END USER LICENSE AGREEMENT FOR Gen3 Software, Inc. SOFTWARE PRODUCT(S)
Gen3 Software Product(s) For One (1)Device
NOTICE TO END USER:
This End User License Agreement (EULA) is a CONTRACT between you (either an individual or a single entity) and Gen3 Software, Inc. ("Gen3"), which covers your use of the Gen3 software product that accompanies this EULA and related software components, which may include associated media, printed materials, and "online" or electronic documentation. All such software and materials are referred to herein as the "Software Product." A software license, issued to a designated user only by Gen3 or its authorized agents, is required for each user of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product or the Software Product License. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing, or otherwise using the Software Product and/ or Software Product License, you are acknowledging and agreeing to be bound by the following terms:
1. GRANT OF NON-EXCLUSIVE LICENSE
(a) Software Product License. The Software Product License, which is issued to a designated user, enables such designated user to install and use the Software Product on a single Device. Each Device which uses the Software Product requires an additional Software Product License. You may not modify or create derivative copies of the Software Product or Software Product License.
(b) Grant of License. Subject to a validly issued Software Product License, Gen3 grants to you the non-exclusive, non-transferable right for you to use the Software Product on a single Device. You may not modify or create derivative copies of the Software Product. All rights not expressly granted to you are retained by Gen3.
(c) Backup Copy: Software Product. You may make copies of Software Product as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.
(d) Backup Copy: Software Product License. You may install each Software Product License on a single Device and make copies of the Software Product License as necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License.
2. INTELLECTUAL PROPERTY RIGHTS RESERVED BY Gen3
The Software Product is protected by U.S, CANADA, and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product copy is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of Gen3. Gen3 reserves all intellectual property rights, including copyrights, and trademark rights.
3. NO RIGHT TO TRANSFER
You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without Gen3's written approval and subject to written agreement by the recipient of the terms of this EULA. 4. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. SUPPORT SERVICES
Gen3 may provide you with support services related to the Software Product. Use of any such support services is governed by the Gen3 polices and programs described in "online" documentation and/or other Gen3-provided materials. Any supplemental software code or related materials that Gen3 provides to you as part of the support services is to be considered part of the Software Product and is subject to the terms and conditions of this EULA. With respect to any technical information you provide to Gen3 as part of the support services, Gen3 may use such information for its business purposes without restriction, including for product support and development. Gen3 will not use such technical information in a form that personally identifies you.
6. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS
Gen3 may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
7. REFUND POLICY
Please take time and evaluate the software using our online demo, trial or free versions. Before purchase, make sure that your device supports the software requirements. Refunds will not be given for reasons surrounding the user's lack of knowledge of the software's functionality, limitations, or restrictions, as we provided every opportunity to evaluate the software prior to purchase. If you have a question, please ask our staff before making your purchase. Refunds are NOT given for installation fees or other non-product labor costs.
8. TERMS OF SERVICE
(a) Use and support for this software are governed by the Gen3 Terms of Service as they may change from time to time, which are incorporated by reference in this EULA. You may view the Gen3 Terms of Service at www.gen3software.com/TOS
(a) We reserve the right to reference any website or company using the Software in our sales and marketing literature.
(b) We reserve the right to monitor compliance with this EULA and to restrict the use of the Software for non-compliance.
10. NO WARRANTIES YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS," AND GEN3 (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GEN3 (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
11. LIMITATION OF LIABILITY THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL GEN3 (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF GEN3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, GEN3'S (AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS') ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00; PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A GEN3 SUPPORT SERVICES AGREEMENT, GEN3'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
12. GOVERNING LAW; ENTIRE AGREEMENT