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Disclaimer
VARGUS LTD.
End-User License Agreement for ''VARGUS GENius'' Software (The 'Software')
THIS AGREEMENT IS A LEGAL DOCUMENT; IT PROVIDES A NONEXCLUSIVE NONTRANSFERABLE LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. READ IT CAREFULLY BEFORE CLICKING THE 'CONTINUE' BUTTON. BY DOWNLOADING INSTALLING AND USING THE SOFTWARE AND/OR BY USING THE SOFTWARE ON-LINE YOU ARE ACCEPTING THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.
1. Definitions
Software' means the software programs supplied by Vargus herewith and any and all updates thereto.
2. License
This Agreement allows you to: Use the Software on multiple computers and/or networks.
3. Restrictions
You may not rent lease or sublicense the Software. You may not decompile reverse engineer disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify the Software or create derivative works based upon the Software.
4. Ownership
This license gives you limited rights to use the software. You do not own and Vargus retains ownership of the Software and all copies of it. All rights not specifically granted in this Agreement including Federal and International copyrights are reserved by Vargus.
5. Responsibility for selection and use of the software:
You are responsible for the supervision management and control of the use of the software including but not limited to: (1) selection of the software to achieve your intended results; (2) determining the appropriate uses of the software and the output in your business; (3) establishing adequate independent procedures for testing the accuracy of the software and any output; and (4) establishing adequate backup to prevent the loss of data in the event of a software malfunction.
6. Disclaimer of Warranties Support
The software is provided to you on an 'AS IS' basis without warranty of any kind from Vargus including without limitation a warranty of merchantability fitness for a particular purpose or non-infringement.
7. Limitations of Damages
VARGUS SHALL NOT BE LIABLE FOR ANY INDIRECT SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS LOSS OF PROFITS OR THE LIKE) WHETHER BASED ON BREACH OF CONTRACT TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR OTHERWISE EVEN IF VARGUS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation of liability and the exclusive remedy herein are fundamental elements of the agreement between Vargus and you. You agree that Vargus would not be able to provide the Software on an economic basis without such limitations.
8. Jurisdiction:
The law of the country in which Vargus has its head office shall apply to the present agreement. Place of jurisdiction for all legal disputes arising from this agreement shall be the country in which Vargus has its head office. If Vargus is the plaintiff however it shall be authorized to bring proceedings before the court at the place of business of the defendant.
9. General
This agreement contains the complete agreement between the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings whether oral or written. All questions concerning this agreement shall be directed to:
[email protected]
Vargus Ltd.
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