End User License Agreements (EULAs)
G-Type License Agreements
FONTWORKS UK LIMITEDEND USER LICENCE AGREEMENT FOR FONT SOFTWARE Between Fontworks UK Limited (“Fontworks” or the “Licensor”) and the End User/Customer (“You” or the “Licensee”).
1. LICENCE AGREEMENT
This Fontworks End User Licence Agreement (“Licence Agreement”) becomesa legally binding contract between the licensee and the licensor when youaccess Font Software supplied by electronic delivery methods or openpackaging containing Font Software supplied on a storage medium that youhave purchased from Fontworks. Please read all these licence conditionsthoroughly and carefully before proceeding. Once you access the Font Software you agree to comply with and be bound by all the conditionscontained in this Licence Agreement. If there is any condition in theLicence Agreement that you do not accept, please do not access, use ordownload the Font Software. Please contact Fontworks immediately.
2. “FONTWORKS” OR THE “LICENSOR”
For the purpose of this Agreement “Fontworks” or the “Licensor” shall mean collectively Fontworks UK Limited, its successors and assigns,its parent andaffiliated corporations, its authorised distributors, and any third party thathas licensed to Fontworks any or all of the components of the Font Softwaresupplied to you pursuant to this Agreement.
3. “SUPPLIERS”
For the purpose of this Agreement “Suppliers” shall mean and foundry, designer, publisher or third party that has licensed to Fontworks any or all ofthe components of the Font Software supplied to you pursuant to this agreement.
4. GRANT OF LICENSE AND USAGE RIGHTS
4.1 In return for the license fee paid, you are granted a non-exclusive,non-assignable, non-transferable (except as expressly permitted herein) license to use or store the Font Software on a maximum of 5 computers (of any type), whether networked or not, subject to the terms andconditions of this Licence Agreement.
4.2 If the Font Software is required for use on more than 5 computers, this can be achieved by purchasing further copies of the Font Software or by applying to Fontworks for an appropriate Multi-User License,please refer to clause 5.
4.3 The Font Software may not be used or installed on a server that can be accessed via the Internet or other external network system or bycomputers that are not part of the 5 user licensed unit.
4.4 Use of the Font Software shall be deemed to occur when instructionsare given (via a keyboard or otherwise) that activate the Font Software,regardless of the location in which the Font Software resides.
4.5 A copy of the Font Software should always be made for purely back-up purposes.
4.6 Except for your right to use the Font Software in accordance with thisLicence Agreement, all other rights, title and interest in the FontSoftware and related trade names and trademarks are owned andretained by Fontworks and/or its’ Suppliers.
4.7 You agree to establish reasonable procedures to restrict access to and use of the Font Software, trade names and trademarks to complywith the conditions of this Licence Agreement.
5. MULTI-USER LICENSES
5.1 If you need to use or store the Font Software on more than 5 computers,you need to purchase an appropriate multi-user licence that can betailored to suit your specific requirements.
5.2 When determining the number of computers to be licensed, you mustinclude all computers that might have access to or might store the FontSoftware at any point in time. The number must include concurrentand non concurrent use.
5.3 If the Font Software is stored on a server that is attached to a Local Area Network (LAN) or a Wide Area Network (WAN), every computerthat has access to the Font Software must be included in the multi-userlicence number to ensure that every computer is properly licensed.
5.4 Please contact Fontworks if you think that a 5 computer licence isinsufficientfor your requirements. Fontworks can then calculate andpropose a suitably tailored licence to meet your needs.
6. FONT SOFTWARE
6.1 The term “Font Software” relates to the digital font data supplied toyou from Fontworks by electronic or other means. This digital data mayinclude, but is not limited to, a single typeface weight/style, atypeface family, a font or typeface collection/library or any combinationof these products.
6.2 Font Software includes any updates, upgrades, expansions, modifiedversions, copies, format or other derivative of the original font datasupplied to you from Fontworks.
6.3 The Font Software and all modifications or derivatives of the FontSoftware shall remain, now and in the future, the exclusive propertyof Fontworks and/or its’ Suppliers.
7. EMBEDDING RIGHTS
7.1 Embedding of the Font Software into electronic documents, presentations, internet pages or other similar use is only permittedwhere the Font Software cannot be modified or extracted. You mustensure that where the Font Software is used in such applications thatthe Font Software is secure and cannot be used for editing purposesor extracted for the creation of new documents.
7.2 If you want to create documents or files that permit embedded FontSoftware to be edited or modified in any way, a separate licence agreement is required that is subject to an additional charge. Pleasecontact Fontworks for details.
