TERMS AND CONDITIONS OF USE. THIS LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND DIONEL DE LA CRUZ AND OCTAVIAN MERCHES AND ANY RIGHTFUL SUPPLIERS. BY INSTALLING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS OF THIS AGREEMENT. DIONEL DE LA CRUZ AND OCTAVIAN MERCHES grant you a non-exclusive license to use this software, and any associated documentation ("Software") as indicated herein. You may install and use one copy of the Software EITHER on any computer you have exclusive access to, OR to a single computer accessible by many users. The Software is in "use" on a computer when it has been loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage device) of that computer.
OTHER RESTRICTIONS. You shall not: (a) remove any product identification, copyright notices, or other notices or proprietary restrictions from this Software; (b) sell, lease, rent, transfer, copy or distribute this Software; (c) cause or permit reverse engineering, disassembly, decompilation or alteration of this Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
COPYRIGHT/OWNERSHIP. This Software is licensed and not sold. This Software and its source code are proprietary products of Dionel de la Cruz and Octavian Merches and are proected by copyright and other intellectual property laws. You acquire only the right to use the Software and do not acquire any rights, express or implied, in the Software or media containing the Software other than those specified in this License. Dionel de la Cruz and Octavian Merches shall at all times retain all rights, title, interest, including intellectual property rights, in the Software and media.
TERM. This License is effective until terminated. You may terminate it at any time by destroying the Software, together with all copies thereof. This license will also terminate if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the Software, together with all copies thereof.
DISCLAIMER OF WARRANTIES. THIS SOFTWARE IS DISTRIBUTED 'AS IS' AND YOU, ITS USER, ASSUME ALL RISKS WHEN INSTALLING OR USING IT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIONEL DE LA CRUZ AND OCTAVIAN MERCHES DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. DIONEL DE LA CRUZ AND OCTAVIAN MERCHES DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIONEL DE LA CRUZ AND OCTAVIAN MERCHES DOES NOT WARRANT THAT THE SOFTWARE IS NON-INFRINGING, THAT IT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL DIONEL DE LA CRUZ AND OCTAVIAN MERCHES BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (WHICH SHALL INCLUDE WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF DIONEL DE LA CRUZ AND OCTAVIAN MERCHES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MISCELLANEOUS. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions. The Agreement is governed by the laws of the United States.
The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. This is the entire agreement between you and DIONEL DE LA CRUZ AND OCTAVIAN MERCHES, which supersedes any prior agreement, whether written or oral, relating to this subject matter