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eScan Software End User License Agreement

NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (“AGREEMENT”), FOR THE LICENSE OF eScan (“SOFTWARE”) PRODUCED BY MICROWORLD SOFTWARE SERVICES PVT. LTD. (“MICROWORLD”).

IF YOU HAVE PURCHASED THIS SOFTWARE VIA THE INTERNET BY CLICKING THE ACCEPT BUTTON, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE.

IF YOU HAVE PURCHASED THIS SOFTWARE ON A PHYSICAL MEDIUM, HAVING BROKEN THE CD’S SLEEVE YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT BREAK THE CD’s entire SLEEVE, DOWNLOAD, INSTALL OR USE THIS SOFTWARE. IN ACCORDANCE WITH THE LEGISLATION, REGARDING eScan SOFTWARE INTENDED FOR INDIVIDUAL CONSUMERS PURCHASED ONLINE FROM THE MICROWORLD SOFTWARE SERVICES PVT. LTD. OR ITS PARTNER’S INTERNET WEB SITE, CUSTOMER SHALL HAVE A PERIOD OF FOURTEEN (14) WORKING DAYS AS FROM THE DELIVERY OF PRODUCT TO MAKE RETURN OF IT TO THE MERCHANT FOR EXCHANGE OR REFUND, PROVIDED THE SOFTWARE IS NOT REGISTERED AND ACTIVATED.

REGARDING THE eScan SOFTWARE INTENDED FOR INDIVIDUAL CONSUMERS NOT PURCHASED ONLINE VIA INTERNET, THIS SOFTWARE NEITHER WILL BE RETURNED NOR EXCHANGED EXCEPT FOR CONTRARY PROVISIONS FROM THE PARTNER WHO SELLS THE PRODUCT. IN THIS CASE, MICROWORLD SOFTWARE SERVICES PVT. LTD. WILL NOT BE HELD BY THE DISTRIBUTOR'S CLAUSES. THE RIGHT TO RETURN AND REFUND EXTENDS ONLY TO THE ORIGINAL PURCHASER.

LICENSE
This End User License Agreement (“License” or “License Agreement”) is a legal agreement between MicroWorld Software Services Pvt. Ltd. (“MicroWorld ”) and you, and applies to your use of this eScan software and all related documentation that accompanies this application (“Software”).

MicroWorld’s licensors refers to any third parties licensing all or any portion of such Software to MicroWorld. This License is specifically intended for the benefit of MicroWorld and any MicroWorld licensors.


DEFINITIONS
  1. “Distributors” means the authorized distributors, agents, sub-distributors of MicroWorld, selling MicroWorld range of products, including sales through Internet.
  2. “License period” means the period as more particularly described in Clause 2.3 of this Agreement or the Evaluation period in case of Trial version of the Software.
  3. “Support” means the Technical support via phone /e-mail /chat provided by MicroWorld between Normal working hours as listed on https://www.escanav.com/english/content/support_training/support/escan_tech_support.asp which may or may not be chargeable to you.
  4. “Updates” means collections of any or all among virus definition files including detections and solutions for new viruses along with the corrections, improvements or modifications to the Software.
  5. “Upgrades” means any minor upgrades (same version), correction, improvement or modification in the form of new binaries, which may be released in the form of regular updates or available as an update-patch.
  6. “User Manual” means the user guide, Help Guide, documentation provided with the Software, updated agreements provided on the website of MicroWorld (www.escanav.com), explanatory or other materials as provided from time to time by MicroWorld.
  7. “Computer(s) / Device(s)“ means hardware, including personal computers, laptops, workstations, personal digital assistants, Smartphones, handheld devices or other electronic devices for which the Software was designed where the Software will be installed and / or used.
  8. “Software” means software for which this Agreement is provided and related materials.
  9. “You” means the “End User” means:
    • An individual (such an individual) installing /using / legally acquiring the Software on his / her own behalf and every other person (whether authorized or not by such an individual) who uses / has the possession of the Computer / devices on which the Software is installed and activated; or
    • An organization (including but not limited to a partnership, joint venture, Limited Liability partnership, Limited Liability Company, Company of any nature, Trust, Governmental Authority, Unincorporated Organization, Association of Persons) or any person (such person) who have been authorized by such an Organization to install, download, use the Software, accept the Agreement on behalf of the Organization and every other person (whether authorized or not by such person) who uses / has the possession of the Computer / Device on which the Software is installed and activated.
  10. Grant of License. So long as you are in compliance with this License Agreement, MicroWorld grants a non-exclusive and non- transferable license to use the Software subject to the restrictions set forth below. No rights to the use of any MicroWorld, or its licensors’, names, logos or trademarks are conveyed by this License. This License Agreement is not for the sale of Software or any other intellectual property. All rights, title and interest, and all intellectual property rights in and to the Software are owned by MicroWorld or its licensors. Except as expressly stated herein, no other rights are granted to you by implication, estoppels, or otherwise, under any patent, copyright, trade secret, trademark, or other intellectual property right.
  11. Restrictions on Use.  The number of computers / devices that User may protect by the Software is specified in the key file and indicated in the “License” window. The Software may not be used to protect any networks with more than this number of computers / devices. You may not further redistribute, sublicense, rent, loan or lease the Software to a third party. You can make one copy of the software solely for backup purpose (and such back up copy must be destroyed when you lose the right to use the Software or when Your license expires or is terminated for any other reason according to the legislation in force in the country of your principal residence or in the country where You are using the Software) and only to replace the legally owned copy if such copy is lost, destroyed or becomes unusable.

