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SOFTWARE LICENSE AGREEMENT
ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAINS LIMITATIONS AND/OR REMEDIES. THIS LICENSE IS GRANTED BY 2THYNK, L.L.C. FOR PRODUCTS PURCHASED.
A. LICENSE: 2THYNK, L.L.C. provides you with software containing a computer program (the .Program.) which may also include .online. or electronic documentation. License (the .License.), and other printed materials (together called the .Product.) and grants you a license to use the Product in accordance with the terms of this License. The copyright and all other rights to the Product shall remain the sole and exclusive property of 2THYNK, L.L.C. or its suppliers. You may not reproduce or copy the Product.
B. YOU MAY: 1. Install and use one copy of the Product on a Personal Digital Assistant (hereinafter referred to as .PDA.). This copy is to be used by only a single user at a time. If you wish to use the Product for more users, you will need an additional license for each user.
2. Make one copy of the Product for archive or backup purposes.
3. If the Product is an upgrade from another product, whether from 2THYNK, L.L.C. or another supplier, you may use or transfer the Product only in conjunction with that upgraded product, unless you destroy the upgraded product. If the Product is an upgrade of a 2THYNK, L.L.C. product, you now may use that upgraded product only in accordance with this License.
C. YOU MAY NOT: 1. Use the Product or make copies of the software.
2. Translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is expressly prohibited by applicable law.
3. Rent, lease, assign or transfer the Product, or email the Product to any other person or entity..
4. Modify the Product or merge all or any part of the Product with another program.
D. TERM: This License shall continue for as long as you use the Product. However, it will terminate if you fail to comply with any of its terms or conditions. You must agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
E. WARRANTY: WE WARRANT THAT THE SOFTWARE IN THIS PRODUCT WILL BE FREE FROM DEFECT IN MATERIALS AND WORKMANSHIP FOR 90 DAYS FROM THE DATE YOU ACQUIRE IT.
F. LIMITATION OF WARRANTIES AND LIABILITY: EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE PRODUCT IS PROVIDED ON AN .AS IS. BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
G. GENERAL: This License is the entire agreement and superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the United States for product purchased If any provision of the License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English. Les parties aux presentes ont exile que cette entente et tous aautres documents envisages per les presentes soient rediges en anglais.
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