8. OTHER RESTRICTIONS
8.1 You are not permitted to modify, adapt, translate, reverse engineer,decompile or disassemble the Font Software.
8.2 You are not permitted to merge the Font Software with or into othersoftware programs. However, this may be permissable in certain circumstances. A separate licence agreement would be required that issubject to an additional charge. Please contact Fontworks for details.
8.3 You are not permitted to use the Font Software, or any component of the Font Software, for or as a basis for your own software development or own Font Software development.
8.4 You are not permitted to modify the trademark name, the font name,trade name, licence conditions, any identifying tags or any other partof the Font Software without the express permission of Fontworks.
8.5 All modifications of the Font Software remain the exclusive propertyof Fontworks and/or its’ Suppliers.
8.6 Any modifications that are not authorised by Fontworks in writinginvalidate all warranties and support granted with this licence andare deemed to be a breach of this Licence Agreement.
9. ASSIGNMENT
9.1 You are not authorised to sublicence, sell, lease, rent or lend the FontSoftware to any third party.
9.2 You may permanently transfer all of your rights to use the Font Software to a third party provided that: the third party agreesto bebound by and complies with this Licence Agreement; you transfer this License Agreement together with its associated documentation (if any)and the original and all copies of the Font Software to the third party; delete all relative Font Software from your computer network agreeingnot to retain any copies in whole or part and inform Fontworks inwriting of the transfer with details of the third party.
10. TERMINATION
10.1 This Licence Agreement will immediately and automatically terminate without notice if the licensee fails to comply with any and all of its terms and conditions.
10.2 Upon termination the licensee agrees to return the original Font Software, all copies and any associated documentation to Fontworks.
10.3 Upon termination the licensee agrees to provide written assurancethat no copies of the Font Software have been retained.
10.4 Fontworks and its’ Suppliers reserves the right to assert claims fordamages and/or compensation in the event of termination due to abreach of this Licence Agreement by the Licensee.
11. DISCLAIMER AND LIMITED WARRANTY
11.1 Fontworks and its’ Suppliers warrants that for a period of ninety (90) days from the date of purchase of the Font Software, that the FontSoftware will under normal use and circumstances appear and performsatisfactorily and be free from material defects.
11.2 To make a warranty claim, you must return the Font Software, includinga copy of the sales receipt, within the 90-day warranty period toFontworks.
11.3 Fontworks and its’ Suppliers entire liability and the licensees’ exclusiveremedy in connection with the Font Software is replacementof theFont Software should this be defective or, at Fontworks’ option,the return of the purchase price paid to Fontworks.
11.4 Fontworks and its’ Suppliers does not and cannot warrant theperformance or results the licensee may obtain by using the FontSoftware or Documentation.
11.5 The foregoing states the sole and exclusive liability of Fontworks and its’ Suppliers in the event that Fontworks and/or its’ Suppliers are inbreach ofthis Licence Agreement.
11.6 Except for the foregoing limited warranty, Fontworks and its’ Suppliersmake no warranties, express or implied, as to non-infringement of thirdp a r t yrights, merchantability, or fitness for any particular purpose.
11.7 In no event will Fontworks and/or its’ Suppliers be liable to the licensee for any consequential, incidental or special damages, includingwithout limitations any lost profits, lost data, lost businessopportunities or lost savings, even if Fontworks has been advised ofthe possibility of such damages, or for any claim against the licenseeby any third party seeking such damages even if Fontworks has beenadvised of the possibility of such damages.
11.8 Fontworks and/or its’ Suppliers shall have no responsibility in theevent of any claim resulting from accident, fire, theft, negligence, abuse or misapplication of the Font software.
11.9 Claims for compensation for idle time, loss of production, waste of material or any other indirect damage claim are explicitly excluded.
11.10 Fontworks and its’ Suppliers do not assume any liability for any loss or damage relating to this License Agreement.
12. INTELLECTUAL PROPERTY AND TRADEMARKS
12.1 The Font Software purchased under this Licence Agreement is thesole property of Fontworks and/or its’ Suppliers.
12.2 All intellectual property, trade names and trademarks related to theFont Software purchased under this Licence Agreement are the sole property of Fontworks and/or its’ Suppliers.
12.3 You are not permitted to make any copies of the Font Software or anycomponent of the Font Software except one copy solely for back-uppurposes or such copies as are necessary for installation of the FontSoftware.
12.4 This Licence Agreement does not grant you any ownership of theFont Software or ownership of any intellectual property rights.
12.5 The use of any trade name or trademark permitted by this LicenceAgreement does not give you any rights to ownership of that tradename or trademark.
