: PLEASE READ PRIOR TO SOFTWARE USE
END-USER LICENSE AGREEMENT (EULA)
NOTICE TO END-USER: PLEASE READ THE
FOLLOWING AGREEMENT CAREFULLY. YOUR USE OF THIS SOFTWARE OR ANY
PORTION THEREOF ACKNOWLEDGES YOUR ACCEPTANCE OF ALL TERMS AND
PROVISIONS OF THIS AGREEMENT. SHOULD YOU NOT AGREE WITH THE TERMS
OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE.
- DEFINITIONS. In this agreement, the term
“Cassinian” shall mean Cassinian Software, LLC, an Arizona Limited
Liability Company located at 4140 East Baseline Road, Suite 101,
Mesa, Arizona, 84206, USA, the developer of the Software. The term
“Software” shall mean the software and related items and components
developed by or for Cassinian, with which this EULA is provided.
The term “EULA” shall mean this End-User License Agreement. The
term “End-User” shall mean you, the user of the Software.
- APPLICABILITY. By having this Software
installed on or otherwise accessible to your computer equipment,
and by subsequent use of said Software, you agree to comply with
the terms and conditions of this EULA where no specific agreement
is in place between you and Cassinian. If you do not agree to the
terms of the EULA, do not install or otherwise use the Software.
This EULA applies to all future upgrades, updates and supplements
to the original Software provided.
- ACCEPTANCE OF TERMS. This Software is owned
by and copyrighted to Cassinian, and is licensed, not sold,
exclusively under the terms of the EULA. Acceptance and
installation of the software indicates your acceptance of the terms
and conditions of the EULA. You do not own the Software, your
purchase grants you a non-exclusive License to use the Software
under the terms of the EULA. All rights to use the Software are
granted on condition that such rights are forfeited should you fail
to comply with the terms of the EULA.
- RIGHT TO USE. Upon receipt and installation
of the software and payment of the License fee, if any, you will
acquire the right to use the Software in compiled, executable form
only, directly from Cassinian, although the Software may be
distributed by a third-party. REVIEW THE EULA IN FULL PRIOR TO THE
INSTALLATION OR USE OF THE SOFTWARE. You assume all responsibility
for the selection of the Software to achieve your intended results,
and for the installation, use and results obtained subsequent.
- LIMITATIONS ON TRANSFER. In consideration of
your acceptance of the terms and conditions contained in this EULA,
Cassinian grants you a non-exclusive License to use the Software
and the associated documentation and sample files for your own
purposes on one computer device. You are not permitted to resell,
rent, lease, transfer, nor otherwise distribute the Software, nor
make it accessible to others via LAN or WAN, nor install it on a
server or cloud-based service where anyone other than yourself, the
licensed End-User, would have access to the Software.
- LIMITATIONS ON USE. Title and copyright to
the Software, including binaries, object code, source files,
samples files, and documentation remain with Cassinian. You may not
copy, reproduce, make data transmissions, nor upload to a server or
cloud-based system, in whole or in part, except as is necessary for
your own personal backup or archival purposes. You may not reverse
engineer, translate, disassemble, or decompile the Software, in
whole or in part for any purpose.
- TERMINATION OF LICENSE BY END-USER. The grant
of a License is effective upon acceptance of the EULA and
installation of the Software and shall continue until terminated.
You may terminate the License at any time by removing the Software
from your computer equipment, deleting all related backups and
archives, destroying the Software distribution media, and
discontinuing use of the Software.
- TERMINATION OF LICENSE BY CASSINIAN.
Cassinian retains the right to terminate your License to its
Software should you fail to comply with the terms and conditions of
this EULA. Upon termination you shall discontinue all use of the
Software, remove the Software from your computer equipment, delete
all related backups and archives, and destroy the original Software
- SURVIVABILITY. Copyright and confidentiality
of the Software shall survive any termination of the EULA in
perpetuity, regardless of cause.
- DISCLAIMER OF WARRANTY. This Software is
licensed to you on an “AS IS” basis. Cassinian disclaims all
warranties with regard to the Software, including the implied
warranty of merchantability and fitness for a particular purpose.
Cassinian makes no claims as to the adequacy of this software for
any particular purpose or to produce any particular result, and
shall not be liable for any loss or damage that may arise from your
installation or use of the Software, sample files or any other
related materials. CASSINIAN DOES NOT WARRANT THE PERFORMANCE OR
RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, AND MAKES NO
WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO ANY OTHER
MATTERS. Some jurisdictions have laws which
require warranty and liability rights different from those stated
herein. In those areas the required warranty and liability terms
- LIMITATION OF LIABILITY. In no event shall
Cassinian be liability to you for any damages, claims or costs
whatsoever, or any consequential, indirect or incidental damages,
or any lost profits or lost savings, even if Cassinian had been
advised of the possibility of such losses, damages, claims or
costs, or for any claim by any third party. The foregoing
limitations and exclusions apply to the extent permitted by
applicable law in your jurisdiction. CASSINIAN’S AGGREGATE
LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS EULA SHALL IN NO
EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE LICENSE.
- EXPORT LAW. Should any part of the Software
be identified as an export-controlled item under any export laws,
rule or restriction, you warrant that you are not a citizen of, or
otherwise located within an embargoed nation and that you are not
otherwise prohibited under said export laws from receiving and
using the Software.
- OTHER AGREEMENTS. When conflicting language
exists between this EULA and any other agreement included with or
related to the Software, the terms of such included agreement shall
apply. This EULA supersedes any prior agreement, written or
otherwise, between Cassinian and you with respect to the
- RECOVERY OF FEES. In the event either party
employs attorneys to enforce any rights arising out of or relating
to this EULA, the prevailing party in any such action or proceeding
shall be entitled to recover reasonable legal fees and costs,
including attorneys’ fees, which may be incurred.
- GOVERNING LAW. This Agreement shall be
construed and enforced in accordance with the laws of the State of
Arizona, USA, and all parties shall agree to be subject to those
relevant laws. All disputes arising out of or relating to this EULA
shall be brought exclusively in Maricopa County, Arizona, USA.
- COPYRIGHT AND TRADEMARK.
Copyright law protects the Software, sample files and accompanying
documentation. Except as specifically authorized in writing by
Cassinian, copying, duplication, sale, distribution or other use of
the Software and related materials is prohibited. Cassinian
Software and the Cassinian Software logo are the registered
trademarks of Cassinian in the United States. Use of said
trademarks for any purpose without the prior written consent of
Cassinian is prohibited.
- INJUNCTIVE RELIEF. End-User acknowledges that
Cassinian shall have the absolute right to obtain injunctive relief
to protect Cassinian’s proprietary rights with respect to the
- ENFORCEABILITY AND ASSIGNMENT. Should any
provision of this EULA be held to be invalid or unenforceable for
any reason, the remaining provisions shall not be affected. None of
the provisions of the EULA shall be deemed to have been waived by
any act on the part of Cassinian or any of its agents or
representatives. You may not assign your rights or obligations
13 April 2018