IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the products provided by the LICENSOR, which includes computer software, internet services and may include associated media, printed materials, and "online" or electronic documentation ("Product"). An amendment or addendum to this EULA may accompany the Product. This EULA, including any addendum or amendment to this EULA which is included with the Product, are the entire agreement between you and the LICENSOR relating to the Product and Services and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. The LICENSOR and its suppliers provide the Product and Services AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide Support Services.
ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, 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 PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF THE LICENSOR OR ANY SUPPLIER, AND EVEN IF THE LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
There are built-in means that serve to prevent unlicensed use of the Product. You may not be able to use the Product in full unless you activate your copy of Product using a license code received from the LICENSOR or its suppliers. The Product license issued to you by the LICENSOR or its suppliers is valid for personal use only. Any other use of the Program, including commercial use, is strictly prohibited. You may need to reactivate the Product if you modify your computer or operation system. The LICENSOR reserves the right to limit the number of such activations.
Restrictions of use of the LICENSOR's MacShiny software:
YOU MAY NOT: copy the documentation which accompanies the Product; sublicense, rent or lease any portion of the Product; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Product, or create derivative works from the Product; or use a previous version or copy of the Product after you have received an upgraded version as a replacement of the prior version. Upon upgrading the Product, all copies of the prior version must be destroyed. Any such unauthorized use shall result in immediate and automatic termination of this license. The LICENSOR provides a functional trial version of the Product available for download from the LICENSORs website at: www.macshiny.com.
The LICENSOR stipulates that you will make sure that the Product is compatible with your computer system and satisfies all your requirements before purchasing. All sales of the Product are final. The LICENSOR does not warrant that the Product is compatible with your computer system, which shall be tested by you before purchasing the Product and Services, but the LICENSOR warrants that the Product and Services will perform, on a compatible system, in accordance with its description as stated on the LICENSOR's website: www.macshiny.com or the accompanying help file for a period of thirty (30) days from the date of receipt. In case the Product won't perform as claimed on a compatible system, the LICENSOR warrants a return of the amount paid for the Product (which results termination of this Agreement). After the expiration of the thirty (30) day period any requests concerning Product refund cannot be accepted. Upon any termination of this Agreement, you shall immediately discontinue the use of the Product. Without prejudice to any other rights, the LICENSOR may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts. You agree that the LICENSOR and its affiliates may retrieve, use and collect information about the usage of the LICENSOR's products and services, your computer, including but not limited to information about its system, applications and peripherals. The LICENSOR will use this information to provide you with Product updates and support. the LICENSOR may use this information only in the form that doesn't identify you personally. This EULA applies to updates or supplements to the original Product provided by the LICENSOR, unless we provide other terms along with the update or supplement. The terms of any Component Agreement are herein incorporated by reference to this EULA; in the event of any inconsistencies between this EULA and any Component Agreement, the terms of this EULA shall control. The LICENSOR's MacShiny software is protected by Cyprus and the U.S. copyright laws and international treaty provisions. All rights not expressly granted here are reserved to the LICENSOR or its suppliers.