License for AOcell Testware
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End User License Agreement for AOcell
Testware
Thank you for trying out the Software! By using this software, including any third party software made available in conjunction with this software, ("The Software"), you agree to accept a license under and be bound by the following terms and conditions of this agreement (the "Agreement") with AOcell Software (collectively referred to herein as "AOcell Software"):
Non-Commercial Use Only
The Software is made available to you for your non-commercial use only. This means that you may use it at work or at home, but you first need to obtain AOcell Software's permission if you want to sell the Software or any information, services, or software associated with or derived from the Software, or if you want to modify, copy (except as explicitly provided below), license, or create derivative works from the Software (collectively, "Commercial Use").
In the event that you would like to use the Software for Commercial Use, please contact us requesting permission for such Commercial Use (and detailing the specific type of Commercial Use requested) at mailto:sales@aocell.com. You may not use the Software in any manner that could damage, disable, overburden, or impair AOcell Software's services (e.g., you may not use the Software in an automated manner), nor may you use the Software in any manner that could interfere with any other party's use and enjoyment of AOcell Software's services.
This Agreement allows you to install and use the Software on a single computer. You may make copies of the Software and distribute such copies to other persons employed by your employer's organization, provided that each such recipient has had an opportunity to review and agrees to be bound by this Agreement prior to any use of the Software. If others employed by your employer's organization do not have this opportunity to review and/or do not individually agree to be bound by this Agreement and you would still like to distribute copies to them, you may do so provided that you have the legal right to bind your employer's organization and others within your employer's organization to this Agreement. If you do not have this right and the recipients do not have an opportunity to review and/or do not agree to be bound by this Agreement, you may not distribute the Software to them. If you have any questions regarding the terms of distribution, please contact us at mailto:sales@aocell.com.
For each copy of the Software authorized under this license, you may make one backup copy, provided your backup copy is not installed or used concurrently on different computers. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. AOcell Software is not obligated to provide maintenance, support, or updates to you for the Software.
If you have comments on the Software or ideas on how to improve it, please contact us at mailto:support@aocell.com. Please note that by doing so, you also grant to AOcell Software and third parties permission to use and incorporate your ideas or comments into the Software (or third party software) without further compensation.
Proper Use
You agree that you will use the Software in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not agree to, and shall not authorize or encourage any third party to: (i) use the Software to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) use the Software for any fraudulent or inappropriate purpose; or (iv) act in any way that violates this Agreement, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this license, and may subject you to state, national and/or international penalties and other legal consequences.
Automatic Updates
The Software may communicate with AOcell Software's servers to check for available updates to the Software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). During this process, the Software creates a randomly generated number for updating the software, which is not associated with any personally identifying information. The Software sends AOcell Software a request for the latest Software version information. If a newer version is available, the Software will give you the option of downloading it. The Software asks for permission before downloading an updated version. If you wish to disable the automated check for updates, please see the FAQ [ http://www.aocell.com/link/faq.php ] for details. By installing the Software and not disabling the automated check for Updates, you hereby agree to automatically request and receive Updates from AOcell Software's servers.
Intellectual Property
You acknowledge that AOcell Software, its subsidiaries and affiliates, and/or third parties own all right, title and interest in and to the Software, portions thereof, and any software or other materials (not including user photos or message text) provided through or in conjunction with the Software, including without limitation all intellectual property rights. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software. You also agree to not remove, obscure, or alter AOcell Software's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.
Disclaimer of Warranties
To the fullest extent permitted by applicable law, AOcell Software and its licensors and suppliers disclaim any responsibility for any harm resulting from your use of the Software and/or any third party software accessed in conjunction with or through the Software.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AOCELL SOFTWARE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM (A) ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; AND (B) ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH 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 OR USE OF THE SOFTWARE AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL AOCELL SOFTWARE, ITS SUBSIDIARIES AND AFFILIATES OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE 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. 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. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Further Limitation of Liability
It is your responsibility to ensure that you obtain all consents, authorizations and clearances in any data or photographs owned or controlled by third parties that you transmit, access or communicate to others using the Software. AOcell Software will not be liable in any way (a) for any errors or omissions in any photographs or data, or for any loss or damage of any kind incurred as a result of any data transmitted via the Software; (b) if you are exposed to photographs or data that are offensive, indecent or objectionable; or (c) for any violations of copyright or other proprietary rights as a result of your use of the Software.