12.6 All trademarks shall be used in accordance with accepted trademarkpractice and include identification of the trademark owner.
13. GENERAL
13.1 The terms and conditions contained in this Licence Agreement constitutethe entire agreement between the parties.
13.2 Any verbal agreements are only binding upon Fontworks if they havebeen acknowledged and confirmed in writing by Fontworks.
13.3 Changes to this contract will only become effective when made inwriting and signed by both parties.
13.4 In the event that any provision or part of a provision of this LicenceAgreement is found by any authority or court of competent jurisdictionto be invalid or unenforceable, such invalidity or unenforceability shallnot affect the other provisions or parts of such provisions of thisLicence Agreement, all of which shall remain in full force and effect.
13.5 Any invalid or unenforceable provision may be replaced by a newprovision that is permitted by law and that preserves as far as possible the intended economic purpose of the original provision.
13.6 This Licence Agreement shall be construed, governed and enforced by the Laws of England. The place of jurisdiction will be England and theparties hereto submit to the non-exclusive jurisdiction of the English courts for dealing with any matter arising hereunder.
FontWorks UK Limited
New North House
202-208 New North Road
London N1 7BJ
United Kingdom
T: +44 (0) 20 7226 4411
F: +44 (0) 20 7226 4422
E: sales@type.co.uk
1. LICENCE AGREEMENT
This Fontworks End User Licence Agreement (“Licence Agreement”) becomesa legally binding contract between the licensee and the licensor when youaccess Font Software supplied by electronic delivery methods or openpackaging containing Font Software supplied on a storage medium that youhave purchased from Fontworks. Please read all these licence conditionsthoroughly and carefully before proceeding. Once you access the Font Software you agree to comply with and be bound by all the conditionscontained in this Licence Agreement. If there is any condition in theLicence Agreement that you do not accept, please do not access, use ordownload the Font Software. Please contact Fontworks immediately.
2. “FONTWORKS” OR THE “LICENSOR”
For the purpose of this Agreement “Fontworks” or the “Licensor” shall mean collectively Fontworks UK Limited, its successors and assigns,its parent andaffiliated corporations, its authorised distributors, and any third party thathas licensed to Fontworks any or all of the components of the Font Softwaresupplied to you pursuant to this Agreement.
3. “SUPPLIERS”
For the purpose of this Agreement “Suppliers” shall mean and foundry, designer, publisher or third party that has licensed to Fontworks any or all ofthe components of the Font Software supplied to you pursuant to this agreement.
4. GRANT OF LICENSE AND USAGE RIGHTS
4.1 In return for the license fee paid, you are granted a non-exclusive,non-assignable, non-transferable (except as expressly permitted herein) license to use or store the Font Software on a maximum of 5 computers (of any type), whether networked or not, subject to the terms andconditions of this Licence Agreement.
4.2 If the Font Software is required for use on more than 5 computers, this can be achieved by purchasing further copies of the Font Software or by applying to Fontworks for an appropriate Multi-User License,please refer to clause 5.
4.3 The Font Software may not be used or installed on a server that can be accessed via the Internet or other external network system or bycomputers that are not part of the 5 user licensed unit.
4.4 Use of the Font Software shall be deemed to occur when instructionsare given (via a keyboard or otherwise) that activate the Font Software,regardless of the location in which the Font Software resides.
4.5 A copy of the Font Software should always be made for purely back-up purposes.
4.6 Except for your right to use the Font Software in accordance with thisLicence Agreement, all other rights, title and interest in the FontSoftware and related trade names and trademarks are owned andretained by Fontworks and/or its’ Suppliers.
4.7 You agree to establish reasonable procedures to restrict access to and use of the Font Software, trade names and trademarks to complywith the conditions of this Licence Agreement.
5. MULTI-USER LICENSES
5.1 If you need to use or store the Font Software on more than 5 computers,you need to purchase an appropriate multi-user licence that can betailored to suit your specific requirements.
5.2 When determining the number of computers to be licensed, you mustinclude all computers that might have access to or might store the FontSoftware at any point in time. The number must include concurrentand non concurrent use.
5.3 If the Font Software is stored on a server that is attached to a Local Area Network (LAN) or a Wide Area Network (WAN), every computerthat has access to the Font Software must be included in the multi-userlicence number to ensure that every computer is properly licensed.
5.4 Please contact Fontworks if you think that a 5 computer licence isinsufficientfor your requirements. Fontworks can then calculate andpropose a suitably tailored licence to meet your needs.
