This End User License Agreement ("License") sets forth the legal terms between Golden Five LLC and "You" (the entity that legally obtained a copy of the Software from Golden Five LLC) with respect to the Golden Five LLC Server Reboot Tool product ("Software"). Please read carefully. By indicating your acceptance of these terms, or by downloading, installing, or using all or any portion of the software, you are agreeing to be bound by the terms of this license. If you do not agree to these terms, do not download, install, or use the software.
Subject to Your compliance with the terms and conditions of this License and payment of any applicable license fees, Golden Five LLC grants to You a limited, non-exclusive, non-transferable, non-sub licensable license to download, install and use a single copy of the Software: (i.) on one primary computer, and (ii.) on one other computer used primarily by You (e.g., a portable computer), provided that the Software is not in concurrent use on more than one device at all times. "Software" includes object code form of the software program, accompanying documentation, related components provided with the Software, and any updates and maintenance releases provided to You. You shall not use the Software to provide any service bureau, rental service, subscription service, or other consulting service where you sell output or results from the Software. This Software is licensed, not sold, and Golden Five LLC grants You only the specific rights expressly set forth in this paragraph. Golden Five LLC reserves all other rights.
You agree not to (i) alter any copyright, trademark, patent, or other proprietary legends on or in the Software; (ii) decompile, reverse engineer, disassemble or otherwise reproduce the Software, or modify or create derivative works based on the Software; (iii) publish, rent, lease, sublicense, distribute, transfer or assign the Software; (iv) use the Software in any manner that could damage, disable, burden, or impair Golden Five LLC’s Devices; or (v) merge the Software into another program. The Software may contain software licensed from third parties ("Licensed Software") and You may not access any Licensed Software made available in connection with or through the Software (e.g., an integrated file viewer) without the presence and execution of the Software. You agree that the owners of such Licensed Software may enforce their rights against You directly in their own name.
The terms of this License will also govern all updates or upgrades provided by Golden Five LLC which replace or supplement the Software, unless such update or upgrade is accompanied by a separate license, in which case the terms of that license will govern. Golden Five LLC does not guarantee that any future updates or upgrades of Software will be made available to You or will be available free of charge. Without limiting the generality of the foregoing, Golden Five LLC may cease offering support of any kind pertaining to the usage of older releases of Software whenever a new release, whether for free or for pay, of Software becomes available.
Golden Five LLC products and services are constantly evolving and Golden Five LLC may change or discontinue the Software or impose new or additional rules, policies, terms or conditions on Your use of the Software and all or part of the terms of this License, without notice or liability to You. Your continued use of the software following Golden Five LLC’S posting of any changed terms will constitute your acceptance of the changed terms.
This License is effective until terminated. You may terminate this License at any time. This License will terminate immediately without notice from Golden Five LLC if You fail to comply with any provision of this License. If You have licensed the Software under a term license, the License shall terminate upon the expiration of the stated license term. Upon termination, you must uninstall, remove, and delete all copies and installations of the Software.
(6.) Disclaimer of Warranty
The software is provided "as is," with no warranties whatsoever. Golden Five LLC expressly disclaims all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Golden Five LLC disclaims any warranties regarding the security, reliability, timeliness, and performance of the software. You understand and agree that you download, install, and/or use the software at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download, installation, or use of the software. Golden Five LLC disclaims any responsibility for any harm resulting from your download, installation, or use of the software.
(7.) Limitations Of Liability
Under no circumstances shall Golden Five LLC be liable to you for your use of the software. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Golden Five LLC has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the software, from inability to use the software, or from the interruption, suspension, or termination of the software (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Notwithstanding anything to the contrary herein, Golden Five LLC’s liability shall in no event exceed the greater of 10% of the amount paid by you for the specific product to which the liability is related or us$100.00.
You agree to indemnify, hold harmless and defend Golden Five LLC, and its officers, directors, employees, affiliates, successors and assigns from and against any claims or lawsuits, including attorney’s fees that arise or result from the use or distribution of the Software in violation of this Agreement.
(9.) Order of Precedence
In the event of a conflict between the terms and conditions of this License, and any negotiated and executed license between Golden Five LLC and You governing Your use of the Software, such written license shall control. In the event of a conflict between the terms and conditions of thi
(10.) Choice Of Law and Venue
This License shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law or conflicts of law rules.