NOTICE: READ THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. IT CONTAINS RESTRICTIONS, DISCLAIMERS AND LEGAL OBLIGATIONS TO WHICH THE LICENSEE ("YOU") AGREES BY DOWNLOADING AND OR OTHERWISE USING THE SOFTWARE AND ANY RELATED
MATERIALS ("SOFTWARE") IN WHATEVER FORM THEY MAY BE TRANSMITTED.
IF YOU DO NOT AGREE WITH ONE OR MORE OF THE TERMS IN THIS AGREEMENT, DO NOT DOWNLOAD THE SOFTWARE AND CONTACT YOUR VIRTIUM REPRESENTATIVE.
YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT IF YOU DOWNLOAD THE SOFTWARE.
Virtium grants to you a nontransferable, nonexclusive license to use and make one (1) backup copy of the Software subject to the terms and limitations of this Agreement. Your limited right to use the Software does not include the right to modify, adapt,
decompile, reverse engineer, or otherwise translate or transfer the Software in whole or in part. You may not use, copy, modify or transfer the Software in contravention of any part of this Agreement.
THE SOFTWARE IS LICENSED TO YOU BUT NOT SOLD. NO EXPRESS OR IMPLIED TRANSFER OF OWNERSHIP OF ANY KIND OR DEGREE IS INTENDED OR EFFECTUATED BY THIS AGREEMENT. The Software (including any and all associated proprietary rights) is at the time you receive
it, and at all times during your use, the sole and exclusive property of Virtium.
TERMINATION. This Agreement is effective from the date on which you download the Software. You may terminate this Agreement at any time by destroying the Software and all copies and all information related to Software in any form. It will also terminate
automatically and without notice to you if you fail to comply with any term or condition of, or exceed the rights granted by, this Agreement.
DUTY TO PROTECT.
You agree to use your best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy or disclosure, by any method in any form, in whole or in part,
shall be transferred or made.
You shall maintain all copyright or other proprietary notices on all copies of the Software in any form, in whole or in part.
THE SOFTWARE IS LICENSED "AS IS." VIRTIUM MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE LICENSED MATERIALS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND
ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID.
YOU AGREE NOT TO USE THE LICENSED SOFTWARE IN ANY SITUATION WHERE SIGNFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY OR BUSINESS COULD OCCUR FROM A SOFTWARE ERROR.
YOU ASSUME ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE LICENSED MATERIALS. IN NO EVENT WILL VIRTIUM BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR
INABILITY TO USE THE SOFTWARE.
Some states and or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to you.
UNDER NO CIRCUMSTANCES WILL VIRTIUM'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE COST TO REPLACE THE SOFTWARE ITSELF.
SEVERABILITY. The provisions of this Agreement are severable and should any provision or portion of a provision be deemed invalid, then only that provision or part thereof shall fail and the remainder of this Agreement shall be in full force and effect.
CHOICE OF LAW. This agreement is governed by and construed in accordance with the laws of the State of California. Any suit brought with respect to this Agreement shall be brought only in the state courts of Orange County, California, or in the federal
courts situated in the Central District of California.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the same subject matter, and all prior agreements, representations, statements and undertakings are hereby expressly cancelled.