IMPORTANT -- PLEASE READ CAREFULLY BEFORE USING THIS SOFTWARE PRODUCT: This End-User license Agreement ("EULA") is a contract between (a) you (either an individual or the entity you represent) and (b) Automai Corporation. ("AUTOMAI") that governs your use of the software product (“Software”).
RIGHTS IN THE SOFTWARE ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT ACCEPT THIS EULA, YOU MUST DESTROY ALL COPIES OF THE SOFTWARE AND ACCOMPANYING DOCUMENTATION WITHIN 1 DAY OF PURCHASE FOR A REFUND FROM AUTOMAI.
- LICENSE RIGHTS. You will have the following rights provided you comply with all terms and conditions of this EULA: a. Use. AUTOMAI grants you a license to Use one copy of the AUTOMAI Software. "Use" means installing, copying, storing, loading, executing, displaying, or otherwise using the AUTOMAI Software. You may not modify the AUTOMAI Software or disable any licensing or control feature of the AUTOMAI Software. Additional restrictions on Use may appear in the User Documentation. You may not separate component parts of the AUTOMAI Software for Use. You do not have the right to distribute the AUTOMAI Software. b. Copying. You may copy the AUTOMAI software for back-up and archival purposes, provided any copy contains all the original software’s proprietary notices.
- UPGRADES. To Use AUTOMAI Software provided by AUTOMAI as an upgrade, update, or supplement (collectively “Upgrade”), you must first be licensed for the original AUTOMAI Software identified by AUTOMAI as eligible for the Upgrade. To the extent the Upgrade supersedes the original AUTOMAI Software, you may no longer use such AUTOMAI Software. This EULA applies to each Upgrade unless AUTOMAI provides other terms with the Upgrade. In case of a conflict between this EULA and such other terms, the other terms will prevail.
- PROPRIETARY RIGHTS. All ownership and intellectual property rights in the Software and User Documentation are owned by AUTOMAI and/or its suppliers and are protected by law, including applicable copyright, trade secret, patent, and trademark laws. You will not remove any product identification, copyright notice, or proprietary restriction from the Software.
- LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the AUTOMAI Software, except and only to the extent that the right to do so is allowed under applicable law.
- LIMITATION OF LIABILITY. Under no circumstances shall AUTOMAI or its suppliers or resellers be liable to licensee or any other person for any special, incidental, indirect, or consequential damages, including damages for loss of goodwill, lost profits, work stoppage, business interruption, personal injury, computer failure, loss of privacy, or any and all commercial damages or losses, even if AUTOMAI or any supplier has been advised of the possibility of such damages. Further, in no event shall AUTOMAI’s liability under any provision of this agreement exceed the license fee paid to AUTOMAI. Some states or other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- U.S. GOVERNMENT RESTRICTED RIGHTS AND COMPLIANCE WITH EXPORT LAWS. This software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. You will comply with all laws, rules, and regulations (i) applicable to the export or import of the Software, or (ii) restricting the Use of the Software.
- RESERVATION OF RIGHTS. AUTOMAI and its suppliers reserve all rights not expressly granted to you in this EULA.