This End-User License Agreement ("EULA") is a legal agreement between you, either an individual or a single entity ("Customer" or "you"), and HolyCode, Inc.. By installing, copying, or otherwise using the above software product, including computer software, associated media, any printed materials, and any "online" or electronic documentation (the "Software" or the "ZipBuilder"), you agree to be bound by the terms of this EULA. CLICKING "I AGREE" OR INSTALLING OR USING THE SOFTWARE INDICATES YOUR CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree to the terms of this EULA, promptly return the unused Software to your supplier for a full refund.
1. GRANT OF LICENSE
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. Any rights not explicitly granted under this EULA are hereby reserved. Provided you have paid all applicable fees and registered the Software with HolyCode, Inc., the EULA grants you the following personal, non-exclusive, non-transferable rights:
(a) You may use the Software on any single computer; use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person; use the Software on a second computer so long as only one copy is used at a time; or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
(b) You may not decompile, disassemble, extract or otherwise reverse engineer any of the Software. You shall not have the right to obtain or use any source code for the Software, nor copy, reproduce, or distribute the Software except as provided above. You agree not to rent or lease the Software, nor use the Software to render time sharing or service bureau services. You may not use the Software in a software production "foundry" environment to make third party software ready for manufacture or installation, except for your internal use.
2. WARRANTY, REMEDY AND LIMITATIONS
(a) HolyCode corp. warrants only that the Software will perform in substantial accordance with the accompanying user manual for ninety (60) days following your receipt of the Software.
(b) Some states do not allow certain warranty limitations, so the restrictions of this Section 2 will apply only to the full extent permitted by applicable law.
(c) EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Customer assumes all risks as to selection, quality, installation, results and performance. HolyCode does not warrant that the Software will meet Customer's requirements or that the operation of the Software will be uninterrupted or error free.
(d) NEITHER HOLYCODE NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION OR DELAY, OR LOSS OR INABILITY TO USE DATA), EVEN IF HOLYCODE OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL HOLYCODE LIABILITY UNDER THIS AGREEMENT EXCEED THE SUM OF ANY AMOUNTS PAID HEREUNDER BY CUSTOMER TO HOLYCODE Corp.
