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Format Dynamics - End-User License Agreement Important - Read Carefully: This End User License Agreement ("EULA") is a legal agreement between you and Format Dynamics, Inc. ("Format Dynamics") for certain content you have selected to download from the Format Dynamics website (the "Content"). BY CLICKING THE "ACCEPT" BUTTON OR BY INSTALLING, COPYING, ACCESSING OR OTHERWISE USING THE CONTENT, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS EULA, WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE PRESS THE "REJECT" BUTTON AND DO NOT INSTALL, COPY, ACCESS OR OTHERWISE USE THIS CONTENT. License Grant. The Content is protected by copyright laws, international copyright treaties and other intellectual property laws and treaties. The Content is licensed on a non-exclusive basis, not sold. You may install and use the Content on one computer. All rights not expressly granted are reserved by Format Dynamics. Not limiting the foregoing, this EULA does not grant you any rights to (and you are prohibited from): (i) granting any sublicense, distributing or transmitting the Content in whole or in part; (ii) modifying the Content; (iii) reverse engineering, decompiling, or disassembling the Content, except as expressly permitted by applicable law; (iv) using any trademarks of Format Dynamics; or (v) using the Content for purposes other than as expressly authorized by Format Dynamics. Your rights under this EULA may not be transferred, leased, assigned, or sublicensed. Any purported attempt to transfer, lease, assign, or sublicense your rights will be void. Confidentiality. The Content contains information and valuable trade secrets that are not generally known to the public. You must treat as confidential and preserve the confidentiality of the Content, and must not disclose any portion of the Content to any third party. The foregoing obligation does not apply to any information that: (a) is already in your possession as shown by documentation; (b) is or becomes publicly available through no fault of your own; or (c) is obtained by you from a third person without breach by such third person of an obligation of confidence. Information will not be deemed to be within the foregoing exceptions merely because it is: (i) embraced by more general information in the public domain or in the possession of the party receiving such information, or (ii) a combination of individual items of information that could be pieced together to reconstruct such combination from non-Confidential Information. Ownership of Intellectual Property. As between you and Format Dynamics, all rights in and to the Content are owned by Format Dynamics, including all rights provided under copyright law, trademark law, patent law, trade secret law, and all other forms of proprietary and intellectual property protection. Breach; Termination. Without prejudice to any other rights, Format Dynamics may terminate this EULA if you fail to comply with the terms of this EULA. In such an event, you must destroy all copies of the Content. You may terminate this EULA at any time by discontinuing use of the Content, erasing the Content from all computer memories and storage devices within your possession or control, and destroying all materials obtained from Format Dynamics and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. In the event of termination by you or Format Dynamics, you will not receive a refund of any license fees paid by you for use of the Content, if any. Disclaimer of Warranties; Exclusion of Damages; Limitation of Liability. If you are dissatisfied with the Content, or with any terms of this EULA, your sole and exclusive remedy is to discontinue using the Content. Format Dynamics assumes no responsibility and shall not be liable for the accuracy, completeness, timeliness, reliability, relevance or usefulness of the Content or for any problems that may result from your use of the Content. Format Dynamics also assumes no responsibility and is not liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of the Content. THE CONTENT IS PROVIDED AS IS. FORMAT DYNAMICS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN, AND PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. IN NO EVENT WILL FORMAT DYNAMICS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING IN CONNECTION WITH THE USE OF THE CONTENT. FORMAT DYNAMICS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR LACK OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FORMAT DYNAMICS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE CONTENT, EVEN IF FORMAT DYNAMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FORMAT DYNAMICS' LIABILITY EXCEED THE AMOUNT YOU PAID FOR THIS CONTENT, IF ANYTHING. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. Indemnification. You agree to indemnify and to hold Format Dynamics harmless from any and all claims (including reasonable attorneys� fees and costs) resulting from your acts, omissions, or representations in any way related to this EULA or your access to, and use of, the Content. You will use your best efforts to cooperate with us in the defense of any claim. Format Dynamics reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. General. This EULA and the rights and obligations of the parties with respect to the Content will be governed by, and construed in accordance with the laws of the State of Colorado, USA, without reference to the choice of law principles thereof. Any actions, proceedings or suits concerning or relating to this EULA may only be brought in a court of competent jurisdiction in Denver, Colorado, and each party hereby consents to the jurisdiction and venue of such court, and waives any objections thereto. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any part of this EULA is found unenforceable, it will not affect the validity or enforceability of any other provision of this EULA and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. Failure by either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of the duration of such default, will not constitute a waiver of rights hereunder. The Content may not be shipped into any country or used in any manner prohibited by law, regulation or order. Except as provided below, no amendment, modification, or waiver of any provision of this EULA will be effective unless it is set forth in a writing signed by an authorized officer of both parties. This EULA constitutes the complete agreement between you and Format Dynamics with respect to the Content and supersedes all proposals (oral or written), all previous negotiations, and all other communications, except as set forth above. Format Dynamics may at any time, in its sole discretion, revise the terms of this EULA by updating them on the Format Dynamics website. You are bound by any such revisions and should therefore periodically visit the Format Dynamics website to review the current EULA.
I agree to the terms and conditions stated above.
