End User License Agreement
Before installing any software, you are required to accept all terms and conditions of this agreement. If you do not agree with the terms and conditions of this agreement, do not purchase any software from Hydra101. Verify all System Requirements before purchasing and make sure any software purchased from Hydra101 is compatible with your software and computer system. Due to the nature of Digital Downloads we can not offer any Returns on this product. All sales are final.
1) Scope of Use. In this Agreement, “Software” shall mean the machine readable programs and associated files, and any modified version, upgrades and other copies of such programs or files. You may use the Software on a single central processing unit. You may not rent, loan, or lease, the Software or use the Software on a multi-user system.
2) Proprietary Rights. The structure and organization of the Software are valuable trade secrets of Hydra101 and/or its suppliers licensed to you on a non-exclusive basis. You agree to hold such trade secrets in confidence. You further agree not to translate, disassemble, decompile or reverse engineer the Software in whole or in part.
3) No Other Rights. Hydra101 retains the title and ownership of the Software, the media on which it is recorded, and all subsequent copies of the Software, regardless of the form or media in or on which the original and other copies may exist. Except as stated above, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect of the Software and Documentation.
4) Term. The license is effective until terminated. Hydra101 has the right to terminate your license immediately if you fail to comply with any term of this Agreement. Upon any such termination you must destroy the original and any copies of the Software and Documentation.
5) Limited Warranty. (a) This Limited Warranty and any implied warranties are effective for a period of sixty (60) days from the date of delivery (the “Limited Warranty Period”) as evidenced by a copy of your receipt. Hydra101 warrants to you that the Software will perform substantially in accordance with the Documentation during the Limited Warranty Period. You must report all defects, and return the Software to Hydra101 with a copy of your receipt within such person to be eligible for warranty service. (b) If the Software fails to comply with this warranty, Hydra101 will, at its option and cost, either provide all corrections required for any errors, replace the Software or refund the license fee for the Software. (c) HYDRA101 DOES NOT AND CANNOT WARRANT THE PERFORMANCE FOR RESULT YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR HYDRA101′S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, HYDRA101 MAKES NO WARRANTIES EXPRESSED OR IMPLIED,. AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE. (d) Some States or provinces do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights. You may have other rights which vary from State to State or province to province.
Limited Liability. (a) In no event will HYDRA101 BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A HYDRA101 REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY PARTY. (d) Some States do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you.
Choice of Law. This agreement will be governed by the laws in force in the State of California excluding the application of its conflicts of law rules.
Integration. You acknowledge that you have read this Agreement, understand it and that it is the complete and exclusive statement of your agreement with Hydra101 which supersedes any prior agreement, oral or written between Hydra101 and you. No variation of terms of this Agreement shall be enforceable against Hydra101 unless Hydra101 gives its express consent, in writing signed by an officer of Hydra101.
Assignment. You may assign you rights under this Agreement to a third party who agrees in writing to be bound by this Agreement prior to the assignment provided that you transfer all copies of the Software and the documentation in any form (“Documentation”) to the third party or destroy any copies not transferred. Except as set forth above, you may not assign you rights under this Agreement. You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act.
Notice: Before accepting this agreement, carefully read it. By accepting now, you accept the terms of this agreement.