6. FONT SOFTWARE
6.1 The term “Font Software” relates to the digital font data supplied toyou from Fontworks by electronic or other means. This digital data mayinclude, but is not limited to, a single typeface weight/style, atypeface family, a font or typeface collection/library or any combinationof these products.
6.2 Font Software includes any updates, upgrades, expansions, modifiedversions, copies, format or other derivative of the original font datasupplied to you from Fontworks.
6.3 The Font Software and all modifications or derivatives of the FontSoftware shall remain, now and in the future, the exclusive propertyof Fontworks and/or its’ Suppliers.
7. EMBEDDING RIGHTS
7.1 Embedding of the Font Software into electronic documents, presentations, internet pages or other similar use is only permittedwhere the Font Software cannot be modified or extracted. You mustensure that where the Font Software is used in such applications thatthe Font Software is secure and cannot be used for editing purposesor extracted for the creation of new documents.
7.2 If you want to create documents or files that permit embedded FontSoftware to be edited or modified in any way, a separate licence agreement is required that is subject to an additional charge. Pleasecontact Fontworks for details.
8. OTHER RESTRICTIONS
8.1 You are not permitted to modify, adapt, translate, reverse engineer,decompile or disassemble the Font Software.
8.2 You are not permitted to merge the Font Software with or into othersoftware programs. However, this may be permissable in certain circumstances. A separate licence agreement would be required that issubject to an additional charge. Please contact Fontworks for details.
8.3 You are not permitted to use the Font Software, or any component of the Font Software, for or as a basis for your own software development or own Font Software development.
8.4 You are not permitted to modify the trademark name, the font name,trade name, licence conditions, any identifying tags or any other partof the Font Software without the express permission of Fontworks.
8.5 All modifications of the Font Software remain the exclusive propertyof Fontworks and/or its’ Suppliers.
8.6 Any modifications that are not authorised by Fontworks in writinginvalidate all warranties and support granted with this licence andare deemed to be a breach of this Licence Agreement.
9. ASSIGNMENT
9.1 You are not authorised to sublicence, sell, lease, rent or lend the FontSoftware to any third party.
9.2 You may permanently transfer all of your rights to use the Font Software to a third party provided that: the third party agreesto bebound by and complies with this Licence Agreement; you transfer this License Agreement together with its associated documentation (if any)and the original and all copies of the Font Software to the third party; delete all relative Font Software from your computer network agreeingnot to retain any copies in whole or part and inform Fontworks inwriting of the transfer with details of the third party.
10. TERMINATION
10.1 This Licence Agreement will immediately and automatically terminate without notice if the licensee fails to comply with any and all of its terms and conditions.
10.2 Upon termination the licensee agrees to return the original Font Software, all copies and any associated documentation to Fontworks.
10.3 Upon termination the licensee agrees to provide written assurancethat no copies of the Font Software have been retained.
10.4 Fontworks and its’ Suppliers reserves the right to assert claims fordamages and/or compensation in the event of termination due to abreach of this Licence Agreement by the Licensee.
11. DISCLAIMER AND LIMITED WARRANTY
11.1 Fontworks and its’ Suppliers warrants that for a period of ninety (90) days from the date of purchase of the Font Software, that the FontSoftware will under normal use and circumstances appear and performsatisfactorily and be free from material defects.
11.2 To make a warranty claim, you must return the Font Software, includinga copy of the sales receipt, within the 90-day warranty period toFontworks.
11.3 Fontworks and its’ Suppliers entire liability and the licensees’ exclusiveremedy in connection with the Font Software is replacementof theFont Software should this be defective or, at Fontworks’ option,the return of the purchase price paid to Fontworks.
11.4 Fontworks and its’ Suppliers does not and cannot warrant theperformance or results the licensee may obtain by using the FontSoftware or Documentation.
11.5 The foregoing states the sole and exclusive liability of Fontworks and its’ Suppliers in the event that Fontworks and/or its’ Suppliers are inbreach ofthis Licence Agreement.
11.6 Except for the foregoing limited warranty, Fontworks and its’ Suppliersmake no warranties, express or implied, as to non-infringement of thirdp a r t yrights, merchantability, or fitness for any particular purpose.
11.7 In no event will Fontworks and/or its’ Suppliers be liable to the licensee for any consequential, incidental or special damages, includingwithout limitations any lost profits, lost data, lost businessopportunities or lost savings, even if Fontworks has been advised ofthe possibility of such damages, or for any claim against the licenseeby any third party seeking such damages even if Fontworks has beenadvised of the possibility of such damages.
11.8 Fontworks and/or its’ Suppliers shall have no responsibility in theevent of any claim resulting from accident, fire, theft, negligence, abuse or misapplication of the Font software.