2.1
2.1.1 The Software is “in use” on a computer / device when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer / device. This license authorizes you to make only as many back-up copies of the Software as are necessary for its lawful use and solely for back-up purposes, provided that all such copies contain all of the Software’s proprietary notices. You shall maintain records of the number and location of all copies of the Software and Documentation and will take all reasonable precautions to protect the Software from unauthorized copying or use.

2.1.2 The Software protects computer / device against viruses and network attacks whose signatures are contained in the application databases which are available on MicroWorld’s update servers.

2.1.3 If you sell the computer / device on which the Software is installed, you will ensure that all copies of the Software have been previously deleted.

2.1.4 You cannot:

    1. emulate, adapt, sublicense, lend, rent, clone or lease any portion of the software.
    2. debug, decompile, disassemble, modify, translate, reverse engineer the software.
    3. try making an attempt to reveal/discover the source code of the software.
    4. create derivative works based on the Software or any portion thereof with sole exception of a non-waivable right granted to You by any applicable legislation.
    5. transfer the licensed software or any part thereof.
    6. remove or alter any copyright notices or other proprietary notices on any copies of the Software.
    7. reduce any part of the software to human readable form.
    8. use the Software in the creation of data or software used for detection, blocking or treating threats described in the User Manual.
    9. use for unlicensed and illegal purpose.
    10. You shall not use this Software in automatic, semi-automatic or manual tools designed to create virus signatures, virus detection routines, any other data or code for detecting malicious code or data.

2.2 Activation

    1. MicroWorld warns you that in the process of installation of the software, the other security products / software installed on your computer / device may be uninstalled or disabled if the same are not compatible with MicroWorld software. MicroWorld expressly disclaims any loss of data, loss of profits during such installation. If you modify your Computer / Device or make alterations / modifications to other vendors’ software installed on it, you may be required to repeat activation of the software or installation of license key file or in case contact MicroWorld Support. MicroWorld reserves the right to verify the validity / legality of license and software.
    1. Mode of Activation/Reactivation
      1. The activation / reactivation of the Software can be done in two ways,
        i) using Internet services or
        ii) using Short Message Service (SMS) (available in few regions only).
      2. In case of Internet based activation, usage of Internet bandwidth will be chargeable as per your Internet Service Provider charges. In case of SMS based activation / reactivation, MicroWorld software sends SMS from your Mobile Device to MicroWorld’s activation server. These SMS’ are text based and you will be charged for outgoing SMS as per your plan with your telecom service provider.

