*** PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING TO INSTALL THIS SOFTWARE PROGRAM ***
The Orbic North America, LLC (hereinafter "Orbic") End User License Agreement (hereinafter referred to as the "EULA") is a legal agreement or contract between you (either an individual or a single entity) and Modus and you expressly agree that this EULA governs your use of the Orbic software products described by the commercial name "Orbic," which may include associated software components, media, printed materials and "online" or electronic documentation ("Software Product"). By installing, copying or otherwise using the Software Product, you agree to be bound by the terms of this EULA. This EULA represents the entire agreement concerning the program or the Software Product between you and Orbic (also referred to as the "licensor"), and it supersedes any prior proposal, representation or understanding between the parties. If you do not agree to the terms of this EULA, you should not install or use the Software Product. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold and any and all intellectual property rights in the Software Product remain at all times the property of Orbic or its suppliers.
1. GRANT OF LICENSE. The Software Product is licensed as follows:
Installation and Use. Orbic grants to you the right to install and use copies of the Software Product on your computer, phone or other device, which is running a validly licensed copy of the operating system for which the Software Product was designed, including but not limited to Windows 95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME and Windows Vista. Such license is non-exclusive and nontransferable.
Backup Copies. You may only make backup copies of the Software Product for backup or archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any or all copies of the Software Product.
Distribution. You may not distribute registered copies of the Software Product to third parties.
Prohibition of Reverse Engineering, Decompiling and Disassembly. You may not reverse engineer, decompile or disassemble the Software Product, except to the extent that such activity is expressly permitted by applicable law, notwithstanding this prohibition and provided notice is provided to Orbic.
Rental. You may not rent, lease or loan the Software Product for any purpose.
Support Services. Orbic may or may not provide you with support services to support your use of the Software
Product ("Support Services").Any supplemental software code provided to you as part of the Support Services shall be considered to be part of the Software Product and there by subject to the terms and conditions of this EULA.
Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the Software Product.
TERMINATION. Without prejudice to any other rights, Orbic may terminate this EULA if you fail to comply with its terms. In such event, you must destroy and no longer use any and all copies of the Software Product you possess or have possessed.
COPYRIGHT. All title, including but not limited to copyrights, in and to the Software Product and any copies thereof are owned by Orbic or its suppliers. All title and intellectual property rights in and to the content you may find on the Software Product, which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws or treaties. This EULA grants no rights to use or own such content. All rights not specifically and expressly granted to you herein are reserved by and for Orbic. Orbic takes no responsibility for any content found on the Software Product.
NO WARRANTIES. Orbic expressly disclaims any warranty for the Software
Product.The Software Product is provided "as is" without any express or implied warranty of any kind, including but not limited to warranties of merchantability, noninfringement of third-party intellectual property rights or fitness for a particular purpose. Orbic does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained in the Software Product. Orbic makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. Orbic further expressly disclaims any warranty or representation to Authorized Users or to any third party.
LIMITATION OF LIABILITY. In no event shall Orbic, its resellers, its distributors or any sub-reseller or sub‑distributor, or any agent or
representatives of any of the foregoing (collectively, the "Orbic Resellers"), be liable for any damages (including, without limitation, lost profits, business interruption or other business loss or lost information)arising out of Authorized Users' use of or the inability to use the Software Product, even if Orbic or a Orbic Retailer has been advised or notified of the possibility of such damages. In no event will Orbic or any Orbic Reseller be liable for loss of data or for indirect, special, incidental, consequential (including lost revenue or profits) or other damages based in contract, tort or other theory of recovery neither Orbic nor any Orbic Reseller shall have any liability with respect to the content of the Software Product or any part thereof, including but not limited to errors or omissions contained there libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. Neither Orbic nor any Orbic Reseller takes any responsibility for any content placed on the Software Product by anyone or any entity. The Orbic Resellers are third party beneficiaries to this EULA in respect of the provisions in this section which refer to the Orbic Resellers and each Orbic Reseller is entitled to enforce its rights under this section.
REPRESENTATIONS AND WARRANTIES. You represent and warrant that your usage of the Software Product will only be for lawful purposes and in accordance with this EULA and all applicable laws generally. You also represent and warrant that you will not use the Software Product to violate any laws, regulation or ordinance, including, without limitation, any right of privacy, publicity or any intellectual property right nor will you aid any third party in violating any such laws, regulations, rights, etc. You represent and warrant that you are at least of the age to enter into agreements such as this EULA in the jurisdiction in which you reside. If it becomes known that you are not of such age, Orbic shall take thesteps necessary to terminate this EULA and you will be required to cease your use of the Software Product and destroy any copies of the Software Product in your possession.
AMENDMENTS AND MODIFICATIONS. Orbic reserves the right in its absolute discretion, to change, modify, amend or otherwise revise from time to time this EULA, with or without a release of new Software Products.
GOVERNING LAW. This EULA shall be governed by and construed in accordance with the laws of the State of New York, USA, excluding its conflicts of laws rules. However, notwithstanding this previous statement, you may be subject to other state, local, federal, national or international laws. You agree that exclusive jurisdiction is in the courts in New York USA.