SOFTWARE LICENSE TERMS
The following license terms ("License Terms") govern your use of the software of EView Technology, Inc, (EView) and any updates available for downloading unless specified otherwise by separate agreement.
1. License Grant. EView grants you a license to Use the Software as set forth herein. "Use" means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software.
2. Ownership. The Software is owned and copyrighted by EView or its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. EView's third party suppliers may protect their rights in the event of any violation of these License Terms.
3. Copies and Adaptations. You may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized Use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations. You may not copy the Software onto any public network, bulletin board or similar system.
4. No Disassembly or Decryption. You may not disassemble or decompile the Software unless EView's prior written consent is obtained. You may not decrypt the Software unless decryption is a necessary part of the operation of the Software.
5. Transfer. You may not rent or lease the Software, but you may transfer the Software only to other end users that are not resellers. Your license will automatically terminate upon any transfer of the Software. Upon transfer, you must deliver the Software, including any copies thereof and related documentation, to the transferee. The transferee must accept these License Terms as a condition to the transfer.
6. Termination. EView may terminate your license upon notice for failure to comply with any of these License Terms. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.
7. Limited Warranty and Liability - EView warrants that the Software, when properly used, will operate in all material respects in conformity with EView published specifications for the applicable version, and the Software media shall be free of defects, for one (1) year from the date of shipment of such version. In the event of failure to meet the foregoing limited warranty, your sole remedy in the event of non-conformity of the Software, at EView's option, shall be replacement of the defective materials or a refund of the license fees paid for the affected Software. This limited warranty gives you specific legal rights. EVIEW DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WHETHER ARISING BY STATUTE OR IN LAW OR AS A RESULT OF A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SOFTWARE OR THE DOCUMENTATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE OR INFORMATION CONTAINED THEREIN, THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SOFTWARE'S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. IN NO EVENT WILL EVIEW OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OR INACURRACY OF DATA, LOSS OF PROFITS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF EVIEW HAS BEEN
ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. EVIEW's TOTAL LIABILITY, IF ANY, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEEDS PAID BY YOU FOR THE SOFTWARE. THE FOREGOING RESTRICTIONS, DISCLAIMERS AND LIMITATIONS SHALL APPLY AND REMAIN IN FORCE EVEN IN THE EVENT OF A BREACH BY EVIEW HEREUNDER OF A CONDITION OR FUNDAMENTAL TERM HEREUNDER, OR IN THE EVENT OF A BREACH WHICH CONSTITUTES A FUNDAMENTAL BREACH.
8. Governing Law. These License Terms will be governed by the laws of the State of North Carolina, United States, excluding both that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods. The terms of this Agreement supersede the terms of any purchase order, order letter or other document issued or signed by you to authorize its license of the Programs. If any provision of this Agreement is held to be unenforceable, such provision shall be limited, modified or severed as necessary to eliminate its unenforceability, and all other provisions shall remain unaffected.