END USER LICENSE AGREEMENT
Atomichelix Software Limited ("Atomichelix") licenses this
software product to you subject to the terms contained in this END
USER LICENSE AGREEMENT ("EULA").
You expressly acknowledge that you have read this EULA and understand
the rights, obligations, terms and conditions set forth herein.
By clicking on the accept button and/or continuing to install or use
the Atomichelix Software, you (i) represent you are legally able to
enter into a binding and enforceable agreement; (ii) expressly consent
to be bound by these terms and conditions; (iii) grant to Atomichelix
the rights set forth herein.
If you are unable to legally enter into or be bound by the terms of
this agreement, for example if you are under the age of eighteen (18),
in order to be granted the license set forth herein, you must have your
parent or legal guardian accept this EULA on your behalf. By accepting
this agreement on your behalf, your parent or legal guardian guarantees
full performance of the terms and conditions hereof by you.
If you do not agree with the terms of this EULA, do not download,
install, copy or use the software.
This EULA is a contract between you and Atomichelix, which governs your
use of the Atomichelix software entitled "Atomichelix Notify!"
(together with any accompanying documentation provided, collectively the
"Atomichelix Software"). The Atomichelix
Software is intended for use on a personal computer or portable electronic
device only. In addition to the terms and conditions set forth in
this EULA, your use of the Atomichelix Software is subject to
Atomichelix’s
Privacy
Policy and
Terms of Use.
The Atomichelix Software is licensed, not sold. Subject to the terms and
limitations of this EULA, Atomichelix hereby grants you a non-exclusive,
non-transferable license, without the right to sub-license, to (i) use one
(1) copy of the provided version of the Atomichelix Software (in object
code form only) solely for your own personal use on only one (1) personal
computer or portable electronic device and (ii) use the documentation
accompanying the Atomichelix Software in connection with permitted uses
of Atomichelix Software. For the avoidance of doubt, you shall have
no right to use the Atomichelix Software for any commercial purpose.
YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) RENT, LEASE, SUBLICENSE,
SELL, ASSIGN, LOAN, USE FOR TIMESHARING OR SERVICE BUREAU PURPOSES OR
OTHERWISE TRANSFER THE ATOMICHELIX SOFTWARE OR ANY OF YOUR RIGHTS AND
OBLIGATIONS UNDER THIS AGREEMENT. You may not (and may not allow a
third party to): (a) reverse engineer, decompile, disassemble or attempt
to reconstruct, identify or discover any source code, underlying ideas,
underlying user interface techniques or algorithms of the Atomichelix
Software by any means whatsoever, except to the extent the foregoing
restrictions are expressly prohibited by applicable law; (b) remove or
destroy any copyright notices or other proprietary markings; (c) attempt
to circumvent any use restrictions; (d) modify or adapt the Atomichelix
Software, merge the Atomichelix Software into another program or create
derivative works based on the Atomichelix Software; or (e) use, copy or
distribute the Atomichelix Software without Atomichelix’s written
authorization, except that you may make one (1) copy of the Atomichelix
Software for archival or backup purposes only.
3. Licenses Required for Third-Party Software
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The Atomichelix Software facilitates your use of your data and third party
software on a personal computer or electronic device. The third party
software may come pre-packaged with the Atomichelix Software you install
pursuant to this EULA, or you may install the third party software after
you install the Atomichelix Software. You are solely responsible for
obtaining, and complying with, any third party licenses to permit you to
use such third party software in conjunction with the Atomichelix Software.
This EULA does not grant you any rights or permissions with respect to any
third party software.
4. Proprietary Rights Reserved By Atomichelix
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Atomichelix retains all right, title, and interest in and to the Atomichelix
Software and in all related copyrights, trade secrets, patents, trademarks,
and any other intellectual property and proprietary rights. Atomichelix
retains all rights not expressly granted to you.
THIS AGREEMENT SHALL BE EFFECTIVE UPON INSTALLATION OF THE ATOMICHELIX SOFTWARE
AND SHALL TERMINATE UPON THE EARLIER OF: (A) YOUR FAILURE TO COMPLY WITH
ANY TERM OF THIS AGREEMENT OR (B) RETURN, DESTRUCTION OR DELETION OF ALL COPIES
OF THE ATOMICHELIX SOFTWARE IN YOUR POSSESSION. Atomichelix’s rights
and your obligations shall survive any termination of this Agreement.
