Viyya Free Edition distribution permissions and end-user license agreement

END USER LICENSE AGREEMENT (EULA)

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY CLICKING THE [ENTER] OR [ACCEPTED] ICON BELOW, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE APPLICATION, AND EXIT NOW.

1. License. The software accompanying this License (hereinafter "Software"), regardless of the media on which it is distributed, are licensed to you by VIYYA TECHNOLOGIES, INC. ("VENDOR"). You own the medium on which the Software is recorded, distributed, published or otherwise disseminated but VENDOR and VENDOR`s Licensors (referred to collectively as "VENDOR") retain title to the Software and related documentation. You may:


• use the Software on a single computer

• make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such copy the VENDOR`s copyright notice and any other proprietary legends that were on the original copy of the Software.
• transfer all your license rights in the Software, the backup copy of the Software, the related documentation and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License.

2. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not:



• decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form
• modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part
• electronically transmit the Software from one computer to another or over a network.

3. Term; Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation and all copies thereof. The term of this License is for a period of fourteen (14) days on a trial fee basis. Afterwards, this License will terminate immediately without notice from VENDOR at the earlier of said 14 day period or upon your failure to comply with any provision of this License. Upon termination you must destroy the Software, related documentation and all copies thereof. Alternatively, you may purchase a monthly or annual subscription by registering on-line by following the credit/charge card payment instructions.

4. Renewal of your On-Line Subscription. Once you have purchased a monthly subscription, your VIYYA On-Line Service subscription will automatically renew unless you cancel your subscription. The renewal rates will be the current published rates for the term of your VIYYA On-Line Services subscription. For annual subscriptions, you will be sent a reminder email at least two weeks before your VIYYA On-Line subscription expires. If you do not wish to renew your VIYAA On-Line Services subscription, click on the link in the reminder email and follow the instructions. Alternatively, you can contact us at CustomerSupport@Viyya.com. We do not send monthly reminders for monthly subscriptions.

5. Canceling your VIYYA On-Line Service subscription. You any cancel your VIYYA On-Line Service Subscription at any time. Fees paid for any subscription term are not refundable in whole or in part. When you cancel, your access to VIYYA continues until the end of your current paid-up period, upon which such time, you shall have no further rights to use VIYYA or its services.

6. Export Law Assurance. You agree and certify that neither the Software nor any other technical data received from VENDOR, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not reexport the Software nor any other technical data received from VENDOR, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.

7. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees:

(i) if the Software is supplied to the Department of Defense (DoD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and

(ii) if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government`s rights in the Software and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.

8. Limited Warranty on Media. VENDOR warrants the tangible media on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase. VENDOR`s entire liability and your exclusive remedy will be replacement of the media not meeting VENDOR`s limited warranty and which is returned to VENDOR or an VENDOR authorized representative with a copy of the receipt. VENDOR will have no responsibility to replace an media damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE TANGIBLE MEDIA, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

9. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind and VENDOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VENDOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, VENDOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VENDOR OR VENDOR`S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT VENDOR OR VENDOR`S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

10. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL VENDOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF VENDOR OR VENDOR`S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall VENDOR`s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.

11. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of New Jersey, as applied to agreements entered into and to be performed entirely within New Jersey between New Jersey residents. If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.

12. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of VENDOR.

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