ACUTE PHOTO EXIF VIEWER END USER LICENSE AGREEMENT
READ THESE TERMS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE.
The following is a legal agreement ("Agreement") for the license of ACUTE PHOTO EXIF VIEWER software ("Software") between the Licensee ("you") and Acute Systems ("Developer").
By installing or using the Software, you acknowledge that you have read this Agreement, that you understand it, and that you agree to be bound by its terms. If you are unwilling to be bound by this Agreement, do not use the Software. If you are executing this Agreement on behalf of a company, you represent that you have the authority to bind the company to the terms governing the use of the Software. The term "you" refers to the individual or a legal entity, as applicable, that purchases for or uses the Software. If you do not have such authority, or if you do not agree with these terms do not use the Software.
1. LICENSE GRANT
The Software may be installed and used for any legal purpose free of charge.
2. OWNERSHIP
The Software is the property of Developer and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software.
3. RESTRICTIONS
You shall not modify, reverse engineer, disassemble, reverse compile, distribute, rent, lease, assign or transfer the Software, nor shall you create any derivative works of the Software. To the extent that the Software includes run time or other components licensed by Developer from third parties, you shall not create any software program that links, embeds or makes direct function calls to such components. The Software shall remain the exclusive property of Developer or its licensors, and Developer reserves all rights not expressly granted to you.
4. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
The Software and any support from Developer are provided "as is" and without warranty, express or implied. Developer specifically disclaims any implied warranties of merchantability and fitness for a particular purpose. In no event will Developer be liable for any damages, including but not limited to any lost profits, lost savings or any incidental or consequential damages, whether resulting from impaired or lost data, software or computer failure or any other cause, or for any other claim by user or for any third party claim. If any warranty, disclaimer or limitation on liability in this Agreement is found to be invalid or unenforceable for any reason, then Developers total liability to you (whether based in contract or tort, or otherwise) will in no event exceed the Software license fees paid by you to Developer.
5. REDISTRIBUTION
The Software is distributed as part of an archive, typically a .zip or .exe setup file. Only the original Software archive provided by Developer can be copied and distributed and only under the following conditions:
a) No money or fees will be charged.
b) Archive will not be modified or combined with other software.
6. GENERAL
6.1 This Agreement between you and Developer supersedes any prior agreement or understanding, whether written or oral. If this version of the Software is an upgrade from another version or other product, this Agreement supersedes and replaces any previous license agreement.
6.2 By using the Software, you also express your understanding and agreement that you are responsible for complying with all applicable laws and regulations, including without limitation, export and re-export control laws and any applicable local laws.
6.3 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 of this Agreement.
6.4 This license and your right to use the Software shall terminate automatically if you violate any part of this Agreement. In the event of termination, you shall immediately cease all use of the Software.
6.5 This Agreement will be governed by the laws of the State of Illinois, except for that State's conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
6.6 You shall comply with all U.S. laws and regulations restricting the export of the Software to other countries.