Plugin Alliance EULA

PLUGIN ALLIANCE LLC, USA
Software License Agreement

Product: Software Plug-in

ATTENTION:

USE OF THE SOFTWARE AND ASSOCIATED DOCUMENTATION ("SOFTWARE") THAT YOU HAVE LICENSED FROM PLUGIN ALLIANCE LLC, USA ("PLUGIN ALLIANCE") IS SUBJECT TO THE PLUGIN ALLIANCE LICENSE TERMS SET FORTH BELOW ("AGREEMENT"). USING THE PLUGIN ALLIANCE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. THE SOFTWARE MAY BE DISTRIBUTED WITH SOFTWARE OR COMPONENTS FORM THIRD PARTIES ("THIRD PARTY SOFTWARE"). USE OF THIRD-PARTY SOFTWARE IS ALSO SUBJECT TO THE TERMS OF THIS EULA, AND REFERENCES TO SOFTWARE SHALL INCLUDE THIRD PARTY SOFTWARE.

SOFTWARE LICENSE TERMS

The following terms govern your use of the enclosed Software unless you have a separate written agreement with PLUGIN ALLIANCE.

License Grant

PLUGIN ALLIANCE grants you a license to use the Software on up to three (3) hardware units (computers or USB sticks) simultaneously pursuant to the terms of this Agreement. "You" means the company, entity or individual licensing the Software. "Use" means storing, loading, installing, executing or displaying the software as intended pursuant to the terms of this Agreement. The Software is not supplied for use on a network or multi-user system. In such cases, additional licenses must be requested from PLUGIN ALLIANCE. Additional licenses can be purchased at discount rates. Please contact the sales support at https://plugin-alliance.com/en/sales.html.

Restrictions

You may not (i) copy the Software, except for purposes consistent with this Agreement; (ii) transfer the Software to a third party; (iii) modify, decompile, disassemble, decrypt, reverse engineer or otherwise attempt to derive the source code of the Software; (iv) export the Software in contravention of applicable U.S. and foreign export laws and regulations; (v) use the Software other than in connection with operation of the Software; (vi) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Software, including any copy thereof.

Ownership

The Software, and all intellectual property rights therein, including without limitation copyrights, is owned by PLUGIN ALLIANCE or its third party suppliers and is protected by domestic and international laws. Your license confers no title or ownership in the software and should not be construed as a sale of any right in the software, but it authorizes you to work with the software as a user-provided you adhere to the terms of this Agreement

Updates

PLUGIN ALLIANCE may from time to time in its sole discretion develop and provide Software updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that PLUGIN ALLIANCE has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Indemnification

You agree to indemnify, defend and hold harmless PLUGIN ALLIANCE and its officers, directors, employees, agents, affiliates, successors, third party licensors, suppliers and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Software or your breach of this Agreement.

Transfer

Your license will automatically terminate upon any transfer of the Software. Software rental is not allowed. Upon transfer, you must deliver the original and all complete, partial or electronically stored copies of the Software and related documentation to the transferee. The transferee must accept this Agreement as a condition to the transfer.

Third-Party Materials

The Software may display or provide links to third-party websites or services, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that PLUGIN ALLIANCE is not responsible for Third-Party Materials. The Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

DISCLAIMER OF WARRANTIES

EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. PLUGIN ALLIANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THIRD-PARTY MATERIALS, INCLUDING THEIR CORRECTNESS, TIMELINESS, ACCURACY, FUNCTIONALITY, RELIABILITY, NONINFRINGEMENT OR OTHERWISE

LIMITATION OF LIABILITY

IN NO EVENT SHALL PLUGIN ALLIANCE, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, DAMAGED EQUIPMENT, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THIRD-PARTY MATERIALS, EVEN IF PLUGIN ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PLUGIN ALLIANCE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE DURING THE PRECEEDING SIX MONTHS FROM THE DATE OF THE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

Termination

PLUGIN ALLIANCE may terminate your license upon notice for failure to comply with this Agreement. Upon termination, you must immediately destroy the Software together with all copies, adaptations and merged portions in any form.

Export Requirements

You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.

Collection of your Information

You acknowledge that when you download, install or use the Software, PLUGIN ALLIANCE may collect information about you and your use of the Software. All information we collect through or in connection with this Software is subject to our Privacy Policy http://www.plugin-alliance.com/en/privacy-policy.html. By downloading, installing, using the Software or providing your information to PLUGIN ALLIANCE, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Notice to U. S. Government End Users.

The Software is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefore, you receive only those rights with respect to the Software as are granted to all other end users under this Agreement, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

General Provisions

Claims arising under this Agreement shall be governed by the laws of California, USA, You agree to consent to the exclusive jurisdiction of the courts located in Santa Clara County. PLUGIN ALLIANCE is not obligated under any other agreements unless they are in writing and signed by an authorized representative of PLUGIN ALLIANCE. This Agreement, along with the PLUGIN ALLIANCE Privacy Policy, constitute the entire agreement between you and PLUGIN ALLIANCE. If any provision or portion thereof of this Agreement is found by any court, tribunal or administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from this Agreement and the remaining Agreement will remain in full force and effect. Failure of PLUGIN ALLIANCE to exercise or enforce any of its rights under this Agreement will not act as a waiver of such rights unless expressly agreed to in writing.