Terms of Use
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By accessing or using this software, you acknowledge that you have read, understand and agreed to the End User License Agreement (EULA) of this software and any other services/ products provided to you.
END USER LICENSE AGREEMENT FOR ACHIEVER SOFTWARE
This End User License Agreement (EULA) is a legal agreement between you, an individual person or a single legal entity, who will be referred to in this EULA as You and ACHIEVER, who will be referred to in this EULA as the Licensor. The Achiever software including this software and any associated media, printed materials and electronic documentation will be referred to in this EULA as the Software. The Software also includes any software updates, add-on components, web services and/or supplements that the Licensor may provide to You or make available to You after the date You obtain Your initial copy of the Software to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing 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, Licensor is unwilling to license the Software. In such event, You may not install, copy, download or otherwise use the Software.
SOFTWARE LICENSE
The Software is protected by intellectual property laws and treaties. The Software is licensed, not sold.
GRANT OF LICENSE
This EULA grants You the following rights:
You may install and use one (1) copy of the Software.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
You may not reverse engineer, decompile, or disassemble the Software.
This EULA does not grant You any rights in connection with any trademarks or service marks of Licensor or its suppliers.
You may not rent, lease, lend or provide commercial hosting services to third parties with the Software.
Licensor may provide You with support services related to the Software (Support Services).
Any supplemental software code provided to You as part of the Support Services are considered part of the Software and subject to the terms and conditions of this EULA. You acknowledge and agree that Licensor may use technical information You provide to Licensor as part of the Support Services for its business purposes, including for product support and development.
Without prejudice to any other rights, Licensor or its suppliers may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the Software and all of its component parts.
All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and applets incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Licensor or its suppliers. All title and intellectual property rights in and to the content that is not contained in the Software, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. All rights not specifically granted under this EULA are reserved by Licensor and its suppliers.
DISCLAIMER OF WARRANTIES
THE LICENSOR, ACHIEVER AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ANY AND ALL OTHER PROMISES, REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF LACK OF VIRUSES, OF WORKMANLIKE EFFORT AND OF LACK OF NEGLIGENCE, 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. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE LICENSOR, ACHIEVER DOES NOT WARRANT THAT ITS ADVICE OR PROGRAMMING ON BEHALF OF YOU WILL BE ERROR FREE.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES IN NO EVENT SHALL THE LICENSOR, ACHIEVER 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 PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR BUSINESS INTERRUPTION, 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 THE LICENSOR, ACHIEVER OR ANY SUPPLIER, AND EVEN IF THE LICENSOR, ACHIEVER OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES
THE ENTIRE LIABILITY OF THE LICENSOR, ACHIEVER AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
ENTIRE AGREEMENT
This Terms and Conditions and EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and the Licensor relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. Should any policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
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