Indemnification
It is your responsibility to ascertain whether any copyright or other licenses for use of content are necessary and to obtain any such licenses. You agree to copy, distribute, display, and modify only those materials which you have the necessary permission to use. You agree to hold harmless and indemnify AOcell Software and its subsidiaries, affiliates, and their respective officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Software, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, AOcell Software will provide you with written notice of such claim, suit or action.
Data Practices and Privacy Policy
The Software does not require you to provide any personally identifying information, such as your name or email address. If you send a request to AOcell Software's servers, we record standard log information, including Internet Protocol addresses and information related to your request. We will ask before collecting personally identifying information from you and give you an opportunity to opt out. For a full description of how AOcell Software handles personal information, please see the AOcell Software Privacy Policy [ http://www.aocell.com/link/privacypolicy.php ] and the related FAQs [ http://www.aocell.com/link/faq.php ].
Accessing Other Sites and Servers from AOcell Software
If you access web sites or servers from the AOcell Software website or the Software, your computer will send standard log information, including your IP address. The site you visit may log this information. If you use the AOcell Software website or the Software to link to a merchant site that requires a log-in, you can opt to have the Software and/or AOcell Software save an encrypted copy of your log-in information on your computer.
Miscellaneous Provisions
This Agreement will be governed by the laws of the Hong Kong SAR and you agree to submit to the non-exclusive jurisdiction of the Courts of the Hong Kong SAR in relation to any dispute arising out of your use. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by AOcell Software.
Termination
IF YOU WISH TO TERMINATE THIS AGREEMENT, YOU MAY SIMPLY CEASE USING THE SOFTWARE AND FOLLOW THE UNINSTALL INSTRUCTIONS. AOCELL SOFTWARE RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT AND YOUR AUTHORIZATION TO USE THE SOFTWARE AT ANY TIME WITHOUT CAUSE.
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Thank you for trying out the Software! By using this software, including any third party software made available in conjunction with this software, ("The Software"), you agree to accept a license under and be bound by the following terms and conditions of this agreement (the "Agreement") with AOcell Software (collectively referred to herein as "AOcell Software"):
Non-Commercial Use Only
The Software is made available to you for your non-commercial use only. This means that you may use it at work or at home, but you first need to obtain AOcell Software's permission if you want to sell the Software or any information, services, or software associated with or derived from the Software, or if you want to modify, copy (except as explicitly provided below), license, or create derivative works from the Software (collectively, "Commercial Use").
In the event that you would like to use the Software for Commercial Use, please contact us requesting permission for such Commercial Use (and detailing the specific type of Commercial Use requested) at mailto:sales@aocell.com. You may not use the Software in any manner that could damage, disable, overburden, or impair AOcell Software's services (e.g., you may not use the Software in an automated manner), nor may you use the Software in any manner that could interfere with any other party's use and enjoyment of AOcell Software's services.
This Agreement allows you to install and use the Software on a single computer. You may make copies of the Software and distribute such copies to other persons employed by your employer's organization, provided that each such recipient has had an opportunity to review and agrees to be bound by this Agreement prior to any use of the Software. If others employed by your employer's organization do not have this opportunity to review and/or do not individually agree to be bound by this Agreement and you would still like to distribute copies to them, you may do so provided that you have the legal right to bind your employer's organization and others within your employer's organization to this Agreement. If you do not have this right and the recipients do not have an opportunity to review and/or do not agree to be bound by this Agreement, you may not distribute the Software to them. If you have any questions regarding the terms of distribution, please contact us at mailto:sales@aocell.com.
For each copy of the Software authorized under this license, you may make one backup copy, provided your backup copy is not installed or used concurrently on different computers. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. AOcell Software is not obligated to provide maintenance, support, or updates to you for the Software.
If you have comments on the Software or ideas on how to improve it, please contact us at mailto:support@aocell.com. Please note that by doing so, you also grant to AOcell Software and third parties permission to use and incorporate your ideas or comments into the Software (or third party software) without further compensation.
