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Software License Agreement
IMPORTANT-PLEASE READ CAREFULLY
This End-User License Agreement ("EULA") is a legal agreement between you and Sunex Inc.. ("Sunex"), which governs your use of Sunex software ("SOFTWARE"). If you agree to be legally bound by the terms of this EULA, you may proceed to order SOFTWARE on this website in accordance with the terms of this EULA. If you do not agree to the terms of this EULA, Sunex shall not be deemed to have licensed the SOFTWARE to you. In such case, you are not authorized by Sunex and you may not use the SOFTWARE.
Terms and Conditions.
The SOFTWARE is a copyrighted material and is protected by intellectual property laws. All rights, titles and interest in and to the SOFTWARE and the files associated therewith are owned by Sunex. The foregoing rights to the SOFTWARE are licensed to you on a limited basis as prescribed in the following Article 2. In any event, this provision should not be construed in any way, as an expression to assign or sell any copyrights of, or any other intellectual property rights to, from Sunex to you.
2.Grant of License.
2.1 Sunex grants you a non-exclusive, non-transferable license to install and use one (1) copy of the SOFTWARE on one (1) computer hardware.
2.2 Sunex further grants you a license to make only one (1) copy of the SOFTWARE at all times, solely for archival purposes, which such copy shall attach and stipulate all copyright and intellectual property rights notices.
2.3 Except for expressly stipulated in Sections 2.1 and 2.2 above, Sunex does not grant you any license relating to the SOFTWARE. Except to the extent expressly permitted by applicable law, you may not, (i) make any copies of the SOFTWARE except as expressly permitted in accordance with Sections 2.1 and 2.2 of this EULA, (ii) modify the SOFTWARE, (iii) reverse engineer, disassemble, decompile or use the SOFTWARE to create any derivative software, (iv) use the SOFTWARE on more than one (1) computer hardware concurrently, (v) rent or lease the SOFTWARE, (vi) make available to download the SOFTWARE to the public, or (vii) transfer the SOFTWARE to any third person or parties by wire or any other means.
TO THE EXTENT ALLOWED BY LAW, THIS SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. SUNEX SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE.
4.Limitation of Liability.
IN NO EVENT SHALL SUNEX BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE OF DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SOFTWARE, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. YOUR USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL SERVICE, REPAIR OR CORRECTION AND, TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO UNCONDITIONALLY WAIVE ALL STATUTORY OR OTHER RIGHTS THAT MAY BE HELD BY YOU AGAINST SUNEX IN RESPECT OF SUCH DEFECT. Notwithstanding the above, these terms do not purport to limit the statutory rights of a consumer that cannot be waived under the applicable law.
This EULA will become effective upon your acceptance and continue in effect unless you cease to use the SOFTWARE. However, Sunex may terminate this EULA without notice.
This EULA is governed and controlled under the jurisdiction of the laws of the state of California. If any of the provisions of this EULA shall be declared void, such provisions shall be severable and independent from the other provisions of this EULA, and the validity of the other provisions and of the entire EULA shall not be affected.