Araxis PMdiff License Agreement

IMPORTANT - READ CAREFULLY:  This ARAXIS PMdiff License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Araxis Ltd ("ARAXIS") for ARAXIS' PMdiff computer software and any associated media (collectively, the "Licensed Software"). By continuing to use the Licensed Software, you agree to be bound by the terms of this Agreement.

1. COPYRIGHT

The Licensed Software is owned by ARAXIS and is protected by United Kingdom copyright laws and international treaty provisions. Therefore, you must treat the Licensed Software like any other copyrighted material (e.g., a book or musical recording), except that you may either (i) make one copy of the Licensed Software solely for backup or archival purposes, provided you reproduce and include ARAXIS' copyright and trademark notices contained on the original disk labels on such backup copy, or (ii) transfer the Licensed Software to a single hard disk, provided you keep the original solely for backup or archival purposes. You may not copy any written materials which may accompany the Licensed Software.

2. OTHER RESTRICTIONS

You may not use, copy, or modify the files containing the Licensed Software, or any backup copy, in whole or in part, or translate such files into any other file format or language, except as expressly provided for in this agreement. You may not rent, lease or sublicense the Licensed Software, but you may transfer the Licensed Software and accompanying written materials on a permanent basis, provided you retain no copies, the recipient agrees to the terms of this License Agreement and immediately contacts ARAXIS to inform ARAXIS of such transfer. Upon such transfer, your license under this License Agreement is automatically terminated.

You may not reverse engineer, decompile or disassemble the Licensed Software for any purpose whatsoever.

3. TERM

Your license is effective upon your acceptance of this agreement and installing the Licensed Software. You may terminate it at any time by destroying the Licensed Software together with all copies. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy all copies of the Licensed Software in any form in your possession or under your control.

4. WARRANTY

ARAXIS OFFERS NO WARRANTY OF PERFORMANCE, EXPRESS OR IMPLIED, WITH REGARD TO THE LICENSED SOFTWARE AND ALL ACCOMPANYING MATERIALS. ARAXIS FURTHER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE LICENSED SOFTWARE AND ALL ACCOMPANYING MATERIALS.
 
5. CUSTOMER REMEDY

ARAXIS DISCLAIMS ALL LIABILITY AND OFFERS NO CUSTOMER REMEDY WITH REGARD TO THE LICENSED SOFTWARE AND ALL ACCOMPANYING MATERIALS.

6. DISCLAIMER OF DAMAGES

You assume responsibility for, among other things, (i) the selection of the Licensed Software to achieve your intended results, (ii) the acquisition of other software (including any programming or operating system software) and/or equipment compatible with the Licensed Software, and (iii) the installation, use and results obtained from the Licensed Software. Further, for the express purpose of limiting the liability against ARAXIS, you agree that, to the maximum extent permitted by law, ARAXIS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, EVEN IF ARAXIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. UPDATES

ARAXIS may, from time to time, revise or update the Licensed Software. In so doing, ARAXIS incurs no obligation to furnish such revision or updates to you.

8. GENERAL

This License is personal between you and ARAXIS. It is not transferable and any attempt by you to rent, lease, sublicense, assign or transfer any of the rights, duties or obligations hereunder, except as provided in Section 2, above, is void. This Agreement and the conduct of the parties hereto shall be governed by the laws of the United Kingdom.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ARAXIS WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND ARAXIS OR ARAXIS' AGENT(S) RELATING TO THE LICENSED SOFTWARE.