END-USER LICENSE AGREEMENT FOR Xyzo OCTogon
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IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Xyzo Softwares's End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Xyzo Software. for the Xyzo Software software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("Xyzo OCTogon"). By installing, copying, or otherwise using the Xyzo OCTogon, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Xyzo Software, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the Xyzo OCTogon.
The Xyzo OCTogon is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Xyzo OCTogon is licensed, not sold.
1. GRANT OF LICENSE.
The Xyzo OCTogon is licensed as follows:
(a) Installation and Use.
Xyzo Software grants you the right to install and use copies of the Xyzo OCTogon on your computer running a validly licensed copy of the operating system for which the Xyzo OCTogon was designed [e.g., Windows 95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME, Windows Vista, Windows 7].
(b) Backup Copies.
You may also make copies of the Xyzo OCTogon as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the Xyzo OCTogon.
(b) Distribution.
You may not distribute registered copies of the Xyzo OCTogon to third parties. Evaluation versions available for download from Xyzo Software's websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the Xyzo OCTogon, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the Xyzo OCTogon.
(e) Support Services.
Xyzo Software may provide you with support services related to the Xyzo OCTogon ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Xyzo OCTogon and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the Xyzo OCTogon.
3. TERMINATION
Without prejudice to any other rights, Xyzo Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Xyzo OCTogon in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the Xyzo OCTogon and any copies thereof are owned by Xyzo Software or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Xyzo OCTogon is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Xyzo Software.
5. NO WARRANTIES
Xyzo Software expressly disclaims any warranty for the Xyzo OCTogon. The Xyzo OCTogon is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Xyzo Software does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Xyzo OCTogon. Xyzo Software makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Xyzo Software further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Xyzo Software be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the Xyzo OCTogon, even if Xyzo Software has been advised of the possibility of such damages. In no event will Xyzo Software be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Xyzo Software shall have no liability with respect to the content of the Xyzo OCTogon or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.