This End-User License Agreement (“EULA”) is a legal agreement between you and Whitmark Development. By using the software you are about to install, you are agreeing to be bound by the terms of this License Agreement.
1. LICENSE GRANT. Whitmark Development grants you a license to use up to two copies of the version of this software on any one hardware product for as many licenses as you purchase. “You” means the company, entity or individual whose funds are used to pay the license fee. “Use” means storing, loading, installing, executing or displaying the software. If you install the software onto a multi-user platform or network, each and every individual user of the software must be licensed separately or be covered by a site license. You may not modify the software or disable any licensing or control features of the software except as an intended part of the software’s features. This license is not transferable to any other hardware product or other company, entity, or individual. Any use of the software which is illegal under international or local law is forbidden by this license. Any such action is the sole responsibility of the person committing the action.
2. OWNERSHIP. The software is owned and copyrighted by Whitmark Development. Your license confers no title or ownership in the software and should not be construed as a sale of any right in the software.
3. COPYRIGHT. The software is protected by international copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the software is transferred to you. You further acknowledge that title and full ownership rights to the software will remain the exclusive property of Whitmark Development and you will not acquire any rights to the software except as expressly set forth in this license.
4. RESTRICTIONS. You may not sublicense, rent, lease, resell for profit or otherwise dispose of the software without our written permission. You may not grant a security interest in, or otherwise transfer rights to the software. You may not remove any proprietary notices or labels on the software. Usage of the software may violate the copyright of the modified material.
It is your responsibility to respect all legal aspects.
5. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
6. DISCLAIMER OF WARRANTY. This software and the accompanying files are provided on an “As Is” basis and you assume full responsibility for determining the suitability of the software and for results obtained. Whitmark Development disclaims all warranties relating to this software, whether expressed or implied, including but not limited to any implied warranties of merchantability, free of defects, fitness for a particular purpose and non-infringement of third party rights. Neither Whitmark Development nor anyone else who has been involved in the creation production or delivery of this software shall be liable for any indirect, consequential, special or incidental damages (including, without limitations, damages for loss of business information, data loss or any other pecuniary loss) arising out of the use or inability to use such software, even if Whitmark Development has been advised of the possibility of such damages or claims. The person using the software bears all risk as to the quality and performance of the software. Should the software prove defective in any respect, you and not Whitmark Development or its suppliers assume the entire cost of any service and repair. Some jurisdictions do not allow limitation or exclusion of incidental or consequential damages, so the above limitations or exclusion may not apply to you to the extent that liability is by law incapable of exclusion or restriction. In no event shall any theory of liability exceed the license fee paid to Whitmark Development.
7. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity
of the remaining portions of this license.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Whitmark Development or its suppliers be liable to you for any consequential special or incidental or indirect damages of any kind arising out of the delivery, performance or use of the software, even if Whitmark Development has been advised of the possibility of such damages. In no event will Whitmark Development’s liability for any claim, whether in contract, tort or any other theory of liability, exceed the license fee paid by you, if any. Whitmark Development shall have no obligation to you with respect to any claim of infringement based upon your use of the software in combination, operation or otherwise with the data or materials not supplied by Whitmark Development.
9. TERMINATION. This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the software.
10. ENTIRE AGREEMENT. This is the entire agreement between you and Whitmark Development which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.
11. RESERVED RIGHTS. All rights not expressly granted here are reserved to Whitmark Development and/or the respective authors.
12. APPLICABLE LAW. If you acquired this Product in the United States, this EULA is governed by the laws of the State of Virginia.