This copy of RetopoG (“the Software Product”) and accompanying documentation is licensed and not sold. This Software Product is protected by the copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Christopher Emerson or his subsidiaries, affiliates, and suppliers (collectively “Christopher Emerson”) own intellectual property rights in the Software Product. The License’s (“you” or “your”) license to download, use, copy or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION, DOWNLOADING THE SOFTWARE PRODUCT, OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL THE TERMS OF THIS AGREEMENT BEFORE USING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU MUST SELECT THE “DECLINE” AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy may only be used for reinstallation of the Software Product. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the software product.
Restrictions on Transfer
Without first obtaining the express written consent of Christopher Emerson, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You many not use, copy, or install the Software Product on any system with more than one computer, or permit to use, copying, or installation of the Software Product by more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permitted by the use, copying, or on more computers than the number permitted by license. You many not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product. You may not use the database portion of the Software Product in connection with any software other than the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative work include but are not limited to translations. You may not alter any files or libraries in any portion of the software product. You many not reproduce the database portion or create any tables or reports related to the database portion.
Restrictions of Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITTING BY CHRISTOPHER EMERSON, CHRISTOPHER EMERSON MAKES NO OTHER WARRANTIES EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Christopher Emerson makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Christopher Emerson makes no warranty that operations of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BARE SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO THE FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. CHRISTOPHER EMERSON WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL CHRISTOPHER EMERSON BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF CHRISTOPHER EMERSON OR ANY OTHER PARTY, EVEN IF CHRISTOPHER EMERSON IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APLICABLE JURISDICTION LIMITS CHRISTOPHER EMERSON’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMIM EXTENT PERMITTED.
Limitations of Remedies and Damages
Your remedy for a breach of this Agreement or any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Christopher Emerson. Christoher Emerson reserves the right to substitute a functionally equivalent copy of the Software Product as replacement. If Christopher Emerson is unable to provide a replacement or substitute Software product or corrections to the Software Product, your sole alternative remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claims must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Christopher Emerson to have been cause by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Christopher Emerson harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdictions and Costs
This Agreement is governed by the laws of California, without regard to California’s conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.