PrimerDigital

Published: September 25, 2010

This End End User License Agreement (EULA) is for informational purposes only. There is no software accompanying the EULA.

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY PRIMERDIGITAL TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.

1. GRANT OF LICENSE: PRIMERDIGITAL (the "licensor") grants to you this personal, limited, non-exclusive, non-transferable, non-assignable trial license solely to use in a single copy of the licensed works on a single computer for use by a single concurrent user only and solely provided that you adhere to all of the terms and conditions of this agreement. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the licensed works or any intellectual property rights of licensor. You may use the software during the Trial Period, which is one calendar year starting from the day of the delivery of the software.

assent: by opening the file package containing this software, you agree that this agreement is a legally binding and valid contract, agree to abide by the intellectual property laws and all of the terms and conditions of this agreement, and further agree to take all necessary steps to ensure that the terms and conditions of this agreement are not violated by any person or entity under your control or in your service.

ownership of software: the licensor and/or its affiliates or subsidiaries own certain rights that may exist from time to time in this or any other jurisdiction, whether foreign or domestic, under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law,
unfair competition law or other similar protection, regardless of whether or not such rights or protections are registered or perfected (the "intellectual property rights"), in the computer software and hardware, together with any related documentation (including design, systems and user) and other materials for use in connection with such computer software in this package (collectively, the "licensed works"). All intellectual property rights in and to the licensed works are and shall remain in licensor.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

• This software cannot be used in any commercial enterprises without purchase the licence (you will receive your license via email).
• You are expressly prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any matter, licensed works or any portion thereof.
• You may take a single copy of materials within the package or otherwise related to licensed works only as required for backup purposes.
• You are also expressly prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the licensed works as the licensed works contain proprietary material of licensor. You may not otherwise modify, alter, adapt, port, or merge the licensed works.
• You may not remove, alter, deface, overprint or otherwise obscure licensor patent, trademark, service mark or copyright notices.
• You agree that the licensed works will not be shipped, transferred or exported into any other country, or used in any manner prohibited by any government agency or any export laws, restrictions or regulations.
• You may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to licensed works, including but not limited to the object code, documentation, help files, examples, and benchmarks.

Term: this agreement is effective until terminated. You may terminate this agreement at any time by uninstalling the licensed works and destroying all copies of the licensed works. Upon any termination, you agree to uninstall the licensed works and return or destroy all copies of the licensed works, any accompanying documentation, and all other associated materials.

3. DISCLAIMER OF WARRANTIES. Except as expressly provided otherwise in a written agreement between licensor and you, the licensed works are now provided as is without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, licensor makes no warranty that (i) the licensed works will meet your requirements, (ii) the use of the licensed works will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the licensed works will be accurate or reliable, (iv) the quality of the licensed works will meet your expectations, (v) any errors in the licensed works will be corrected, and/or (vi) you may use, practice, execute, or access the licensed works without violating the intellectual property rights of others. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If EU law is not held to apply to this agreement for any reason, then in jurisdictions where warranties, guarantees, representations, and/or conditions of any type may not be disclaimed, any such warranty, guarantee, representation and/or warranty is:
(1) hereby limited to the period of either (a) thirty (30) days from the date of opening the package containing the licensed works or (b) the shortest period allowed by law in the applicable jurisdiction if a thirty (30) day limitation would be unenforceable; and

(2) licensor’s sole liability for any breach of any such warranty, guarantee, representation, and/or condition shall be to provide you with a new copy of the licensed works.

In no event shall licensor or its suppliers be liable to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not licensor had been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the licensed works. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Severability: in the event any provision of this license agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall or in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore.

Entire agreement: this license agreement sets forth the entire understanding and agreement between you and PrimerDigital Ltd. supersedes all prior agreements, whether written or oral, with respect to the software, and may be amended only in a writing signed by both parties.

ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

4. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRIMERDIGITAL OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF PRIMERDIGITAL OR ANY SUPPLIER, AND EVEN IF PRIMERDIGITAL OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and PRIMERDIGITAL relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any PRIMERDIGITAL policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

Should you have any questions concerning this EULA, or if you desire to contact PrimerDigital for any reason, please use the address information enclosed in this Software to contact the PrimerDigital subsidiary serving your country or visit PrimerDigital on the World Wide Web at http://primerdigital.com.