Copyright (c) 2018 InterResolve Holdings Limited
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using axiapp, you agree that this End User License Agreement (EULA) is a legally binding, valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by InterResolve Holdings Limited your use of axiapp indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, InterResolve Holdings Limited grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use axiapp in accordance with this Agreement and any other written agreement with InterResolve Holdings Limited. InterResolve Holdings Limited does not transfer the title of axiapp to you; the license granted to you is not a sale. This agreement is a binding legal agreement between InterResolve Holdings Limited and the purchasers or users of axiapp.
If you do not agree to be bound by this agreement, remove from your device now and, if applicable, promptly return to InterResolve Holdings Limited by mail any copies of axiapp related documentation and packaging in your possession.
axiapp and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of axiapp contact InterResolve Holdings Limited.
3. USER AGREEMENT
Your license to use axiapp is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of axiapp.
3.2 Use Restrictions
You shall use axiapp in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of axiapp together with material that is pornographic, racist, vulgar, obscene, defamatory, libellous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of axiapp may be used on one single device by one user. Use of axiapp means that you have loaded, installed, or run axiapp on a smartphone or similar device. If you install axiapp onto a multi-user platform, server or network, each and every individual user of axiapp must be licensed separately.
You may make one copy of axiapp for backup purposes, providing you only have one copy installed on one device being used by one person. Other users may not use your copy of axiapp. The assignment, sublicense, networking, sale, or distribution of copies of axiapp are strictly forbidden without the prior written consent of InterResolve Holdings Limited. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of axiapp. If any person other than yourself uses axiapp registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated of which you are responsible.
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile axiapp. Nor can you create any derivative works or other works that are based upon or derived from axiapp in whole or in part.
InterResolve Holdings Limited's names, logos and graphics files that represent axiapp shall not be used in any way. InterResolve Holdings Limited retains sole and exclusive ownership of all rights, titles and interest in and to axiapp and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of axiapp, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for InterResolve Holdings Limited.
3. USER AGREEMENT (cont.)
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend InterResolve Holdings Limited, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of InterResolve Holdings Limited's Software.
In no event (including, without limitation, in the event of negligence) will InterResolve Holdings Limited , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, axiapp or the use or inability to use axiapp or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
InterResolve Holdings Limited's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by InterResolve Holdings Limited) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to InterResolve Holdings Limited.
Except as expressly stated in writing, InterResolve Holdings Limited makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United Kingdom applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United Kingdom therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of axiapp and destroy all copies of axiapp supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY axiapp AS WELL.
5. CONSENT OF USE OF DATA
You agree that InterResolve Holdings Limited may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to axiapp. InterResolve Holdings Limited may also use this information to provide notices to you which may be of use or interest to you.