2.3 License Period

    1. If you have acquired the Software on a physical medium, the License period shall commence from the date of acceptance of this Agreement and activation of the Software up to the period that is specified on the package or for any additional period as specified by any authorized communication by MicroWorld.
    2. If you have acquired the Software via Internet, the License period shall commence from the date of acceptance of this Agreement and activation of the Software up to the period that is specified during acquisition of the Software via Internet or for any additional period as specified by any authorized communication by MicroWorld.
    3. If you have acquired the Software that states the License period as perpetual license, the license is valid for the version of the software that is acquired and activated. The license is deemed invalid for all other versions of the software.
    4. If you have acquired the trial version of the Software (solely for evaluation purposes) without any charge, the License period shall be 15 days OR 30 days, depending on the product, from the date of acceptance of this Agreement and activation of the Software (Evaluation period). You understand, agree and accept that the trial version does not entitle you any Updates and Technical support via the Internet and telephone after the evaluation period. Any use of the Software for any other purposes or beyond the applicable evaluation period is strictly forbidden and prohibited and MicroWorld reserves to take any action against such unauthorized usage.
    5. You agree, understand that any unauthorized usage of the Software or breach of any / all terms and conditions stated herein the Agreement shall result in automatic and immediate termination of this Agreement and the License granted hereunder and which may result in criminal and / or civil action by MicroWorld and / or its agents against you including, but not limited to right to block the key file / License key / product key and without any refund to You and without any prior intimation / notice to you in this regard.
    6. If you have acquired the specific language localization of the Software, you may not be able to activate the software by applying the activation code of other language localization.
    7. If you have acquired the Software with activation code that is region specific, you may not be able to activate the software by applying the activation code in regions other than the region specified on the Software.
    8. MicroWorld does not guarantee the protection from the threats after the expiration of the License Period or Evaluation period or after the License to use the Software is terminated for any reason.


2.4 Software Features

    1. During the License Period of the Software, You have the right to receive the Updates of the Software via the Internet as and when MicroWorld publishes the Updated Virus-database. You agree, understand and accept that You will require to regularly download Updates published by MicroWorld. Any and all Updates / upgrades you receive from MicroWorld shall be governed by this Agreement, or as amended from time to time by MicroWorld.
    2. You agree, accept and acknowledge:
      1. that you are solely responsible for the configuration of the Software Settings and the results, actions, inactions initiated due to the same and MicroWorld assumes no liability / responsibility in any case and the Clause No. 6 of Indemnification shall be applicable. 
      2. that MicroWorld assumes no liability / responsibility for any data deletion, including but not limited to any deletion / loss of personal and / or confidential data, specifically authorized by You or occurs due to the actions, inactions (whether intentional or not) by You or any third party whom You have authorized to use, handle your Computer / Device.
      3. that to avail/use certain features of the Software, you may require to incur some cost and that MicroWorld does not warrant that the usage of certain features of the Software are free of cost and that MicroWorld shall not entertain and expressly disclaims, any claim for reimbursement of any expenses including but not limited to any direct or incidental expenses arising out of Your usage of such features of the Software.
      4. that you be solely responsible  and shall comply all applicable laws, regulations of India and any foreign laws including without limitation, privacy, obscenity, confidentiality, copyright laws for using any report, data, and information derived as a result of using the Software.
      5. that while using the Software, MicroWorld suggests some actions to be initiated by You in your sole benefit, for example “MicroWorld software may suggest You to uninstall infected applications”, however such actions are suggestive and MicroWorld takes no responsibility / liability if you perform such suggestive actions or not and MicroWorld assumes no responsibility / liability for any liability arising out of such actions / inactions.
      6. The Software may contain features that enable MicroWorld, via the internet, to notify you of available software upgrades, promotions, products and services in which you may be interested; to update product data files and instructional and marketing content in the Software; and to collect non-personally identifiable usage data. The Software may also contain features that enable you to download store locator files, new product themes and product catalogs. You agree that MicroWorld may utilize these features to provide such notices and updates, permit such downloads and to collect such data, unless you have elected to deactivate the features in the Software.

2.5 Email/ Electronic Communication
Once you register the software by activating the software, MicroWorld may communicate with you on the contact information submitted during the registration process through email or any other electronic communication device. The communication can be for the purpose of product renewal or product verification for your convenience.

2.6 Support
(i)MicroWorld will provide you with the support services (“Support Services”) as defined below for a license validity period and indicated in the "License" window, since the moment of purchasing on:
(a) payment of its then current support charge, and:
(b) MicroWorld's technical support service is also entitled to demand from the End User additional registration for identifier awarding for Support Services rendering.
(c) Until Software activation and / or obtaining of the End User identifier (Customer ID) technical support service renders assistance in Software activation and registration of the End User only.

