End-User License Agreement (EULA)
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING OR LICENSING THIS SOFTWARE. By using this software, you are agreeing to be bound by all terms of this License. If you do not agree to the terms of this License, you must immediately cease to use this software and return all software, documentation, and licensing keys.
In consideration of payment of the License fee, which is a portion of the price you paid, the software, including any images incorporated in or generated by the software, and data accompanying the License (the "Software") and related documentation are licensed (not sold) to you by HURKIN, LLC. HURKIN, LLC does not transfer title to the Software to you; this License shall not be considered a "sale" of the Software. HURKIN, LLC retains full and complete title to the Software and accompanying documentation, and all intellectual and industrial property rights therein. This non-exclusive and personal License gives you the right to use and display this copy of the Software. This license replaces and supersedes all previous license agreements.
LICENSES AND MAINTENANCE
Licenses are granted on per-person, per-user, or per-machine basis depending upon the type of license purchased. Without an active subscription, all licenses are invalid and use of the software is prohibited.
All title and copyrights in and to the software product (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the software product), the accompanying printed materials, and any copies of the software product, are owned by the software manufacturer or its suppliers. The software product is protected by copyright laws and international treaty provisions.
The Software contains copyrighted material, trade secrets, and other proprietary material. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. Except as provided for in this License, you may not copy, modify, network, rent, lease, or otherwise distribute the Software; nor can you create derivative works or any other works that are based upon or derived from the Software in whole or in part. You may not transfer the Software to another party. You may not transfer any license 'key' to any other party for any reason. This software is for NON-GOVERNMENTAL use only.
This License is effective until terminated by either party. You may terminate this License at any time by destroying the Software, all 'keys' you have, all related documentation, and all copies and installations thereof, whether made under the terms of this License or otherwise. This License will terminate immediately without notice from HURKIN, LLC if you fail to comply with any provision of this License. Upon termination, you must destroy the Software, all 'keys' you have, all related documentation, and all copies and installations thereof, whether made under the terms of this License or otherwise. License fees are non-refundable after 30 days from the purchase date.
You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS-IS" and without warranties and/or conditions of any kind either express or implied. HURKIN, LLC expressly disclaims all warranties and/or conditions, express or implied, with respect to the software and related documentation, including, but not limited to, the implied warranties and/or conditions of merchantability and fitness for a particular purpose. HURKIN, LLC does not warrant that the functions contained in the software will be uninterrupted or error-free, or that defects in the Software will be corrected. Furthermore, HURKIN, LLC does not warrant or make any representations regarding the use or the results of the use of the Software and related documentation in terms of their correctness, accuracy, reliability, or otherwise. The limitations of liabilities described in this section also apply to the third party suppliers of materials used in the software. No oral or written information or advice by HURKIN, LLC or a HURKIN, LLC authorized representative shall create warranties and/or conditions or in any way increase the scope of this limited warranty. You (and not HURKIN, LLC) assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall HURKIN, LLC be liable for any special or consequential damages that result from the use of, or the inability to use, the software or related documentation, even if HURKIN, LLC or a HURKIN, LLC authorized representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall HURKIN, LLC'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 for the Software in licensing fees. Licensee agrees without limitation to save, defend and hold harmless the Licensor, its Licensors, agents and employees, from any and all direct or indirect charges, claims, actions or damage caused or claimed by any person or entity to be caused or contributed to, directly or indirectly, by Licensee's use of the product.
"SUPPORT" constitutes any activities by HURKIN, LLC or a HURKIN, LLC authorized representative that assist a software product licensee in the normal operation or maintenance of the software product, not the delivery of a remedy for a particular problem. Support will be billed at an hourly rate, with a minimum one hour labor charge. Licensee agrees to pay incident support fees within 15 days of the support incident. A twenty-five (25) dollar fine will be charged for NSF checks. Failure to pay for support in accordance with this agreement will incur late fees of up to 12% APR or $35, whichever is more. Failure to pay may also terminate this software license according to the termination clause. Support policies and prices are subject to change without notice.
If Hosted Services are made available to you by HURKIN, LLC, then you acknowledge and agree to the following: (i) the Hosted Services are obtained from hosting providers and that HURKIN, LLC shall have no liability to You related to the use, operation, failure or inaccessibility of the Hosted Services or the actions or inactions of the Hosting Provider; (ii) You represent and warrant that You have all necessary rights to any data stored on or sent through the Hosted Services (“Your Data”) and that use of Your Data as contemplated herein does not violate any third party rights; (iii) You hereby grant HURKIN, LLC and applicable Hosting Providers the right to use, copy, and transmit Your Data for use with the Hosted Services; (iv) You agree to comply with the usage restrictions of the Hosting Provider (“Usage Restrictions”); (v) any remedy exercisable by a Hosting Provider based on your use of the Hosted Services may be exercised by HURKIN, LLC under and as part of this Agreement; and (vi) You shall indemnify, defend and hold HURKIN, LLC harmless from and against any claims, losses, liabilities, damages, costs (including reasonable attorneys fees) and expenses arising from its breach of this section.
Requests for product customizations may be made in writing to HURKIN, LLC. The right to decide content for future versions (if any) of the software product are held solely by HURKIN, LLC.
GOVERNING LAW AND SEVERABILITY
This License shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. If any provision of this License shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this License and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.