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Abykus License Agreement (EULA)


Abykus 3.0 (Evaluation Version) - License Agreement You ("the Licensee") should carefully read the terms and conditions of this software license agreement ("this Agreement") before downloading, copying, installing, or otherwise using the EVALUATION VERSION of Abykus and the accompanying files and documents ("this Software"). This Software is protected by the United States copyright laws and other applicable national and international laws and treaties. Using this Software in any form, indicates your acceptance of this Agreement. If you do not want to be bound by the terms and conditions of this Agreement, you must immediately delete and/or destroy all copies of this Software. Your rights to use this Software automatically terminate, if you fail to comply with any provision of this Agreement. The author and copyright holder ("the Owner") retains full ownership of this Software and reserves all rights not expressly granted to the Licensee, including the right to revoke the Licensee's rights to use and/or distribute this Software at any time, for any reason. The Licensee is permitted to: 1) use this Software for demonstration or evaluation purposes only; 2) make copies of this Software for backup purposes; 3) distribute exact copies of this Software; 4) retain any worksheets or files generated by this Software. The Licensee is NOT permitted to: 1) distribute incomplete or altered copies of this Software; 2) combine and/or distribute this Software with any product without prior written permission of the Owner; 3) charge, lease, rent, request donations, or receive payment in any form for copies of this Software; 4) modify, de-compile, disassemble, or reverse engineer this Software; 5) create derivative works based on this Software; 6) use this Software as the basis for providing services to others; 7) use this Software for commercial or production purposes. This Agreement shall remain in effect until superseded by a newer version of this Software. Upon termination of this Agreement, the Licensee will immediately cease use of and delete and/or destroy all copies of this Software. Termination of this Agreement constitutes the termination of the license. WARRANTY DISCLAIMER THIS SOFTWARE IS LICENSED "AS IS" WITH NO SUPPORT AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES WHATSOEVER. THE LICENSEE MUST ASSUME THE ENTIRE RISK: 1) OF USING THIS PRODUCT; 2) OF ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS OR INFORMATION) RESULTING FROM ITS USE; 3) FOR ITS FITNESS FOR ANY PARTICULAR PURPOSE; 4) OF DAMAGES RESULTING FROM MODIFICATIONS AND OR VIRUSES MADE OR CAUSED BY OTHERS; AND 5) FOR ANY LIABILITY OR DAMAGES WITH RESPECT TO ANY CLAIM BY ANY THIRD PARTY ARISING FROM THE USE OF THIS SOFTWARE. UNDER NO CIRCUMSTANCE WILL LIABILITY EXCEED THE ORIGINAL PURCHASE PRICE OF THE LICENSED SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. This agreement shall be governed by the laws of the State of Colorado. Any action or proceeding brought by either party against the other, arising out of or related to this Agreement, shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in the State of Colorado. The parties hereby consent to in personam jurisdiction of said courts.
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