EULA - END USER LICENSING AGREEMENT
Last Updated: March 28, 2019
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENTCAREFULLY BEFORE USING ANY SOFTWARE FROM THIS SITE’
AS NO ONE CAN PREDICT THE CONFIGURTION OF ANY PHONE OR COMPUTER THAT THE SOFTWARE WILL BE INSTALLED ON. DOWNLOADING AND INSTALLING ANY SOFTWARE FROM THIS SITE OR PROVIDED BY THE SOFTWARE AUTHOR IS TOTALLY AT THE RISK OF THE PERSON DOWNLOADING, USING OR INSTALLING IT. NO WARRANTY IS GIVEN EITHER EXPRESS OR IMPLIED. THE SOFTWARE, PROGRAM, APP OR SYSTEMS ARE PROVIDED ON AN AS IS BASIS COMPLETELY AT USER RISK. WHILE ALL EFFORTS TO MAKE ANY APP COMPATIBLE WITH POTENTIAL USERS CONFIGURATION AND USE HAS BEEN MADE, THE DECISION TO USE IT IS COMPLETELY AT THE CONSIDERATION OF THE USER.
BEFORE DOWNLOADING OR INSTALLING ANY PROGRAM OFFERED ON THIS SITE OR AGENCIES OF THE DEVELOPER, PLEASE BE ADVISED THAT THE PROGRAM IS COPYRIGHTED). BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE,YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY ALL THE TERMS OFTHIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT REPRESENTS THEENTIRE AGREEMENT CONCERNING THE PROGRAM, BETWEEN YOU AND TEST LAB SOFTWARE, AND/OR ANY DISTRIBUTOR, RESELLER,
REPRESENTATIVE OR AGENT ON ITS BEHALF (“LICENSOR”), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, ORUNDERSTANDING BETWEEN THE PARTIES. You may print and keep a copy of this Agreement.
SECTION I - APPLICABLE TERMS WHEN GRANTED A LICENSE
Subject to the terms and conditions specified hereunder, and if you have been granted a license to use the Program, subject to payment of applicable license fees, Licensor hereby grants to you, and you accept, a nonexclusive license to use the Program in machine-readable, object code form only, and the accompanying documentation ("
") in the manner described in Section II below under "Extent of Grant."
Limitation of Warranty.
No warranty is offered. Any offer for compensation in any way is at the sole discretion of Test Lab Software and will be limited to the purchase price of the software or app only.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVEOTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
SECTION II -- TERMS APPLICABLE TO ALL GRANTS OF LICENSE
Extent of Grant
Program: The Program may not be used and installed on a number of computers exceeding the number of licenses granted. If you wish to install the Program on additional computers additional licenses must be purchased. Network: A license for the Program may not be shared. Neither concurrent use o ntwo or more computers, nor use in a local area network or other network is permitted without separate authorization and the payment of other license fees for each computer on which the Program is used or to which it is distributed .Back-up: Upon loading the Program into your computer, you may retain the Program Diskettes for backup purposes. In addition, you may make a single copy of the Program on a second set of diskettes (or on cassette tape) for the purpose of backup in the event the Program diskettes are damaged or destroyed. Any such copies of
the Program shall include Licensor’s copyright and other proprietary notices including
a copy of this End User License Agreement. Except as authorized under this paragraph, no copies of the Program or any portions thereof may be made by you or any person under your authority or control.Limitations: You may not: (i) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Program; (ii) place the Program onto a server so that it is accessible via a public network. Rental: You may not rent or lease the Program. Transfer: Other than explicitly permitted herein, you may not rent, lend or lease the Program. If the license granted if for a single computer, you may permanently transfer all of your rights under this Agreement only as part of a sale or transfer of your computer, provided you retain no copies, you transfer all of the Program and the Documentation, and, the recipient agrees to the terms of this Agreement. If the Program is an upgrade, any transfer must include all prior versions of the Program.
You acknowledge and agree that the Program and the Documentation, including any revisions, corrections, modifications, enhancements and/or upgrades thereto, are Test Lab Software’s property protected under copyright laws and treaties. You further acknowledge and agree that all right, title, and interest in and to the Program, including associated intellectual property rights (including, without limitation, copyrights, trade secrets, trademarks, etc.), evidenced by or embodied in and/or attached/connected/
property rights under any law.
You may not copy the Documentation. And please, be nice when providing feedback. Seriously, apps and programs take ages to make and no one wants anyone to rain on their parade after all the blood sweat and tears have been put into the project, so just be nice please?
Third Party Software
. If the Program contains any software provided by third parties, the restrictions contained in this Agreement shall apply to all such third party
software providers and third party software as if they were Licensor’s and the
Without prejudice to any other rights, Licensor may terminate this license upon the breach by you of any term hereof. Upon such termination byLicensor, you agree to destroy, or return to Licensor, the Program and theDocumentation and all copies and portions thereof.
Limitation of Liability.
Licensor’s cumulative liability to you or any other party for
any loss or damages resulting form any claims, demands, or actions arising out of orrelating to this Agreement shall not exceed the license fee paid to Licensor for theuse of the Program.UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS ORRESELLERS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FORANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OFANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OFGOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE ORMALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESSINFORMATION, DAMAGES FOR PERSONAL INJURY OR ANY AND ALL OTHERCOMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BELIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSORRECEIVED FROM YOU FOR A LICENSE TO THE PROGRAM, EVEN IFLICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCHDAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OFINCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION ANDEXCLUSION MAY NOT APPLY TO YOU.
None of the Program or underlying information or technology maybe downloaded or otherwise exported or re exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Program, you are agreeing to the fore going and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
If the copy of the Program you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Program. This Agreement represents the complete agreement concerning this license and maybe amended only by a writing executed by both parties. THE ACCEPTANCE OFANY PURCHASE ORDERPLACED BY YOU, IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TOTHE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASEORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed and governed in accordance with the laws of the modern world as of 2016 (except for conflict of