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IMPORTANT - READ CAREFULLY
This ProjectAI Freeware End-User License Agreement ('EULA') is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as 'User') and ProjectAI Limited for the ProjectAI freeware product that accompanies this EULA, or that is subsequently provided to the User pursuant to further order, including any associated media, printed materials and electronic documentation (collectively, the 'Freeware Product'). By installing, copying, downloading, accessing or otherwise using the Freeware Product, User agrees to be bound by the terms of this EULA. If User does not accept and agree to the terms and conditions of this EULA, ProjectAI is unwilling to license the Freeware Product contained herein to User. In that case do not install, access or use the Freeware Product; instead delete the Freeware Product from your computer or network in whatever form(s) it exists.
MEANING OF WORDS USED IN THIS EULA
ProjectAI: means ProjectAI Limited and any or all of its divisions or subsidiaries.
User: the individual person or single legal entity that is deemed to be the licensed user of the Product under the terms of this EULA.
Freeware Bundle: refers to when two or more ProjectAI Freeware Products are supplied together as an inclusive package. When Freeware Products are supplied as a Freeware Bundle they are deemed a single Freeware Product in terms of their usage and transfer. In no event shall User be permitted to install any portion of a Freeware Bundle on a computer or network for which any of the Freeware Products are not licensed.
OWNERSHIP AND GRANT OF LICENSE
The Freeware Product is licensed, not sold. The Freeware Product is the sole property of ProjectAI and is protected by all applicable intellectual property and contract laws, including but not limited to laws relating to patent, copyright and trademark laws, and by applicable international treaties and trade provisions. Any breach of ProjectAIís rights as the sole owner of the Freeware Product and all intellectual property rights contained therein and in the Freeware Product may subject the offender to civil and criminal penalties, including fine and/or imprisonment.
This EULA grants User the non-exclusive right to: install and use the Freeware upon a single computer. In no event, however, shall User be permitted to (a) use the freeware on a networked basis or (b) redistribute the Freeware, whether for commercial gain or for no gain. Any use in violation of the license shall constitute not only breach of this EULA, but a violation of national and international copyright laws. In the event that any provision of this EULA is breached by User the license granted by this EULA shall automatically terminate without further action by ProjectAI, and whether or not User abides by such termination.
FREEWARE PRODUCT TRANSFER
User may permanently transfer the entire Freeware Product to any third party only upon obtaining written consent from ProjectAI, providing that the original User destroys all remaining copies of the Freeware Product, and any portions thereof, and that the third party accepts the terms of this EULA in its entirety.
In the event that User has received this Freeware Product as part of a Freeware Bundle, then all Freeware Products supplied as part of that Freeware Bundle must be transferred. Under no circumstances can a Freeware Product supplied as part of a Freeware Bundle be transferred separately.
User may not distribute the Freeware.
User may not modify, translate, or make derivative works of the Freeware Product without explicit written consent from ProjectAI.
User may not sub-license, rent, lease or provide service bureau services such as Freeware leases or rentals with any portion of the Freeware Product.
To the maximum extent permitted under law, if during the warranty period set forth below, a defect is discovered by User, Userís exclusive remedy hereunder shall be, at the sole option of ProjectAI, the repair or replacement of the Freeware Product. In order to obtain such remedy, User must return the Freeware Product in its entirety to ProjectAI, for a replacement copy.
WARRANTIES AND WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY
THE FREEWARE PRODUCT IS PROVIDED ENTIRELY ďAS ISĒ. PROJECTAI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED OR EXPRESS WARRANTIES OF TITLE.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL PROJECTAI BE LIABLE TO USER FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, INTERRUPTION TO BUSINESS, LOSS OF INFORMATION OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SUPPLY TO OR USERíS USE OF OR INABILITY TO USE THE FREEWARE PRODUCT, WHETHER PROJECTAI HAS BEEN INFORMED OF THE POSSIBILITY OF THE SAME OR NOT, AND WHETHER STYLED AS A CLAIM IN CONTRACT, TORT OR OTHER LEGAL THEORY.
USER ACKNOWLEDGES THAT NO PROMISE, REPRESENTATION, WARRANTY OR UNDERTAKING HAS BEEN MADE BY PROJECTAI TO ANY PERSON OR COMPANY ON USERíS BEHALF AS TO THE PROFITABILITY OR ANY OTHER CONSEQUENCES OR BENEFITS TO BE OBTAINED FROM DELIVERY TO USER OF THE FREEWARE PRODUCT. USER HAS RELIED UPON ITS OWN SKILL AND JUDGMENT IN ACQUIRING THE FREEWARE PRODUCT. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT A COMPLETE LIMITATION OF DAMAGES AS SET FORTH HEREIN, USER AGREES THAT ITS DAMAGES SHALL BE LIMITED TO ONE DOLLAR (U.S.). NOTHING HEREIN SHALL BE CONSTRUED AS ATTEMPTING TO ENFORCE RIGHTS AGAINST USER BEYOND THOSE PERMITTED BY APPLICABLE LAW.
to Limitation of Liability and Warranty
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