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.
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.
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.
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.
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.
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 firstname.lastname@example.org