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IMPORTANT – BY
DOWNLOADING OR INSTALLING THE Rife Machine Wave
Generator Software, YOU ARE INDICATING YOUR ASSENT TO
THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL
OF THE FOLLOWING TERMS, DO NOT DOWNLOAD OR INSTALL THE
SOFTWARE OR DISCONTINUE USE IMMEDIATELY AND DESTROY ALL
COPIES. – PLEASE READ THE FOLLOWING TERMS
CAREFULLY BEFORE PROCEEDING. THIS LICENSE AGREEMENT
("AGREEMENT") CONTAINS WARRANTY AND LIABILITY
DISCLAIMERS.
1. Definition.
"Software" means Rife Machine Wave Generator
Software and any related updates supplied by HL SYSTEMS
INC. "Company" means HL SYSTEMS INC.
"Client Device" means: computers,
workstations, personal digital assistants, mobile
phones, hand-held devices, or other electronic devices
for which the software was designed.
2. Free version license. You
may download install and use the free Software version
as long as you wish for evaluation purposes. Technical
support is not available to you for the free version.
3. Buy a license. This
Software is licensed, not sold. If you decide that
software suit your needs you have the option of paying
a license fee in order to be able to use the advanced
Software features. Upon your payment of the license
fee, Company provides you with a registration number
(License Key) and grants you a limited, non-exclusive
license to (a) use and install two copy of the Software
on two Client Devices; and (b) make one (1) copy of the
Software in machine-readable form solely for backup
purposes. You must reproduce on any such copy all
copyright notices and proprietary legends found on the
original. You may not transfer the rights in a backup
copy.
4. Restrictions.
4.1. You may not provide or make available by any means
the License Key to any third party. You undertake to
take such steps as are necessary in order to protect
the License Key against unauthorized use. You allow
Company and its distributors to employ technical means
in order to check the conformity of your use of the
Software to the terms of this License. Should a
multiple use of the License Key be detected, Company is
entitled to damages for the prejudice suffered and may
terminate your use of the Software without any
compensation.
4.2. Except from the
authorized copy for backup purposes, you may not make
additional copies of the Software, nor distribute them.
You may not decompile, reverse engineer or disassemble
the Software. You may not modify, adapt, translate the
Software or any parts thereof, or create derivative
works based on the Software. You may not sell, rent,
lease, sublicense, transfer, resell for profit or
otherwise distribute the Software or any part thereof.
5. Ownership and Intellectual
Property Rights. This Agreement gives you limited
rights to use the Software. Company retain any and all
rights, title and interest in and to the Software and
all copies thereof, including copyrights, patents,
trade secret rights, trademarks and other intellectual
property rights. The structure, organization and code
of the Software are valuable trade secrets and
confidential information of Company. All brand names
and product names used are trademarks or trade names of
their respective holders. All references, logos,
images, names, products, software and hardware are or
may be copyrights or trademarks of their respective
companies.
6. Limited Warranties.
6.1. Company warrants that it holds the proper rights
allowing it to license the Software and is not
currently aware of any actions which may affect its
rights to do so.
6.2. THE SOFTWARE IS PROVIDED
ON AN "AS IS" BASIS. EXCEPT AS PROVIDED IN
SECTION 6.1, COMPANY MAKES NO WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. WITHOUT LIMITATION, YOU ASSUME SOLE
RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE
YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND
RESULTS OBTAINED FROM THE SOFTWARE. COMPANY MAKES NO
WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE
FROM INTERRUPTIONS OR OTHER FAILURES. IN PARTICULAR,
THE SOFTWARE IS NOT DESIGNED FOR USE IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE. COMPANY
EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR
HIGH-RISK ACTIVITIES.
7. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT
SHALL COMPANY OR ITS DISTRIBUTORS BE LIABLE FOR ANY
DAMAGES SUFFERED BY YOU AS A RESULT OF USING THE
SOFTWARE. NEITHER COMPANY NOR ITS DISTRIBUTOR WILL BE
RESPONSIBLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND RELATED TO THE SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT
SHALL COMPANY' AGGREGATE LIABILITY TO YOU EXCEED THE
LICENSE FEE PAID BY YOU TO COMPANY HEREUNDER.
8. Duration. This Agreement
shall remain in effect until terminated by either
party. You may terminate the Agreement at any time by
destroying all copies of the Software. Company may
terminate the Agreement upon breach of your obligations
under the present Agreement.
9. General
9.1. Upgrades may be licensed
to you under additional or different terms, if so
specified in writing.
9.2. If any provision hereof
shall be held illegal, invalid or unenforceable, in
whole or in part, such provision shall be modified to
the minimum extent necessary to make it legal, valid
and enforceable, and the legality, validity and
enforceability of all other provisions of this
Agreement shall not be affected.
9.3. You may not assign this
Agreement in whole or in part, without Company' prior
written consent. Any attempt by you to assign this
Agreement without such consent will be null and void.
9.4. This Agreement contains
the entire agreement between Company and you relating
to the Software and supersedes all prior agreements and
understandings, whether oral or written. All questions
concerning this Agreement shall be directed to us by
e-mail - support@rifewave.com
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