License and Warranty

 

 

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License Agreement

 

 

END USER LICENSE AGREEMENT (EULA)

 

 

Software License Agreement for all versions of Samarium

 

 

IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON THE 'ACCEPT' BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT ('AGREEMENT') REGARDING YOUR USE OF THE SOFTWARE.  IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE 'CANCEL' BUTTON. THIS WILL CANCEL THE INSTALLATION.

 

 

 

1. GRANT OF LICENSE:

 

Subject to the terms below, Vita Technology hereby grants you a non-exclusive, non-transferable license to install and to use Samarium ('Software').

 

Under this license, you may:

 

(i) install and use the Software on a single computer for your personal, internal use;

(ii) copy the Software for back-up or archival purposes;

(iii) You may not distribute the software to others without first obtaining the required licenses, where applicable.

Whether you are licensing the Software as an individual or on behalf of an entity, you may not:

(i) reverse engineer, de-compile, or disassemble the Software or attempt to discover the source code;

(ii) modify, or create derivative works based upon, the Software in whole or in part without the express written consent of Vita Technology;

(iii) distribute copies of the Software;

(iv) remove any proprietary notices or labels on the Software;

(v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software;

(vi) attempt to bypass the time stamps during which the Software is meant to function.

Any such unauthorized use shall result in immediate and automatic termination of this Agreement.

 

 

2. TITLE:

 

You acknowledge that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain that of Vita Technology. Copyright and patent laws of India and international treaties protect this Software.

 

 

Warranty

 

 

3. DISCLAIMER OF WARRANTY:

 

YOU AGREE THAT VITA TECHNOLOGY HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND.  VITA TECHNOLOGY  DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. YOUR RIGHTS MAY VARY DEPENDING ON WHERE YOU LIVE AND WHERE THE SOFTWARE IS USED.

 

VITA TECHNOLOGY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT.

 

 

4. LIMITATION OF LIABILITY:

 

You use this program solely at your own risk.

 

IN NO EVENT SHALL VITA TECHNOLOGY BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF VITA TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VITA TECHNOLOGY BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY. The Licensee or authorized end user must assume the entire risk of using the Software and all consequences.

 

 

5. TERMINATION:

 

This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required to effectuate such termination. Upon termination, you must remove and destroy all copies of the Software.

 

 

6. MISCELLANEOUS:

 

Severability.

In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.

 

Export.

You agree that you will not export or re-export the Software outside of the jurisdiction granted in the license.

 

Governing Law.

The laws of the Republic of India will govern this Agreement as they are applied to agreements between India residents entered into and to be performed entirely within India. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

 

Entire Agreement.

You agree that this is the entire agreement between you and Vita Technology, which supersedes any prior agreement, whether written, or oral, and all other communications between Vita Technology and you relating to the subject matter of this Agreement.

 

Reservation of Rights.

Vita Technology reserves all rights not expressly granted in this Agreement.