END-USER LICENSE AGREEMENT FOR INV3RSION, LLC SOFTWARE
Updated: September 4, 2017.
INV3RSION "Conjure" Software, all versions
This End-User License Agreement for INV3RSION Software ("EULA") is a legal agreement between you (either an individual or an entity) and INV3RSION, LLC for the INV3RSION software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy or use the SOFTWARE.
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.
1. GRANT OF LICENSE.
This EULA grants you the following limited, revocable, non-exclusive, nontransferable, royalty-free license rights:
1.1 You may install and use the SOFTWARE on an unlimited number of computers on your premises for the sole purposes of configuring, testing, and demonstrating the capabilities of the SOFTWARE.
1.2 For each license key obtained from INV3RSION , you may install and use the SOFTWARE in an unlimited capacity on one (1) computer system or cluster.
1.3 The VR Juggler Suite used by the SOFTWARE is licensed under the GNU LESSER GENERAL PUBLIC LICENSE (LGPL). More information on the LGPL can be found here at http://www.gnu.org/licenses/lgpl.html
1.5 INV3RSION and its suppliers retain title and all ownership rights to the SOFTWARE. All rights not expressly granted herein are reserved to INV3RSION.
All rights, title, and copyrights in and to the SOFTWARE (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE) and any copies of the SOFTWARE are owned by INV3RSION or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
3.1 You may not reverse-engineer, decompile, or disassemble the object code portions of SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3.2 Without prejudice to any other rights, INV3RSION may terminate this EULA if you fail to comply with any of its terms and conditions by notifying you in writing. Upon receipt of such notice, you must promptly destroy all copies of the SOFTWARE and any part thereof, and certify in writing to INV3RSION that this has been accomplished.
3.3 You may not sell, resell, rent, lease, lend or otherwise transfer for value, the SOFTWARE except as expressly allowed by this EULA.
4. DISCLAIMER OF WARRANTIES; EXCLUSION OF DAMAGES: LIABILITY LIMITATIONS
4.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INV3RSION AND ITS SUPPLIERS PROVIDE THE SOFTWARE, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SOFTWARE ("SUPPORT SERVICES"), "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
4.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INV3RSION OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF INV3RSION OR ANY SUPPLIER, AND EVEN IF INV3RSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4.3 Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of INV3RSION and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to Five U.S. Dollars ($5.00). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
5.1 All SOFTWARE provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
5.2 You agree not to export or re-export the SOFTWARE, any part thereof, or any process or service that is the direct product of the SOFTWARE (the foregoing collectively referred to as the "Restricted Components"), to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (a) to any country to which the U.S. has embargoed or restricted the export of goods or services, which may currently include, but are not necessarily limited to, Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (b) to any end-user who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (c) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
5.3 If you acquired this product in the United States, this EULA shall be construed and controlled by the laws of the State of New Hampshire without regard to conflicts of law. If this product was acquired outside the United States, local law may apply.
5.5 Should you have any questions concerning this EULA, or if you desire to contact INV3RSION for any reason, please send email to email@example.com or write: INV3RSION, LLC, 15 Orchard Hill Road, Goffstown, NH 03045.