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Product Downloads : : Luxriot. GRANT OF LICENSE. The Software is protected by copyright laws, international copyright treaties, and other intellectualproperty laws and treaties.
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The Software is licensed, not sold, as follows: Luxriot hereby grants and you accept a nonexclusive, non- transferable, limited license, subject to each provision of this Agreement, to download, install, activate, anduse machine- readable object code versions of the Software on the number of computers expressly authorized inwriting by Luxriot or its authorized distributor (the “License”). The License granted to you is solely for your personal orbusiness use and does not extend to any third party.
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All rights not expressly granted to you are hereby reserved by. Luxriot. 1. 1. ADDITIONAL LICENSE RESTRICTIONS. Except as specifically permitted by this Agreement, Licensee shall not: 1. Copy (except as permitted by applicable law or as provided in this Agreement), sell, modify, translate,transfer, reverse engineer, decompile or disassemble the Software; 1. Remove any Software proprietary notice, label or mark, whether in machine language or human- readableform; 1. Transmit or distribute the Software to any person outside Licensee’s internal business organization(s) (forthe sake of clarity, in no event may this Agreement, including the License granted to you, be transferred to anythird party without Luxriot’s express prior written consent); 1. Create any derivative work that is based on or incorporates the Software; 1.
Install, use, or operate the Software in connection with: (a) any Application Service Provider (“ASP”),cloud- based, or similar service, other than pursuant to a License for Luxriot. License, sublicense, assign, delegate, or otherwise transfer the License or any right or obligation relatedto it for any reason without Luxriot’s prior written consent. Any attempt to license, sublicense, assign, delegate ortransfer this license, by contract, statute, corporate merger of any sort, regulation or court order without Luxriot’sprior written consent shall be void.
Upon expiration or termination of this Agreement for any reason, this License shall terminate and any user accessingthe Software shall immediately cease to use or have access and support for it. If you breach any provision of this. Agreement, including by making any unauthorized copy of the Software or by failing to comply with anyprohibition set forth in this Agreement, the License shall immediately terminate automatically. UPDATE POLICY. Any Software license purchased, whether for a Previous Version or a New Version, will not include,and you shall not be entitled to, any free Software updates.
MAINTENANCE. As used herein, “Maintenance” means the maintenance services described in this section. No. Maintenance or other support is provided for any free Luxriot. For Luxriot. For all other products, you will receive Maintenance for a period of one (1) year from your Software licensepurchase date (the “Initial Maintenance Term” or “IMT”). When the IMT expires, and provided that you pay Luxriotto renew the Maintenance, you will receive continued Maintenance for the extended period set forth in the invoice. Luxriot provides to you. During the period in which you already are receiving Maintenance pursuant to this.
Agreement (whether during the IMT or any Maintenance renewal term: an “Existing Service Term”), you willreceive Maintenance for any additional Software module(s) and/or workstation(s) you add during an Existing Service. Term, but shall not be entitled to an extension of the then- current Existing Service Term as a result of adding anysuch new Software Module(s) and/or workstation(s).
For each Luxriot. Unless Luxriotadvises you otherwise, Maintenance will be provided twelve (1. Eastern Standard Time, Monday through Friday excluding statutory holidays in the state of New York(U. S. A.). During the Existing Service Term, you also will be given the opportunity to receive available securityupdates and bug fixes. If you do not avail yourself to any such security update or bug fix during the Existing Service. Term, you will not be entitled to any such improvement thereafter.
Notwithstanding the foregoing, Microsoft. Luxriot consequently cannot provide Maintenance, including any technical support, bugfixes, or security updates for any Luxriot products running on any computer running on the Windows.
Please note. Luxriot products may not work properly or securely if used on any such no longer operating system. TITLE AND COPYRIGHT. It is hereby understood and agreed that as between Luxriot and you, Luxriot is the owner of allrights, title and interest, including the copyright and all other intellectual property rights, to the Software, including in allformats and regardless how delivered to you (whether on media or if distributed electronically) and all subsequent copiesthereof, regardless of the media or form in which the Software or copies thereof may exist. Except as expressly providedherein, you do not acquire any rights to the Software through the purchase of licenses to the Software or otherwise. Unauthorized copying of the Software or failure to comply with the above restrictions will result in automatictermination of this Agreement.
