THIS IS A LEGAL AGREEMENT between you (either an individual or an entity) and Apimac. By using the Apimac applications (“the Software”), you are agreeing to be bound by the terms and conditions of this License Agreement. If you do not agree to the terms and conditions of this License Agreement, do not use the Software.
1. Grant of Limited License.
Apimac grants to you the non-exclusive, limited right to install and use the Software.
The Software is owned by Apimac and is protected by copyright laws and by international treaty provisions. You should therefore treat the Software like any other copyrighted material (such as for example, books or musical recordings). Among other things, copyright laws prohibit you from making derivative works of the Software. You may, however, make copies of the Software solely for your individual and personal use on multiple computers, provided that you include all copyright and proprietary rights notices on any copies.
3. Other Restrictions.
(a) You may not modify, reverse-engineer, decompile, or disassemble the Software for any purpose whatsoever.
(b) You may not claim that the Software is yours, and you may not use the name Apimac to endorse or promote products derived from the Software without prior written permission.
(c) You must use the Software at all times in a manner that is consistent with the software licenses granted to you by other companies that have provided software for your computer. For example, the Software is designed to be used with a specific operating system, and so you may not use the Software in a manner inconsistent with the operating system license agreement between you and Apple Computer, Inc.
(d) You may distribute copies of the Software to any third party, but you may not rent, loan, sublicense, or lease the Software to third parties.
4. Warranties and Limitation of Liability.
THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. APIMAC FURTHER DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT APIMAC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
IN NO EVENT SHALL APIMAC OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF THE SOFTWARE, BE LIABLE FOR ANY DAMAGES WHATSOEVER; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, FOR LOSS OF BUSINESS INFORMATION, OR FOR OTHER MONETARY LOSS, ARISING OUT OF THE USE OF THE SOFTWARE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF YOU HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL APIMAC BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES WHATSOEVER, WHETHER IN A CONTRACT ACTION, NEGLIGENCE OR OTHER TORT ACTION, OR OTHER CLAIM OR ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE SOFTWARE OR DOCUMENTS AND OTHER INFORMATION PROVIDED TO YOU BY APIMAC, OR IN THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES OR INFORMATION.
Because some states of the United States and some other countries do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to you. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you downloaded or otherwise received the Software.
5. Your Warranty to Apimac.
You warrant that all individuals having access to the Software will observe and perform all the terms and conditions of this License Agreement. You shall, at your own expense, promptly enforce the restrictions in this License Agreement against any person who gains access to your copy of the Software (i.e. the copy you obtain upon agreeing to this License Agreement or any other lawful copy you have made from this copy) with your permission or while your employee and who violates such restrictions, by instituting and diligently pursuing all legal and equitable remedies against him or her. You agree to immediately notify Apimac in writing of any misuse, misappropriation or unauthorized disclosure, display or copying of the Software that may come to your attention. You agree to indemnify and hold harmless Apimac from any and all claims resulting from your use of the Software or breach of this Agreement.
You may terminate this Agreement at any time. Apimac may immediately terminate this License Agreement if you breach any representation, warranty, agreement or obligation contained or referred to in this License Agreement. Upon termination, you must dispose of the Software and all copies or versions of the Software by destroying the Software.
COPYRIGHT NOTICE. Copyright ©2019 Apimac. All rights reserved. Any rights not expressly granted in this License Agreement are reserved.
Portions of Apimac Software may utilize some copyrighted material as acknowledged in the Acknowledgments info.