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End User License Agreement (EULA) for PC Chaperone
BY SELECTING THE "I ACCEPT...' OPTION, OR INSTALLING OR USING PC CHAPERONE SOFTWARE (THE "PRODUCT"),
THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS
BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, THE OPTION INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT INSTALL
OR USE THE SOFTWARE.
DEFINITIONS:
1. The "PRODUCT" is defined as the software (PC Chaperone and all related documentation)
2 The “LICENSOR” is defined as the provider of the software, in this case Precipice Software
3. The “LICENSEE” is defined as an individual or entity using the PRODUCT
PC CHAPERONE LICENSE AGREEMENT
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1. LICENSE GRANT. LICENSOR grants LICENSEE a non-exclusive and non-transferable license to install
the PRODUCT on one computer. The LICENSEE may transfer the PRODUCT to another computer,
provided that the PRODUCT is first removed from the original computer. At no time shall the PRODUCT
be installed on more than one computer at one time unless a separate license is purchased for
each computer.
2. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the PRODUCT
shall remain with the LICENSOR. LICENSEE acknowledges such ownership and intellectual property
rights and will not take any action to jeopardize, limit or interfere in any manner with LICENSOR
ownership of or rights with respect to the PRODUCT. The PRODUCT is protected by copyright and
other intellectual property laws and by international treaties. Title and related rights in the
content accessed through the PRODUCT is the property of the applicable content owner and is
protected by applicable law. The license granted under this Agreement gives LICENSEE no rights
to such content.
3. The LICENSEE may not modify, translate, reverse engineer, decompile, or disassemble
(except and solely to the extent an applicable statute expressly and specifically prohibits such
restrictions) the PRODUCT, in whole or in part.
4. The LICENSEE may not rent, lease, grant a security interest in, or otherwise transfer
rights to the PRODUCT or remove any proprietary notices or labels on the PRODUCT.
5. TERMINATION. Without prejudice to any other rights, LICENSOR may terminate this Agreement
if LICENSEE breaches any of its terms and conditions. Upon termination, LICENSEE shall destroy
all copies of the PRODUCT.
6. All persons or entities wishing to review and evaluate the PRODUCT for the purposes of making
the resulting conclusions available to the general public may do so only if prior permission
is secured from the LICENSOR. This includes, but is not limited to, reviews and evaluations that
will be transmitted via print media, radio, TV, and Internet. LICENSOR retains the right to deny
such permission to any individual or entity with or without any stated reason. LICENSEE ‘s failure
to comply with this condition will be considered a violation of the license agreement. LICENSEE,
who will have agreed to the terms of the license agreement by installing the PRODUCT, agrees that
LICENSEE will be liable for any damages to reputation resulting from any violation of this
condition to LICENSOR, and that such liability will not be limited to direct or indirect financial
loss.
7. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT
LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY
LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS
SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY
MECHANISMS IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT
THE PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS. THE LICENSOR ALSO MAKES NO GUARANTEE THE PRODUCT
WILL NOT ADVERSLY AFFECT ANY COMPUTER IT IS INSTALLED ON, OR ANY SOFTWARE, EITHER SUPPLIED BY THE
LICENSOR OR ANOTHER PARTY, THAT IS A ALSO INSTALLED ON THE COMPUTER. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.
8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF,
AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM
IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL
NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR
SUPPORT OF THE PRODUCT RECEIVED BY LICENSOR UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE
EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE
LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
MAY NOT BE APPLICABLE.
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