Unauthorized copying or distribution of the Software constitutes copyrightinfringement and may be punishable in a federal criminal action by a fine of up to U. S. In addition, federal civil remedies for copyright infringement allow for therecovery of actual damages based on the number of copies produced or statutory damages of up to U. S. 1. 50,0. 00 for willful copyright infringement. This Agreement shall continue for as long as you use the Software licensed herein or until terminated by Luxriot,whichever occurs first. Without prejudice to any other rights, this Agreement will terminate if you fail to pay Luxriot anyamount due or if you fail to comply with any of its terms or conditions.
You agree, upon termination, to immediatelydestroy all copies of all Software. NO WARRANTIES. This Software is furnished “AS IS” and with all faults. Luxriot, its suppliers, resellers, technical support /Maintenance providers, and distributors (singularly and collectively, the “Disclaiming Parties”) do not make, and youdo not receive, any warranties, either express, implied, statutory, or in any communication with you. To the maximumextent permitted by applicable law, the Disclaiming Parties disclaim all other warranties and conditions, either expressor implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, noninfringement, any warranty against data loss, computer virus, loss of hardware or software functionality, or any otherharmful effects, or any warranty that operation of the software will be uninterrupted or error- free.
For the sake of clarity,the Disclaiming Parties do not make, and you do not receive, any representation or warranty as to the stability orfunctionality of any Software feature. The Disclaiming Parties hereby notify you that the Software and/or any related datamay be or become unstable, corrupted, or otherwise nonfunctional, including by any corrupted record, missing record,operating system instability, virus, operating system misconfiguration, hardware failure, hardware conflict, softwareconflict, user data misconfiguration, and/or data loss. You expressly assume the entire risk and cost associated with the Software, including risk resulting from. Maintenance services (whether performed in whole, in part, or not at all), or from any virus, downloadedmaterial, harmful component, or through any Internet use of the Software or any site or server through whichthe Software is available. You are solely responsible for any damage that results from or is associated withuse of the Software.
The Disclaiming Parties shall not be liable in any manner whatsoever for the resultsobtained through use of the Software. Persons using the Software are responsible for the supervision,management, and control of the Software, including determination of the appropriate uses for the Software and theselection of the Software and other programs to achieve intended results. Persons using the Software are responsiblefor testing the reliability and accuracy of the Software’s output. If the Software was purchased in the United States, the above exclusions may not apply to you since some states do not allowthe exclusion of implied warranties. You may also have other rights, which vary from state to state. The entire risk arisingout of use or performance of the Software remains with you.
LIMITATION OF LIABILITY. The limitation of liability is to the maximum extent permitted by applicable law. In no eventshall the Disclaiming Parties be liable for any damages, whether arising in contract, tort, or otherwise andincluding any special, incidental, indirect, consequential, punitive, or exemplary damages whatsoever(including damages for loss of business profits, business interruption, loss or corruption of business information orother data, cost of cover, or any other pecuniary loss) arising out of the use or inability to use the Software or thefailure to provide full or adequate support / Maintenance services, even if Luxriot has been advised of the possibility ofsuch damages.
You hereby acknowledge that the license fee amount reflects this allocation of risk, and in anycase the entire liability of the Disclaiming Parties under any provision of this Agreement shall be limited to theamount actually paid by you for the Software. Because some states do not allow the exclusion or limitation ofliability, the above limitation may not apply to you. SURVEILLANCE LIABILITY DISCLAIMER. The Disclaiming Parties: (i) do not make, and you do not receive,any representation or warranty as to any applicable law or regulation that may pertain to use of the Software byyou for video and/or audio surveillance, recording, or any similar purpose(singularly and collectively,“Surveillance”), and (ii) .