and defend Digital Trowel Ltd. from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the PRODUCT in violation of this Agreement.
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