Proper Use
You agree that you will use the Software in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not agree to, and shall not authorize or encourage any third party to: (i) use the Software to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) use the Software for any fraudulent or inappropriate purpose; or (iv) act in any way that violates this Agreement, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this license, and may subject you to state, national and/or international penalties and other legal consequences.
Automatic Updates
The Software may communicate with AOcell Software's servers to check for available updates to the Software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). During this process, the Software creates a randomly generated number for updating the software, which is not associated with any personally identifying information. The Software sends AOcell Software a request for the latest Software version information. If a newer version is available, the Software will give you the option of downloading it. The Software asks for permission before downloading an updated version. If you wish to disable the automated check for updates, please see the FAQ [ http://www.aocell.com/link/faq.php ] for details. By installing the Software and not disabling the automated check for Updates, you hereby agree to automatically request and receive Updates from AOcell Software's servers.
Intellectual Property
You acknowledge that AOcell Software, its subsidiaries and affiliates, and/or third parties own all right, title and interest in and to the Software, portions thereof, and any software or other materials (not including user photos or message text) provided through or in conjunction with the Software, including without limitation all intellectual property rights. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software. You also agree to not remove, obscure, or alter AOcell Software's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.
Disclaimer of Warranties
To the fullest extent permitted by applicable law, AOcell Software and its licensors and suppliers disclaim any responsibility for any harm resulting from your use of the Software and/or any third party software accessed in conjunction with or through the Software.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AOCELL SOFTWARE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM (A) ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; AND (B) ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH 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 OR USE OF THE SOFTWARE AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL AOCELL SOFTWARE, ITS SUBSIDIARIES AND AFFILIATES OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE 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. 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. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Further Limitation of Liability
It is your responsibility to ensure that you obtain all consents, authorizations and clearances in any data or photographs owned or controlled by third parties that you transmit, access or communicate to others using the Software. AOcell Software will not be liable in any way (a) for any errors or omissions in any photographs or data, or for any loss or damage of any kind incurred as a result of any data transmitted via the Software; (b) if you are exposed to photographs or data that are offensive, indecent or objectionable; or (c) for any violations of copyright or other proprietary rights as a result of your use of the Software.
Indemnification
It is your responsibility to ascertain whether any copyright or other licenses for use of content are necessary and to obtain any such licenses. You agree to copy, distribute, display, and modify only those materials which you have the necessary permission to use. You agree to hold harmless and indemnify AOcell Software and its subsidiaries, affiliates, and their respective officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Software, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, AOcell Software will provide you with written notice of such claim, suit or action.
Data Practices and Privacy Policy
The Software does not require you to provide any personally identifying information, such as your name or email address. If you send a request to AOcell Software's servers, we record standard log information, including Internet Protocol addresses and information related to your request. We will ask before collecting personally identifying information from you and give you an opportunity to opt out. For a full description of how AOcell Software handles personal information, please see the AOcell Software Privacy Policy [ http://www.aocell.com/link/privacypolicy.php ] and the related FAQs [ http://www.aocell.com/link/faq.php ].
Accessing Other Sites and Servers from AOcell Software
If you access web sites or servers from the AOcell Software website or the Software, your computer will send standard log information, including your IP address. The site you visit may log this information. If you use the AOcell Software website or the Software to link to a merchant site that requires a log-in, you can opt to have the Software and/or AOcell Software save an encrypted copy of your log-in information on your computer.
Miscellaneous Provisions
This Agreement will be governed by the laws of the Hong Kong SAR and you agree to submit to the non-exclusive jurisdiction of the Courts of the Hong Kong SAR in relation to any dispute arising out of your use. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by AOcell Software.
Termination
IF YOU WISH TO TERMINATE THIS AGREEMENT, YOU MAY SIMPLY CEASE USING THE SOFTWARE AND FOLLOW THE UNINSTALL INSTRUCTIONS. AOCELL SOFTWARE RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT AND YOUR AUTHORIZATION TO USE THE SOFTWARE AT ANY TIME WITHOUT CAUSE.
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