(ii)  “Support Services” means:
(a) Updates of application modules and databases;
(b) Software Updates, including minor upgrades (same version).
(c) Technical support via Internet and phone-line provided by Vendor and / or Reseller (as applicable in Service Level Agreement available on MicroWorld website: https://www.escanav.com/english/sla

(iii) Support Services are provided only if and when you have the latest version of the Software (including maintenance packs) as available on the official MicroWorld website (www.escanav.com) installed on your computer / device.

  1. Copyright.  The Software is owned by MicroWorld, its licensors or its suppliers and protected by copyright laws and international treaties. You may not copy the Software other than as expressly provided in this License. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Software, or use any part of the Software for any use other than that for which it was supplied by MicroWorld, unless specifically authorized by MicroWorld. You may not modify, adapt, alter, translate, or create derivative works from the Software.
  2. Term. This License is effective until terminated. You may terminate this License at any time by deleting or otherwise destroying the Software together with all copies in any form. This License will also automatically terminate if you fail to comply with any term or condition of this License. You agree that MicroWorld  also may, at its sole discretion, temporarily or permanently terminate the License with prior notice to you and / or terminate the Services (as defined in Paragraph 8) without prior notice to you. Upon termination, for any reason, you agree to destroy the Software together with all copies in any form. Provisions which, by their nature, should remain in effect beyond termination of this License Agreement shall survive.
  3. Compliance with Laws and Terms. You agree to comply with all applicable laws in connection with the use of the Software and Services. The form and content of pictures, text or other material that you transmit or create products from is governed by applicable laws (such as, those prohibiting child abuse, child pornography, copyright infringement, or invasion of privacy). If you use the Software to transmit material to MicroWorld, its affiliates, or any third party for printing or product fulfillment or other purposes, you must comply with the relevant terms of service. You may not use the Software to transmit to MicroWorld, its affiliates, or any third parties any pictures, text or other material that is unlawful, whether a violation of civil rights (such as libel) or criminal law (such as obscenity), or that fosters hatred of any race, religion, ethnicity, age-group, gender or sexuality. You agree that you will defend, indemnify and hold MicroWorld harmless against any claim arising out of or related to your failure to comply with the terms of this Section 5.
  4. Indemnification
    a) You expressly understand, admit and warrant that in no event shall MicroWorld and / or any of its directors, employees, agents, partners, distributors be liable from any and against all claims, expenses, suits, costs, demands, judgments whatsoever made by you and / or any third party for any direct, indirect, incidental, special, punitive, consequential and / or exemplary damages including, but not limited to damages for loss of business / profits, damages for loss of confidential / other information, failure to meet any statutory duty / duty of reasonable care / duty in good faith, economic / notional loss, loss for business interruption, goodwill, damage and loss of data or programs, or other intangible losses (even if MicroWorld has been advised of the possibility of such damages), to the fullest extent permissible by law: 
      1. arising due to your usage of Software;
      2. your negligence or inability of using the Software or support;
      3. any dispute between you and third party with respect to availing the Software;
      4. your violation of any rights of any other individual and / or entity;
      5. your breach of the Agreement;
      6. your violation of any provisions under any acts in India or abroad;
      7. the failure of MicroWorld to provide Support Service or any other service / information.

b) This limitation will apply to all causes of action whether arise in equity or tort, including but not limited to breach of contract, breach of warranty, negligence, strict liability, misrepresentations and hereby release MicroWorld and / or its directors, employees, agents, distributors from any and all obligations, liabilities in excess of the limitation stated herein. 
c) In the event, MicroWorld and / or its directors, agents, employees, distributors are found liable, You Understand and accept that the liability of MicroWorld and / or its directors, agents, employees, distributors shall be limited only up to and not exceed in any case the License fees incurred by You in acquiring the software from MicroWorld or its distributors / agents. This Clause shall survive the termination of this Agreement.

