IMPORTANT-READ CAREFULLY: This Xmla Consulting Inc. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Xmla Consulting Inc. for the Xmla Consulting software product accompanying this EULA, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, 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 PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
This EULA grants Client the right to install and use one copy of the SOFTWARE PRODUCT on one computer.
2. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Xmla Consulting Inc. or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.
3. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Xmla Consulting Inc. 18204 Stillwell Ln, Tampa, FL 33647, USA.
4. EXPORT RESTRICTIONS. Client agrees that neither Client nor Client’s customers intend to or will, directly or indirectly, export or transmit (i) the SOFTWARE or related documentation and technical data or (ii) Client’s software product as described in Section 1(b) of this License (or any part thereof), or process, or service that is the direct product of the SOFTWARE, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
If Client acquired this product in the United States, this EULA is governed by the laws of the State of Florida. If this product was acquired outside the United States, then local law may apply.
Should Client have any questions concerning this EULA, or if Client desire to contact Xmla Consulting Inc. for any reason, please contact the XMLA Consulting Inc.
NO WARRANTIES. Xmla Consulting Inc. expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with Client.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Xmla Consulting Inc. or its suppliers 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 of or inability to use this Xmla Consulting Inc. product, even if Xmla Consulting Inc. 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 Client.