This EDSA (EDSA) End-User License Agreement ("EULA") is a legal agreement between you (either an individual or single entity, hereafter referred to a Licensee) and EDSA Micro Corporation (hereafter referred to as Licensor) for the PALADIN Live Server software, EDSA Power Analytics, the underlying databases, any associated device drivers, and any printed materials which may include online or electronic documentation ("Software Product"). By installing or otherwise using the Software Product, Licensee agrees to be bound by the terms of this EULA. If Licensee does not agree to the terms of this EULA, promptly notify:
EDSA Micro Corporation
16870 West Bernardo Drive #330
San Diego, CA 92127
USA
Software Product License
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. No right, title or interest in the Software Product is transferred in granting this license.
1. GRANT OF LICENSE
This EULA grants Licensee the following rights:
Paladin Live Server Software: Licensee may install and use only licensed copies of the PALADIN Server software installed on a separate computer dedicated to PALADIN Server software tasks. A single license for the PALADIN Server software may not be shared or used concurrently on more than one computer.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, De-compilation and Disassembly: Licensee may not reverse engineer, decompile and/or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
De-compilation and Disassembly: Rental: Licensee may not rent or lease this Software Product.
Software Transfer: Licensee may permanently transfer all of its rights under this EULA, provided that Licensee retains no copies, Licensee transfers all of the Software Product and the recipient agrees to the terms of this EULA. If the Software Product is an upgrade, any transfer must include all prior versions of the Software Product.
Termination: Without prejudice to any other rights, EDSA may terminate this agreement if Licensee fails to comply with the terms and conditions of this EULA. In such an event, Licensee must destroy all copies of the Software Product and all component parts.
3. COYRIGHT
All title and copyrights in and to the Software Product (including but not limited to images, renderings, icons, animations, one lines, database structure, monitoring parameters, device drivers, audio and "applets" incorporated into the Software Product) are owned by either EDSA. The Software Product is protected by copyright laws and international treaty provisions. Therefore, Licensee must treat the Software Product like any other copyrighted material except that Licensee may either (a) make copies of the Software Product solely for backup or archival purposes, or (b) transfer the Software Product to a single hard disk provided that Licensee keeps the original solely for backup or archival purposes. Licensee may not copy the printed materials accompanying the Software Product.
4. EXPORT LAW ASSURANCES
Under the terms of this EULA, Licensee agrees that the Software Product will not be exported outside the United States except as authorized and permitted by the laws and regulations of the United States. If the Software Product has been rightfully obtained by Licensee outside the United States, then Licensee agrees that Licensee will not re-export the Software Product except as permitted by the laws and regulations of the United States, and the laws and regulation of the jurisdiction in which Licensee obtained the Software Product.
5. LIMITED WARRANTY
Licensor warrants that the Software Product will perform substantially in accordance with the accompanying written materials for a period of six months (180) days from the date of receipt.
6. CUSTOMER REMEDIES
Licensor's entire liability and Licensee's exclusive remedy shall be at Licensor's option to either: (a) provide a return of the price paid, or (b) repair or replace the Software Product that does not meet Licensor's Limited Warranty and which is returned with a copy of Licensee's receipt of purchase. This limited warranty is void if failure of the Software Product has resulted from accident, abuse or misapplication. Any replacement of the Software Product will be warranted for the remainder of the original warranty period or thirty (30) days whichever is longer.
NO OTHER WARRANTIES.
TO THE MAXIMUM EXTENT POSSIBLE PERMITTED BY APPLICABLE LAW, EDSA DISCLAIMS ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDSA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF EDSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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