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CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT.
(It is recommended that you print this agreement and keep it as a reference)
By clicking the “Accept” button or by downloading, installing or using the Software, the individual
or entity licensing the product (“You”) agrees to be bound by this License Agreement. If you do not
agree to all of the terms or part of them in this Agreement, click “Decline”, and thus you must not
download, install or use the Software.
Definitions
"You" means the person or company who is being licensed to use the Software or Documentation. "We,"
"us," and "our" each mean Conkurent LLC.
License Grant
We hereby grant you a nonexclusive license to use one copy of the Software on any single computer,
provided the Software may only be in use on one computer at any time.
Title
We retain all ownership and intellectual property rights in our Software, including title,
logo, copyright, or other proprietary notices, legends, symbols or labels, and interest in
the Software and related explanatory written materials ("Documentation").
Archival or Backup Copies
You may copy the Software for back up and archival purposes, provided that the original
and each copy is kept in your possession and that your installation and use of the Software
does not exceed that allowed in the "License Grant" section above.
Restrictions
The Software and Documentation are protected by Ukrainian, United States, and other copyright laws and international treaties.
Therefore, you may not:
- copy the Documentation,
- copy the Software except to make archival or backup copies as provided above,
- sublicense, or lend the Software or Documentation
- modify or remove any copyright notices from any of the Software files
- reverse engineer, disassemble, decompile, or make any attempt to modify the source code of the Software
- you may not transfer your rights to use the Software and Documentation to another person or legal entity.
Limited Warranty
We warrant that for a period of 90 days after delivery of this copy of the Software to you: The Software
will perform in substantial accordance with the Documentation. To the extent permitted by applicable law,
THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know
or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is
authorized to modify this limited warranty, neither to make any additional warranties. SOME STATES DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limited Remedy
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our
option, to either: return the price you paid, or repair or replace the Software that does not meet the
foregoing warranty if it is returned to us with a copy of your receipt. IN NO EVENT WILL WE BE LIABLE
TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY.
Technical Support
Technical support is provided via email, online instant messengers, and online forums.
End of Agreement
This License Agreement takes effect upon your use of the Software and remains effective until terminated.
You may terminate it at any time by destroying all copies of the Software and Documentation in your
possession. It will also automatically terminate if you fail to comply with any term or condition of
this license agreement. You agree, on termination of this license, to destroy all copies of the Software
and Documentation in your possession.
Confidentiality
The Software contains proprietary information and know-how that belongs to us, and it is being made
available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OTHER THAN IN STRICT
ACCORDANCE WITH THIS LICENSE AGREEMENT, IS FORBIDDEN, AND MAY BE ACTIONABLE AS A VIOLATION OF OUR
PROPRIETY RIGHTS.
General Provisions
You agree that this License Agreement is the exclusive agreement between You and Us concerning the Software
and Documentation and supersedes any prior purchase order, communication, or representation concerning
the Software.
This Agreement may not be modified except by a writing executed by both parties hereto.
In the event of litigation between you and us concerning the Software or Documentation, the prevailing
party in the litigation will be entitled to recover attorney fees and expenses from the other party.
This license agreement is governed by the laws of Ukraine and the laws of United States applicable therein,
without reference to principles of conflicts of laws. The courts located in Kiev, Ukraine, and the
courts of appeal from those courts, will have exclusive jurisdiction to hear any and all proceedings
and disputes in any way related to the Software, the Documentation, or this Agreement.
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