  1. Privacy. The Software may request or collect certain limited information about you when you use the Software. Such information might consist of your name, if you provide it, your email address, the names and email addresses of people that are stored on computer(s) / device(s) using  the Software or that you send content and information to through the Software, if you provide them, your username and password for your email accounts and online service providers (including, but not limited to MicroWorld , Gmail, Facebook, Twitter, YouTube, and Flickr) (“Login Credentials”) and computer / device identification as well as technical data and related information, including but not limited to technical information about your computer(s) / device(s), system and application software (collectively “Personal Information”). The Software may also collect information regarding what content you send through the Software and who you send it to (“Transmission Data”).  The Software may also use cookies or other passive tracking mechanisms and tools to collect information in order to facilitate your use of the Software. Any Login Credentials you provide to the Software will be encrypted. Furthermore, MicroWorld  will collect aggregated non-personal data from all users of the Software relating to, for example, the number of images and videos transferred or shared, the Services to which they were transferred, and the number of individuals with whom images were shared (“Aggregate Data”). MicroWorld will only use the Aggregate Data to assess the overall use of the Software by customers in order to determine how the Software is being used and how it and other products can be improved.

    MicroWorld software may collect the following information which may / may not contain any personally identifiable information either with or without your discretion / permission, solely for statistical purpose or enhancing and evaluating the ability, effectiveness and performance of MicroWorld's product in identifying and / or detecting the malicious behavioral pattern, inherently fraudulent websites and other Internet security threats / risks. This information will not be correlated with any personally identifiable information except as herein stated and shall include, but not limited to:
    1. Any type of Executable files which the Software may identify having a potentially malware behavioral pattern. 
    2. Any type of information relating to the status of the software that whether there occurred any error while installing the Software or the installation was successful.
    3. Any type of URLs of websites visited that the Software deems inherently and potentially fraudulent.
    4. Any type of information that Software deems potentially fraudulent, posing security risks / threats.
    5. Any type of information for identifying the Media Access Control (MAC) address of the Computer / Device, Computer / Device Name and IP address of the Computer / Device on which the Software has been installed for identifying the Internet Protocol (IP) Address and information required for effective license administration and enhancing product functionality and usability.
    6. You admit that the information / data as collected above can be used for analyzing, preventing and detecting the potential internet security risks, publishing any type of data / reports / presentations on the trends collected, sharing the data to create awareness with any organizations, vendors.

Please keep in mind that the nature of the Software and services may be interactive, and as part of your use of the Software you will be provided the opportunity to share information and content with third parties. You should use caution when deciding what information and content to share through the Software.
MicroWorld  may share Aggregate Data with vendors who assist MicroWorld  in providing its products and services; with third party business partners with whom MicroWorld  provides joint promotions; with MicroWorld ’s affiliated companies, including any parent or subsidiaries of MicroWorld; and MicroWorld  may share Aggregate Data if MicroWorld  believes it is necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.), or other legal requirements of any governmental authority; if MicroWorld  believes it would potentially mitigate MicroWorld ’s liability in an actual or potential lawsuit; if MicroWorld believes it is permitted by law or if doing so will not violate the law; or if MicroWorld believes it is otherwise necessary to protect MicroWorld ’s rights or property; or is necessary to protect the interests of other users of the Software. In the unlikely event that all or part of MicroWorld’s business is sold or acquired by a third party, MicroWorld will transfer such information to the new business owner.

  1. Third Party Services and Websites. As part of your use of the Software, you may be provided with the opportunity to access MicroWorld’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that you accept additional terms of use. You acknowledge and agree that while MicroWorld and / or such third parties may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or the amount of storage space used for the provision of the Service, such fixed upper limits may be set by MicroWorldand / or such third parties at any time, at MicroWorld and / or such third parties’ sole discretion.
  2. Your Representations and Warranties. You represent and warrant that you possess the legal right and ability to agree to this License Agreement, and that all information or material that you transmit through the Software is owned by you, is true, accurate and current, including Login Credentials. You agree that you will not: (i) transmit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant the right to use such materials as provided in this Agreement; (ii) submit any false information or misrepresentation that could result in liability or damage to us or any third party; (iii) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, graphic or gratuitously violent, harassing, hateful, racially or ethnically offensive, encourages conduct that would give rise to criminal or civil liability, violate any law, or is otherwise inappropriate; (iv) impersonate another person, including submitting their photographs as your own; (v) transmit worms, viruses or other malicious codes; and (vi) violate the terms and conditions of any website or application to which you transmit images through the Software.
  3. DISCLAIMER OF WARRANTY. The Software is provided to you “AS IS”. MicroWorld and its licensors do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. You assume responsibility for operation of the Software, and for the installation, use and results obtained from the Software. MicroWorld does not warrant that this Software identifies all known viruses and spam letters, and / or that the Software will not occasionally erroneously report a virus in a title not infected by that virus. MicroWorld does not warrant that this Software provides protection after expiring date (see Section 2.6). Your sole remedy and the entire liability of MicroWorld for breach of the warranty will be at MicroWorld’s option, to repair, replace or refund of the Software if reported to MicroWorld or its designee during the warranty period. You shall provide all information as may be reasonably necessary to assist the Supplier in resolving the defective item. The warranty in (i) shall not apply if you (a) make or cause to be made any modifications to this Software without the consent of MicroWorld, (b) use the Software in a manner for which it was not intended, or (c) use the Software other than as permitted under this Agreement.

