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PROPRIETARY END-USER LICENSE AGREEMENT (EULA)

IMPORTANT — READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity, "Licensee" or "you") and David735453 ("Licensor") for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, the "Software").

By installing, copying, downloading, accessing, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, download, access, or use the Software.


1. SCOPE OF LICENSE

The Licensor grants you a limited, non-exclusive, non-transferable, revocable license to use the Software solely for your personal, non-commercial purposes, subject to the terms and conditions of this EULA. This license does not grant you any rights to:

  • Use the Software on behalf of third parties.
  • Distribute, sublicense, lease, rent, lend, or otherwise transfer the Software to any other party.
  • Use the Software in any manner that violates applicable laws or regulations.

2. RESTRICTIONS

You may not, and you agree not to, and you may not permit any third party to:

  • Copy, reproduce, or distribute the Software in whole or in part, except as expressly permitted by this EULA.
  • Modify, adapt, translate, or create derivative works based upon the Software.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except and only to the extent that such restriction is prohibited by applicable law.
  • Remove, alter, or obscure any proprietary notices, labels, or marks on the Software.
  • Use the Software for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Software.
  • Bypass or circumvent any security or technological protection measures implemented in the Software.

3. INTELLECTUAL PROPERTY

The Software is licensed, not sold. The Licensor retain all right, title, and interest in and to the Software, including all intellectual property rights therein. This EULA does not grant you any ownership rights to the Software. All copyrights, trademarks, trade secrets, patents, and other intellectual property rights in and to the Software are and shall remain the exclusive property of the Licensor and its suppliers.


4. TERMINATION

This EULA is effective until terminated. The Licensor may, at any time and without notice, terminate this EULA if you fail to comply with any term or condition of this EULA. Upon termination, you must immediately cease all use of the Software and remove all copies, full or partial, of the Software in your possession or control. Sections 3, 5, 6, and 7 of this EULA shall survive any termination.


5. LIMITATION OF LIABILITY

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. ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE LICENSOR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SOFTWARE.


6. DISCLAIMER OF WARRANTIES

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.


7. GOVERNING LAW

This EULA shall be governed by and construed in accordance with the laws of the jurisdiction in which the Licensor resides, without regard to its conflict of law principles.


8. ENTIRE AGREEMENT

This EULA constitutes the entire agreement between you and the Licensor relating to the Software and supersedes 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.


By using the Software, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions.