By installing the software, you are consenting to be bound by this agreement.
The following terms govern your use of the Service and it’s applicable Software.
License. Subject to the terms and conditions of and except as otherwise provided in this Agreement, RAS (“Company”) and its resellers grant to User a nonexclusive and nontransferable license to use the RAS Tool(s) (the “Software”) for which User has paid the required license or service fees, in object code form only. In addition, the foregoing license or service shall also be subject to each of the following limitations:
Unless otherwise expressly provided in the documentation, User shall use the Software solely for communication with Company servers.
General Limitations: Except as otherwise expressly provided under this Agreement, User shall have no rights, and User specifically agrees not to:
(i) Transfer, assign or sublicense its license rights to any other person or entity, or use the Software on unauthorized computers, and any such attempted transfer; assignment or sublicense shall be void;
(ii) Make error corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or to permit third parties to do the same; or
(iii) Recompile, decrypt, reverse engineer, disassemble or otherwise reduce the Software to human-readable form to gain access to trade secrets or confidential information in the Software.
Upgrades and Additional Copies. For purposes of this Agreement, “Software” shall include (and the terms and Conditions of this Agreement shall apply to) any upgrades, updates, bug fixes or modified versions (Collectively, “Upgrades”) or backup copies of the Software licensed or provided to User by Company or an authorized reseller for which User has paid the applicable license or service fees.
Notwithstanding any other provision of this agreement: (1) User have no license or right to use any such additional copies or upgrades unless user, at the time of acquiring such copy or upgrade, already holds a valid license to the original software and has paid the applicable fee for the upgrade; (2) use of upgrades is limited to Company equipment for which user is the original end user purchaser or lessee or who otherwise holds a valid license to use the software which is being upgraded; and (3) use of additional copies is limited to backup purposes only.
Proprietary Notices. User agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in this Agreement, User shall not make any copies or duplicates or any Software without the prior written permission of Company. User may make such backup copies of the Software as may be necessary for User lawful use, provided User affixes to such copies all copyright, confidentiality, and proprietary notices that Appear on the original.
Protection of Information. User agrees that aspects of the Software and associated documentation, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Company. User shall not disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Company. User shall implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with Company
Limited Warranty. If User obtained the Software directly from Company, then Company warrants that during the warranty period (as defined below): (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) The Software will substantially conform to its published specifications. The "Warranty Period" means a period beginning on the date of User’s acceptance of the Software and ending on the later of (a) thirty (30) days from the date of initial shipment of the Software by Company, or (b) the end of the minimum period required by the law of the applicable jurisdiction. The limited warranties extend only to User as the original licensee. User sole and exclusive remedy and the entire liability of Company and its resellers under these limited warranties will be, at Company or its service center's option, repair, replacement, or refund of the Software if reported (or, upon Request, returned) to Company or its designee. Except as expressly granted in this Agreement, the Software is provided as is. Company does not warrant that the Software is error free or that User will be able to operate the Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, Company does not warrant that the servers that are used will be free of vulnerability to intrusion or attack.
This warranty does not apply if the Software (a) is licensed for beta, evaluation, testing or demonstration purposes for which Company does not receive a license or service fee, (b) has been altered, except by Company, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Company, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in ultra hazardous activities.
Disclaimer of Warranties. Except as specified in this warranty, all express or implied conditions, representations, and warranties including, without limitation, any implied warranty or condition of merchantability, fitness for a particular purpose, noninfringement, satisfactory quality or arising from a course of dealing, usage, or trade practice, are hereby excluded to the extent allowed by applicable law. To the extent an implied warranty cannot be excluded, such warranty is limited in duration to the warranty period. Because some states or jurisdictions do not allow limitations on how long an implied warranty lasts, the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction.
Disclaimer of Liabilities. In no event will Company or its resellers be liable for any lost revenue, profit, or data, or for special, indirect, consequential, incidental, or punitive damages however caused and regardless of the theory of liability arising out of the use of or inability to use the software even if Company or its resellers have been advised of the possibility of such damages. Company will not be liable if either side sends data other than accounting data, especially viruses. In no event shall Company's or its resellers' liability to User, whether in contract, tort (including negligence), or otherwise, exceed the price paid by User. Company will not be held liable for any loss of data on the Company's servers or the User’s computers. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. Because some states or jurisdictions do not allow limitation or exclusion of consequential or incidental damages, the above limitation may not apply to you.
Term and Termination. This Agreement is effective until terminated. User may terminate this Agreement at any time by destroying all copies of Software including any documentation. User licenses rights under this Agreement will terminate immediately without notice from Company if User fails to comply with any provision of this Agreement. Upon termination, User must destroy all copies of Software in its possession or control.
Export. Software, including technical data, may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other Countries. User agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-exports, or imports Software.
General. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. Any litigation must be executed in the State of Georgia. If any portion hereof is found to be void or unenforceable, the remaining Provisions of this Agreement shall remain in full force and effect. Company hereby specifically disclaims the UN Convention on Contracts for the International Sale of Goods. Except as expressly provided herein, this Agreement constitutes the entire agreement between the parties with respect to the License of the Software.
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