CONFLICT OF LAW PROVISIONS. This License Agreement is governed by the laws of the United States of America. As additional consideration for the license granted to you in this LA, you agree that all disputes regarding this contract shall be governed solely and exclusively by the laws of the USA, and that the agreement shall be deemed to have been made in USA. You further agree that any action relating to the terms and provisions of this LA shall be commenced in USA in any court of competent jurisdiction. In addition, by licensing the “Software Product” under this LA, you represent and warrant that you are legally authorized to and hereby do waive all claims to legal rights or protections under the laws of your state or country of domicile, or the laws of any other state or country other than USA, including but not limited to any applicable "consumer protection" laws, and to subject yourself under this LA to the laws of USA. Since this representation on your part is an essential element of the consideration necessary for the company to license the “Software Product” to you, should this representation prove to be incorrect, you hereby agree to reimburse the company for all losses incurred by the company as a result of this misrepresentation and for all expenses related to the enforcement by the company of its legal rights under this agreement, including but not limited to its attorneys' fees, court costs, administrative fees, and all other costs, fees, and expenses incurred by the company that are associated with enforcing its legal rights under this Agreement. This representation on your part, and the contractual provisions governing your breach of this representation, are basic contract provisions that are valid and enforceable under international treaties governing the law of contracts, as well as other laws and treaties. DISCLAIMER OF WARRANTY THIS SOFTWARE AND THE ACCOMPANYING FILES ARE LICENSED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The company does not warrant that the functions of the “Software Product” will meet your requirements or that operation of the “Software Product” will be uninterrupted or error free. You assume all responsibility for selecting the “Software Product” to achieve your intended results, and for the use and results obtained from the “Software Product”. The company is not responsible if the “Software Product” does not operate on your server or computer. Should the Program prove defective, you and not the company assume the entire risk of using the program and the entire cost of any service and repair. Failure to install the program is not a valid reason for requesting a refund of the purchase price. This disclaimer of warranty constitutes an essential part of this agreement. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall the company be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the company has been advised of the possibility of such damages. In any case, the company's entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the “Software Product”. REFUND POLICY BY PURCHASING OR USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE ABLE TO ASK FOR A REFUND AND GET A FULL REFUND WITHIN 30 DAYS AFTER THE PURCHASE ONLY IF ALL THE FOLLOWING POINTS ARE TRUE:
Appears in 3 contracts
Samples: License Agreement for Chameleon Software Packages, License Agreement for Chameleon Software Packages, License Agreement
CONFLICT OF LAW PROVISIONS. This License Agreement is governed by the laws of the United States of America. As additional consideration for the license granted to you in this LA, you agree that all disputes regarding this contract shall be governed solely and exclusively by the laws of the USA, and that the agreement shall be deemed to have been made in USA. You further agree that any action relating to the terms and provisions of this LA shall be commenced in USA in any court of competent jurisdiction. In addition, by licensing the “Software Product” under this LA, you represent and warrant that you are legally authorized to and hereby do waive all claims to legal rights or protections under the laws of your state or country of domicile, or the laws of any other state or country other than USA, including but not limited to any applicable "consumer protection" laws, and to subject yourself under this LA to the laws of USA. Since this representation on your part is an essential element of the consideration necessary for the company ABK to license the “Software Product” to you, should this representation prove to be incorrect, you hereby agree to reimburse the company ABK for all losses incurred by the company ABK as a result of this misrepresentation and for all expenses related to the enforcement by the company ABK of its legal rights under this agreement, including but not limited to its attorneys' fees, court costs, administrative fees, and all other costs, fees, and expenses incurred by the company ABK that are associated with enforcing its legal rights under this Agreement. This representation on your part, and the contractual provisions governing your breach of this representation, are basic contract provisions that are valid and enforceable under international treaties governing the law of contracts, as well as other laws and treaties. DISCLAIMER OF WARRANTY THIS SOFTWARE AND THE ACCOMPANYING FILES ARE LICENSED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSEDEXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The company ABK does not warrant that the functions of the “Software Product” will meet your requirements or that operation of the “Software Product” will be uninterrupted or error free. You assume all responsibility for selecting the “Software Product” to achieve your intended results, and for the use and results obtained from the “Software Product”. The company ABK is not responsible if the “Software Product” does not operate on your server or computer. Should the Program prove defective, you and not the company ABK assume the entire risk of using the program and the entire cost of any service and repair. Failure to install the program is not a valid reason for requesting a refund of the purchase price. This disclaimer of warranty constitutes an essential part of this agreement. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall the company ABK be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the company ABK has been advised of the possibility of such damages. In any case, the company's ABK entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the “Software Product”. REFUND POLICY BY PURCHASING OR USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE ABLE TO ASK FOR A REFUND AND GET A FULL REFUND WITHIN 30 DAYS AFTER THE PURCHASE ONLY IF ALL THE FOLLOWING POINTS ARE TRUE:: 1) THE STAFF HAS BEEN GIVEN ENOUGH TIME AND FULL ACCESS DETAILS TO YOUR SERVER IN ORDER TO SET UP THE SOFTWARE PRODUCT CORRECTLY; 2) YOUR SERVER IS 100% COMPATIBLE WITH THE SOFTWARE PRODUCT; 3) YOUR COPY OF THE SOFTWARE PRODUCT DOES NOT RUN OR HAVE DIFFERENT OR DISABLED FEATURES IN COMPARISON WITH THE DEMO SITES OF THE SOFTWARE PRODUCT, WHICH CAN BE FOUND HERE: XXXX://XXXXXXXXX.XXXXXXXXXXXXXXXXXX.XXX FOR CHAMELEON SOFTWARE PRODUCT. THE OTHER PRODUCTS’ DEMOS CAN BE FOUND ON THE PAGE xxxx://xxx.xxx-xxxx.xxx/matchmaking_software_demo.html IF YOUR SITE RUNS AND FUNCTIONS AS THE DEMO SITES DO, NO REFUND IS POSSIBLE FOR ANY REASON, SUCH AS: FAILURE TO INSTALL THE PROGRAM, A CHANGE IN MARKET CONDITIONS, A CHANGE IN BUSINESS OR WEB SITE STRATEGY, A CLAIM THAT THE PRODUCT DOES NOT SUIT YOUR NEEDS OR IS NOT WHAT YOU EXPECTED, MODIFICATIONS OF THE SOURCE CODE IMPLEMENTED BY THE USER THAT ALTER THE FUNCTIONALITY OF THE “Software Product” OR THAT ARE NOT IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE SOFTWARE PRODUCT, THE UNAVAILABILITY OF ABK FOR CUSTOMIZATIONS TO THE SOFTWARE PRODUCT, UNEXPECTED SECURITY HOLES, OR FOR ANY OTHER REASON. This document constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all other communications, whether written or oral. Any provision found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.
Appears in 1 contract
Samples: License Agreement
