End User License Agreement
I. Notice to Users
Carefully read the following legal agreement. Use of the software provided with this agreement (the "SOFTWARE") constitutes your acceptance of these terms. If you do not agree to the terms of this agreement, do not install and/or use this software. User's use of this software is conditioned upon compliance by user with the terms of this agreement.
II. License Grant
Able Apples grants you a license to use one copy 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. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. 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 programming features. This license is not transferable to any other company, entity, or individual. You may not publish any registration information (serial numbers, registration keys, etc.) or pass it to any other company, entity, or individual.
The SOFTWARE is owned and copyrighted by Able Apples. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
The SOFTWARE is protected by United States 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 Able Apples and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices, which appear on and in the SOFTWARE.
V. License and Distrubution
An unregistered copy of the SOFTWARE ("UNREGISTERED SOFTWARE") may be used by you for evaluation purposes. The UNREGISTERED SOFTWARE may be freely copied and distributed to other users for their evaluation. If you offer this UNREGISTERED SOFTWARE installation package for download, then you agree to:
a) replace existing version of the UNREGISTERED SOFTWARE installation package with the new package immediately after a new version of the SOFTWARE is released by Able Apples, or
b) delete an obsolete version of the UNREGISTERED SOFTWARE installation package immediately upon written email notice by Able Apples.
A registered copy of the SOFTWARE ("REGISTERED SOFTWARE") allows you to use the SOFTWARE only on a single computer, and only by a single user at a time. If you wish to use the SOFTWARE for more than one user, you will need a separate license for each individual user. You are allowed to make one copy of the REGISTERED SOFTWARE for back-up purposes.
VI. Unauthorised Use
You may not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the SOFTWARE except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license.
VII. No Other Warranties
Able Apples does not warrant that the SOFTWARE is error free. Able Apples disclaims all other warranties with respect to the SOFTWARE, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement of third party rights. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.
VIII. Limited Warranty
This SOFTWARE is provided on an "AS IS" basis. Able Apples disclaims all warranties relating to this SOFTWARE, whether expressed or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. Neither Able Apples nor anyone else who has been involved in the creation, production, or delivery of this SOFTWARE shall be liable for any indirect, consequential, or incidental damages arising out of the use or inability to use such SOFTWARE, even if Able Apples 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.
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 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.
X. No Liability for Consequential Damages
In no event shall Able Apples or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of the SOFTWARE, even if Able Apples has been advised of the possibility of such damages. In no event will Able Apples's liability for any claim, whether in contract, tort or any other theory of liability, exceed the license fee paid by you, if any.
XI. Entire Agreement
This is the entire agreement between you and Able Apples, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.
XII. Reserved Rights
All rights not expressly granted here are reserved to Able Apples.
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