Upon termination of this Agreement by Atomichelix, you shall certify in writing
to Atomichelix that all copies of the Atomichelix Software have been destroyed
or deleted from any of your computer libraries or storage devices.
Atomichelix warrants that the Atomichelix Software will be substantially free from
defects for a period of ninety (90) days after your initial download of the
Atomichelix Software. Atomichelix’s entire liability and your exclusive
remedy for breach of this warranty shall be repair or replace of the Atomichelix
Software. This limited warranty shall be void if failure of the Atomichelix
Software has resulted from any accident, abuse, misuse or misapplication by you.
Except as provided above, to the extent permitted by local law, the Atomichelix
Software is being provided to you on an "AS IS" basis, without any
technical support, and Atomichelix makes no warranty of any kind regarding its use
or performance. YOU ASSUME ALL RESPONSIBILITY FOR SELECTION OF THE ATOMICHELIX
SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION OF, USE OF AND
RESULTS OBTAINED FROM THE ATOMICHELIX SOFTWARE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ATOMICHELIX DISCLAIMS ALL WARRANTIES, EITHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, NONINFRINGEMENT, QUALITY, ACCURACY, FITNESS FOR A PARTICULAR
PURPOSE, AND FITNESS FOR YOUR PURPOSE WITH RESPECT TO THE ATOMICHELIX SOFTWARE AND
ANY ACCOMPANYING WRITTEN MATERIALS. THERE IS NO WARRANTY AGAINST INTERFERENCE
WITH THE ENJOYMENT OF THE ATOMICHELIX SOFTWARE OR AGAINST INFRINGEMENT.
ATOMICHELIX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ATOMICHELIX
SOFTWARE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL
DEFECTS IN THE ATOMICHELIX SOFTWARE WILL BE CORRECTED.
7. Limitation of Liability
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ATOMICHELIX BE
LIABLE FOR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY OTHER DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF
LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR
OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY
NOT APPLY TO YOU.
ATOMICHELIX’S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE
LICENSE FEES, IF ANY, PAID BY YOU TO ATOMICHELIX FOR THE ATOMICHELIX PRODUCT
LICENSED TO YOU UNDER THIS EULA.
THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, REGARDLESS OF WHETHER ATOMICHELIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Government Restrictions
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You may not export or re-export the Atomichelix Software except in compliance with the
rules and regulations for Canadian government restrictions, if applicable. The
Atomichelix Software and accompanying documentation are deemed to be "commercial
computer software" and "commercial computer software documentation".
Any use, modification, reproduction, release, performing, displaying, or disclosing
of the Atomichelix Software by the Canadian Government shall be governed solely by
the terms of this EULA.
This EULA is governed by the laws of the Province of Ontario and Canada, without regard
to conflict of law principles. This EULA is the entire agreement between us and
supersedes the terms of any purchase orders and any other communications or advertising
with respect to the Atomichelix Software. If any provision of this EULA is held
invalid, the remainder of this EULA shall continue in full force and effect. This
EULA may be modified only by written agreement signed by authorized representatives of
you and Atomichelix. You may not assign any rights or obligations hereunder
without the prior written consent from Atomichelix.
You may not disclose the results of any benchmark test of Atomichelix Software to any
third party without Atomichelix’s prior written approval.
You are encouraged to provide Atomichelix with any feedback or comments regarding
your use of the Atomichelix Software. You acknowledge and agree that Atomichelix
shall be free to use and disclose any and all such feedback in whatever manner and for
whatever purposes it chooses without restriction and that you will not claim any
proprietary or intellectual property rights in such feedback. You shall not
disclose any feedback to Atomichelix if you cannot comply with the foregoing.
If you have any questions about this EULA, or if you want to contact Atomichelix for
any reason, please email Atomichelix at
support@atomichelix.com.
Atomichelix Software Limited – Last revised: May 23rd, 2008
