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IMPORTANT-READ CAREFULLY: This
End-User License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and X|support for the software
product called “Active Directory Assistant”. By installing, copying, or
otherwise using the product, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, do not install or use the
product.
The
product is protected by copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties. The product is licensed,
not sold.
The
product is licensed as follows:
·
Installation and Use. X|support grants you the right to install
and use copies of the product on your computers for which the product was
designed.
·
Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on all copies of the
product.
·
Distribution.
You may not distribute copies of the product to third parties without prior notice
of X|support.
·
Prohibition on Reverse Engineering, Decompilation, and
Disassembly.
You may not reverse engineer, decompile, or disassemble the product, except and
only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
·
Rental.
You may not rent, lease, or lend the product without prior notice of X|support.
·
Transfer.
You may permanently transfer all of your rights under this EULA, provided the
recipient agrees to the terms of this EULA.
·
Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the product.
Without
prejudice to any other rights, X|support may terminate this EULA if you fail to
comply with the terms and conditions of this EULA. In such event, you must
destroy all copies of the product.
All
title, including but not limited to copyrights, in and to the product and any
copies thereof are owned by X|support. All title and intellectual property
rights in and to the content which may be accessed through use of the product
is the property of the respective content owner and may be protected by
applicable copyright or other intellectual property laws and treaties. This
EULA grants you no rights to use such content. All rights not expressly granted
are reserved by X|support.
To
the maximum extent permitted by applicable law, X|support provide the product
AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions,
either express, implied or statutory, including, but not limited to, any (if
any) implied warranties or conditions of merchantability, of fitness for a
particular purpose, of lack of viruses, of accuracy or completeness of
responses, of results, and of lack of negligence or lack of workmanlike effort,
all with regard to the product. ALSO, THERE IS NO WARRANTY OR CONDITION OF
TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR
NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO
THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND
SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL X|SUPPORT BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR
CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL
INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD
FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR
OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF
THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF X|SUPPORT OR ANY SUPPLIER,
AND EVEN IF X|SUPPORT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Notwithstanding
any damages that you might incur for any reason whatsoever (including, without
limitation, all damages referenced above and all direct or general damages),
the entire liability of X|support under any provision of this EULA and your
exclusive remedy for all of the foregoing shall be limited to the greater of
the amount actually paid by you for the product or EUR 1.00. The foregoing
limitations, exclusions and disclaimers shall apply to the maximum
extent
permitted by applicable law, even if any remedy fails its essential purpose.
Should
you have any questions concerning this EULA, or if you desire to contact X|support
for any reason, please contact X|support at:
support@xsupport.nl