EULA : PLEASE READ PRIOR TO SOFTWARE USE

 

CASSINIAN SOFTWARE, LLC

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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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 distribution media.

 

  1. SURVIVABILITY. Copyright and confidentiality of the Software shall survive any termination of the EULA in perpetuity, regardless of cause.

 

  1. 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 shall apply.

 

  1. 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.

 

  1. 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.

 

  1. 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 Software.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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 Software.

 

  1. 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 granted herein.

 

 

Version 04.13.2018/03

13 April 2018