SOFTWARE LICENSE AGREEMENT
Important: Do not use the software accompanying this agreement (the "Software")
until you have carefully read the following License Agreement. Using this
software (or authorizing any other person to do so) indicates your acceptance
of the terms and conditions contained in this Agreement. If you do not agree
with the terms and conditions of this Agreement, do not continue to install
this software.
This Agreement sets forth the terms and conditions for licensing of the
software from EM-TNT Software (Licensor).
License and Certain Restrictions: You are granted a non-exclusive
license to use one copy of the Software only on a single computer. You are
encouraged to distribute the Software as long as all the accompanying materials
and the software itself are not modified in any way. The Software
(including any images, icons, graphics, animations, video, audio, music, and
text incorporated into the Software) is protected by copyright laws. The
Software may contain trade secrets, and in order to protect them, you are
prohibited from decompiling, reverse engineering, disassembling or otherwise
reducing the Software to human-perceivable form. You may not modify, adapt,
translate, rent, sublicense, assign, lease, loan, resell for profit, or
network the Software or related materials or create derivative works based upon
the Software or any part thereof.
No Warranty: EXCEPT AS EXPRESSLY PROVIDED FOR IN A SEPARATE WRITTEN
AGREEMENT BETWEEN EXTRAMILE AND YOU, THIS SOFTWARE IS PROVIDED "AS-IS" AND
WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR
OTHERWISE, REGARDING THE SOFTWARE AND RELATED MATERIALS, INCLUDING THEIR
FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR
THEIR NONINFRINGEMENT. THE LIABILITY OF LICENSOR UNDER THE WARRANTY SET FORTH
ABOVE SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT. SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE
LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH MAY
VARY FROM STATE TO STATE.
Certain Limitations: Licensor has no control over your use of the
Software. Licensor does not and cannot warrant the performance or results that
may be obtained by its use. Licensor does not represent, warrant, or guarantee
the accuracy and timeliness of the data contained in the Software and Licensor
shall have no liability of any kind whatsoever to you, or to any other party,
on account of any inaccuracies in or untimeliness of the data, or for any delay
in reporting such data contained in the Software. Various information in the
Software constantly changes, and the information in the Software is only as of
a particular date. Licensor does not warrant that the operation of the Software
will be uninterrupted or error free. Licensor is not responsible for problems
caused by accident, abuse, mishandling, alteration, or improper use. Licensor
does not warrant or guarantee the suitability of the Software or that it will
meet your requirements.
Limitation of Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, LICENSOR AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ITS
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN
IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
LICENSOR'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER
WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS PRODUCT. SOME STATES DO NOT
ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The limitations of damages set forth above fundamental elements of the bases of
the bargain between Licensor and you. Licensor would not be able to provide
this product on an economic basis without such limitations.
Miscellaneous: You acknowledge that, in providing you with the Software,
Licensor has relied upon your agreement to be bound by the terms of this
Agreement. You further acknowledge that you have read, understood, and agreed
to be bound by the terms of this Agreement, and hereby reaffirm your acceptance
of those terms. You further acknowledge that this Agreement constitutes the
complete statement of the agreement between you and Licensor, and that the
Agreement does not include any other prior or contemporaneous promises,
representations, or descriptions regarding the Software. This Agreement is not,
however, to limit any rights that Licensor may have under trade secret,
copyright, patent, or other laws that may be available to it. The agents,
employees, distributors, and dealers of Licensor are not authorized to make
modifications to this Agreement, or to make any additional representations,
commitments, or warranties binding on Licensor. Accordingly, additional
statements such as dealer or other advertising or presentations, whether oral
or written, do not constitute representations or warranties by Licensor and
should not be relied upon. This Agreement may be modified only in writing. If
any provision of this Agreement is invalid or unenforceable under applicable
law, it is to that extent, deemed omitted and the remaining provisions will
continue in full force and effect. The validity and performance of this
Agreement shall be governed by Romanian law (without reference to choice of law
principles), except as to copyright and trademark matters, which are covered by
international laws. This Agreement is deemed entered into in Iasi,Romania and
jurisdiction for resolution of any disputes shall reside solely in Iasi,
Romania.
This Agreement shall be construed as to its fair meaning and not strictly for
or against either party.