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EULA

END-USER LICENSE AGREEMENT

 

IMPORTANT! READ CAREFULLY: THIS END-USER LICENSE AGREEMENT (THIS “EULA”) IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU THE LICENSEE, ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THIS SOFTWARE.

Licensor reserves all rights in and to the Licensed software not expressly granted to you under this EULA.

  1. ACKNOWLEDGEMENT: Licensor and End-User acknowledge that this EULA is between Licensor and End-User only, and Licensor is solely responsible for the EULA and the content thereof.
  1. SCOPE OF LICENSE: This license granted to you for the Licensed Product by Licensor is limited to a nontransferable license to use the Licensed Product on any computer or device that you own or control.
  1. MAINTENANCE AND SUPPORT: Licensor is solely responsible for providing maintenance and support services, if any, with respect to the Licensed Product, or as required under applicable law.
  1. NO WARRANTIES: Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. Licensor expressly disclaims any warranty for the Licensed Product.

THE LICENSED PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE LICENSED PRODUCT REMAINS WITH YOU THE END-USER.

  1. PRODUCT CLAIMS: Licensor and End-User acknowledge that Licensor is responsible for addressing any claims of the End-User or any third party relating to the Licensed Product or the End-User’s possession and/or use of that Licensed Product, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Product fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  1. INTELLECTUAL PROPERTY RIGHTS: Licensor and the End-User acknowledge that, in the event of any third party claim that the Licensed Product or the End-User’s possession and use of that Licensed Product infringes that third party’s intellectual property rights, Licensor will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  1. LIMITATION OF LIABILITY: IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO END-USER FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE LICENSED PRODUCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, LICENSOR’S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY END-USER.

This EULA does not limit Licensor’s liability to End-User beyond what is permitted by applicable law.

  1. LEGAL COMPLIANCE: The End-User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
  1. LICENSOR’S ADDRESS: Any End-User questions, complaints or claims with respect to the Licensed Product should be directed to:
            PilotFish, Inc.
            100 Roscommon Dr, Ste 220
            Middletown, CT 06457
            860-632-9900 Ext. 305

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