The Software may contain hypertext links to third-party web sites or information. MicroWorld does not make any warranty, endorsement, sponsorship, or recommendation of the third-party, the third-party web site, or the information contained therein. MicroWorld is not responsible for the availability of any such web site or liable for the content thereon. You need to make your own decisions regarding your interactions or communications with any other web site. Subject to any applicable legislation which prohibits the following exclusions, MICROWORLD AND ITS LICENSORS MAKE NO WARRANTIES OF ANY KIND RELATED TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, or arising from course of performance, dealing, usage or trade.  Some states and countries do not allow the exclusion of implied warranties, or have legislation that imposes certain statutory warranties that cannot be excluded, so the above exclusion may not apply to you.

  1. LIMITATION OF LIABILITY.  Your use of the Software is entirely at your own risk. Under no circumstance will MicroWorld, its agents, licensors or suppliers be liable to you on account of your use or misuse of, or reliance on, the Software. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL MICROWORLD, ITS LICENSORS, SUPPLIERS OR DEALERS BE LIABLE TO YOU FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, costs of procurement of substitute products or services OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The liability of MicroWorld (whether in contract, tort, restitution or otherwise) arising out of or in connection with the supply of the Software shall in no circumstances exceed a sum equal to the amount paid by you for the Software. Some states and countries do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation that restricts the limitation or exclusion of liability, so the above limitation may not apply to you.
  2. Governing Law. If the Software was obtained in the United States, this License is governed by the laws of the State of Michigan. If the Software was obtained outside of the United States, this License is governed by the laws of the country in which it was obtained. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
  3. Export Law Assurances. You may not use or otherwise export or re-export the Software except as authorized by United States law and laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (including without limitation Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
  4. Federal Acquisitions.  This Section 14 applies to all acquisitions of the Software by or for the federal government, or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement or other activity with the federal government. The Software is a "commercial item" as that term is defined in 48 C.F.R. 2.101 (October, 2004) consisting of "commercial computer software" and "commercial computer software documentation” as such terms are used in 48 C.F.R. 227.7202-1, 227.7202-3, 227.7202-4 (October, 2004). If you are in the U.S. Government or any agency or department thereof, the Software is licensed (a) only as a commercial item and (b) with only those rights as are granted hereunder.
  5. EUROPEAN COMMUNITY PROVISIONS. If you obtained this Software within a country of the European Community, nothing in this License shall be construed as restricting any rights available under the European Community Software Directive (91/250/EEC).
  6. SPECIFIC CLAUSES FOR FREE SOFTWARE AND THIRD PARTY SOFTWARE

This licensed software may include software programs that are licensed (or sub-licensed) to the licensee under free software licenses or other types of licenses which are copyrighted / trademarked by their respective authors. The licenses for the same are included with this product with appropriate ownership of the products as required.

  1. Miscellaneous. Each provision of this License Agreement is severable. If a provision is found to be unenforceable, this finding does not affect the enforceability of the remaining provisions, terms, or conditions of this License Agreement. This License Agreement is binding on successors and assigns. MicroWorld will not be responsible for any non-performance or delay attributable in whole or in part to any cause beyond its reasonable control. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. You acknowledge that you have read this License Agreement, that you understand it, that you agree to be bound by its terms, and that the foregoing is the complete and exclusive statement of the License Agreement.

 

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