License, version 1.0
HARDPOINT CONSULTING LTD END-USER LICENSE AGREEMENT
This End-User License Agreement («EULA») is a legal agreement between you (either an individual or a single entity) and Hardpoint Consulting Ltd or one of its affiliates.
For the Hardpoint Consulting Ltd software that accompanies this EULA, which includes computer software and may include associated media, printed materials, «online» or electronic documentation, and Internet-based services («Software»). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS
EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
1. GRANT OF LICENSE.
Hardpoint Consulting Ltd grants you the following rights provided that you comply with all terms and conditions of this EULA: You may install, use and run one copy of the Software on a single computer, workstation, terminal or other device («Computer»). The Software may not be used by more than two (2) processors at any one time on any single Computer.
The license rights granted to you under this EULA are limited, and you may not otherwise copy, display, distribute, perform, publish, modify, create works from, or use the Software or any component of it. You are prohibited from making a copy of the Software available on a network where it could be used by multiple users. You are prohibited from making the Software available over a network where it could be downloaded by multiple users. You may not reverse engineer, decompile, disassemble or make any attempt to discover the source code of the Software. You may not remove or alter Hardpoint Consulting Ltd trademarks or logos, or legal notices included in the Software or related assets.
3. RESERVATION OF RIGHTS AND OWNERSHIP
Hardpoint Consulting Ltd reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Hardpoint Consulting Ltd or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
4. NO RENTAL AND DISTRIBUTION
You may not rent, lease, lend or provide commercial hosting services with the Software. You may not distribute copies of the Software to third parties. You are expressly prohibited from sub-licensing or otherwise distributing the Software or rights to use the Software. You must immediately inform Hardpoint Consulting Ltd about known issues of illegal distribution.
5. MISTAKES AND IMPROVEMENT
You agree that there can be mistakes and technical badnesses in the Software, and Hardpoint Consulting Ltd can make improvements and other changes into the Software at any time.
6. ADDITIONAL SOFTWARE/SERVICES
This EULA applies to updates, supplements, add-on components or product support services for the Software that you may obtain from Hardpoint Consulting Ltd after the date you obtain your initial copy of the Software, unless you accept updated terms or another agreement governs. Hardpoint Consulting Ltd reserves the right to discontinue access to any components provided to you or made available to you through the use of the Software.
7. CONSENT TO USE OF DATA
You agree that Hardpoint Consulting Ltd and its affiliates may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Hardpoint Consulting Ltd Software. Hardpoint Consulting Ltd may use this information to improve our products or to provide services or technologies to you.
The license rights granted to you under this EULA will terminate after terminating this EULA. Your rights under this EULA will terminate immediately and automatically without any notice from Hardpoint Consulting Ltd if you fail to comply with any of the terms and conditions of this EULA. Without prejudice to any other rights, Hardpoint Consulting Ltd may unilaterally terminate or modify this EULA at any time and for any reason or for no reason, with no notice to you. In the event of termination of this EULA you must promptly destroy all copies of the Software and all of its component parts. Termination will not limit any of Hardpoint Consulting Ltd other rights or remedies at law or in equity. Sections 2 — 13 of this EULA shall survive termination or expiration of this EULA for any reason.
9. DISCLAIMER OF WARRANTIES
Hardpoint Consulting Ltd and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR OWN RISK. Hardpoint Consulting Ltd and its suppliers disclaim all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Hardpoint Consulting Ltd OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF Hardpoint Consulting Ltd OR ANY SUPPLIER, AND EVEN IF Hardpoint Consulting Ltd OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Hardpoint Consulting Ltd total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Software.
Limitation of Liability and Disclaimer of Warranties are Material Terms of this EULA. You agree that the provisions in this EULA that limit liability are essential terms of this EULA.
11. SEVERABILITY AND SURVIVAL
If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA shall continue in full force and effect.
12. ENTIRE AGREEMENT
This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Hardpoint Consulting Ltd relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent, the terms of any Hardpoint Consulting Ltd policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.