Last updated: April 27, 2016
This EndUser License Agreement
("Agreement") applies to the use of the elm Client API for .NET
("Application"). The terms also apply to any future updates to the
software, except to the extent those have additional terms.
LICENSE
1.
evoleap,
LLC (“We”, “Our”, “Us”) grants you a revocable, nonexclusive,
nontransferable, limited license to download, install and use the Application
solely for your personal, noncommercial, or commercial purposes strictly in
accordance with the terms of this Agreement.
2.
The
Application is protected by the copyright laws of the U.S. and other countries,
and We retain all intellectual property rights in the software.
3.
The
software may include third party components with separate legal notices or
governed by other agreements that can be found in the ThirdPartyLicenses
folder accompanying the software. Even if such components are governed by other
agreements, the disclaimers and the limitations on and exclusions of damages below
also apply.
RESTRCITONS
4.
You
agree not to, and you will not permit others to:
a)
Demonstrate,
copy, rent, lease, sell, sublicense, assign, market or otherwise transfer any
portion of the Application to any third party; or
b)
Publish
or otherwise disclose or provide information in connection with the
Application, documentation, or any related information including but not
limited to information relating to performance or quality of the Application to
any third party; or
c)
Modify,
reuse, disassemble, decompile (or attempt to derive the source code of the
Application), reverse engineer or otherwise translate the Application or any
portion thereof, including, without limitation, any software delivered with the
Application, except and only to the extent that this limitation is expressly
prohibited by applicable law notwithstanding this limitation; or
d)
Create
any software program that links, embeds or makes direct function calls to run
time or other components licensed by Us from third parties; or
e)
Remove,
alter or cause not to be displayed, any trademarks, copyright notices or
start-up messages contained in the Application; or
f)
Remove
or attempt to remove or circumvent any security measures installed in the
Application; or
g)
Create
any derivative works of the Application.
MODIFICATIONS TO APPLICATION
5.
evoleap,
LLC reserves the right to modify, suspend or discontinue, temporarily or
permanently, the Application or any service to which it connects, with or
without notice and without liability to you.
FEEDBACK
6.
If
you give feedback about the software to Us, you give to Us, without charge, the
right to use, share and commercialize your feedback in any way and for any
purpose. These rights survive this agreement.
NO WARRANTY
7.
THE
APPLICATION IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT WITHOUT ANY
WARRANTY. IT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE APPLICATION IS WITH YOU. SHOULD THE APPLICATION
PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
LIMITATIONS ON LIABILITY
8.
IN
NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL WE BE LIABLE TO YOU FOR
DAMAGES, INCLUDING ANY GENERAL, LOST PROFITS, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
APPLICATION (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
APPLICATION TO OPERATE WITH ANY OTHER APPLICATIONS), EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERM AND TERMINATION
9.
This
Agreement shall remain in effect until terminated by you or Us. evoleap, LLC
may, in its sole discretion, at any time and for any or no reason, suspend or
terminate this Agreement with or without prior notice.
10.
This
Agreement will terminate immediately, without prior notice from Us, in the
event that you fail to comply with any provision of this Agreement. You may
also terminate this Agreement by deleting the Application and all copies
thereof from your mobile device or from your desktop.
11.
Upon
termination of this Agreement, you shall cease all use of the Application and
delete all copies of the Application from your mobile device or from your
desktop.
GENERAL PROVISIONS
12.
If
any provision of this Agreement is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
13.
Texas
state law governs the interpretation of this Agreement and applies to claims
for breach of it, regardless of conflicts of law principles.
14.
evoleap,
LLC reserves the right, at its sole discretion, to modify or replace this
Agreement at any time. If a revision is material, we will provide at least 30
(changes this) days' notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole discretion.
15.
This
agreement will apply from the date of the installation of the software.
16.
If
you have any questions about this Agreement, please contact Us at
support@evoleap.com