Screen Pen distribution permissions and end-user license agreement
WEB ACCESS SOFTWARE LICENSE AGREEMENT
IMPORTANT - PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE PRESSING THE "NEXT" BUTTON BELOW. BY PRESSING "NEXT", YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PRESS "CANCEL" AND EXIT THE APPLICATION.
1. License. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (the "ScreenPen Software") are licensed to you by Web Access (India) Pvt. Ltd ("Web Access"). You own the media on which the ScreenPen Software is recorded but Web Access and/or Web Access`s licensor(s) retain title to the ScreenPen Software. The ScreenPen Software in this package or as downloaded is subject to this License.
2. Permitted Uses and Restrictions. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the ScreenPen Software in whole or part or transmit the ScreenPen Software over a network. The ScreenPen software is not intended for use in the operation of nuclear facilities, aircraft navigation or communication systems, or air traffic control machines in which case the failure of the ScreenPen software could lead to death, personal injury, or severe physical or environmental damage. Your rights under this License will terminate automatically without notice from Web Access if you fail to comply with any term(s) of this License. This software would run for a maximum of 15 days on an evaluation basis afterwards it will cease to work unless purchased and registered.
3. Disclaimer of Warranty on ScreenPen Software. You expressly acknowledge and agree that use of the ScreenPen Software is at your sole risk. The ScreenPen Software is provided "AS IS" and without warranty of any kind and Web Access and Web Access`s licensor(s) (for the purposes of provisions 3 and 4, Web Access and Web Access`s licensor(s) shall be collectively referred to as "Web Access") expressly disclaim all warranties and/or conditions, express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement of third party rights. Web Access does not warrant that the functions contained in the ScreenPen software will meet your requirements, or that the operation of the ScreenPen software will be uninterrupted or error-free, or that defects in the ScreenPen software will be corrected. Furthermore, Web Access does not warrant or make any representations regarding the use or the results of the use of the Web Access software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by Web Access or an Web Access authorised representative shall create a warranty or in any way increase the scope of this warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The terms of this disclaimer do not affect or prejudice the statutory rights of a consumer acquiring Web Access`s products otherwise than in the course of a business, neither do they limit or exclude any liability for death or personal injury caused by Web Access`s negligence.
4. Limitation of Liability. Under no circumstances, including negligence, shall Web Access be liable for any incidental, special, indirect or consequential damages arising out of or relating to this license. Some jurisdictions do not allow the limitation of incidental or consequential damages so this limitation may not apply to you.
5. Controlling Law and Severability. This License shall be governed by the laws of India and the State of Maharashtra. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
6. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the ScreenPen Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Web Access.
WEB ACCESS (INDIA) PVT. LTD.
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