11.9 Claims for compensation for idle time, loss of production, waste of material or any other indirect damage claim are explicitly excluded.
11.10 Fontworks and its’ Suppliers do not assume any liability for any loss or damage relating to this License Agreement.
12. INTELLECTUAL PROPERTY AND TRADEMARKS
12.1 The Font Software purchased under this Licence Agreement is thesole property of Fontworks and/or its’ Suppliers.
12.2 All intellectual property, trade names and trademarks related to theFont Software purchased under this Licence Agreement are the sole property of Fontworks and/or its’ Suppliers.
12.3 You are not permitted to make any copies of the Font Software or anycomponent of the Font Software except one copy solely for back-uppurposes or such copies as are necessary for installation of the FontSoftware.
12.4 This Licence Agreement does not grant you any ownership of theFont Software or ownership of any intellectual property rights.
12.5 The use of any trade name or trademark permitted by this LicenceAgreement does not give you any rights to ownership of that tradename or trademark.
12.6 All trademarks shall be used in accordance with accepted trademarkpractice and include identification of the trademark owner.
13. GENERAL
13.1 The terms and conditions contained in this Licence Agreement constitutethe entire agreement between the parties.
13.2 Any verbal agreements are only binding upon Fontworks if they havebeen acknowledged and confirmed in writing by Fontworks.
13.3 Changes to this contract will only become effective when made inwriting and signed by both parties.
13.4 In the event that any provision or part of a provision of this LicenceAgreement is found by any authority or court of competent jurisdictionto be invalid or unenforceable, such invalidity or unenforceability shallnot affect the other provisions or parts of such provisions of thisLicence Agreement, all of which shall remain in full force and effect.
13.5 Any invalid or unenforceable provision may be replaced by a newprovision that is permitted by law and that preserves as far as possible the intended economic purpose of the original provision.
13.6 This Licence Agreement shall be construed, governed and enforced by the Laws of England. The place of jurisdiction will be England and theparties hereto submit to the non-exclusive jurisdiction of the English courts for dealing with any matter arising hereunder.
FontWorks UK Limited
New North House
202-208 New North Road
London N1 7BJ
United Kingdom
T: +44 (0) 20 7226 4411
F: +44 (0) 20 7226 4422
E: sales@type.co.uk
License
The software is licensed, not sold, to you by DynaComware Hong Kong Limited ("DynaComware") for use only under the following terms, and DynaComware reserves any right not expressly granted to you. You own the media on which any Software is recorded, but DynaComware retains ownership of all copies of the Software itself.
This Agreement allows you to:
(a) Use the Software only in conjunction with a single user computer system and output device at a time.
(b) Make one backup copy of the Software, provided your backup copy is not installed or used on any computer.
Restrictions
The Software contains copyrighted material, trade secrets, and other proprietary information which are owned by DynaComware. In order to protect the owner, you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, network, rent, lease, loan, sell, distribute or create derivative works based upon the Software in whole or in part. You may not copy the Software and related explanatory written materials, except as set forth in theLicensesection. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. The Software may not be made available to multiple users or output devices at one time through any networking, terminal access, downloading, internal time sharing or similar arrangement or otherwise. The Software may not be embedded with any other application software (for example:Portable document, e-book...etc.), or make commercial sale.
Termination
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying the Software and all copies thereof. This Agreement will terminate immediately without notice from DynaComware if you fail to comply with any provision of this Agreement. Upon termination, you must destroy the Software and all copies thereof.
Warranty Disclaimer. Limitation of Remedies and Damages.
THIS SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS ARE LICENSEDAS IS. IN NO EVENT WILL DYNACOMWARE, OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGE (INCLUDING DAMAGE FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS EVEN IF DYNALAB OR AN AUTHORIZED DYNACOMWARE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
DYNACOMWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENT OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
General
This Agreement constitute the entire agreement between the parties thereto, and any waiver, amendment or modification hereto shall not be binding unless made in writing and signed by an authorized representative of DynaComware. If any provision of this Agreement shall be held by a court of competent jurisdiction to be void, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
If you need to embed the Software in any application that the matrix imbeds, or make business sale, you have to contact our company.
This Agreement is interpreted and governed by the laws of Hong Kong SAR.
The software is licensed, not sold, to you by DynaComware Hong Kong Limited ("DynaComware") for use only under the following terms, and DynaComware reserves any right not expressly granted to you. You own the media on which any Software is recorded, but DynaComware retains ownership of all copies of the Software itself.
This Agreement allows you to:
(a) Use the Software only in conjunction with a single user computer system and output device at a time.
(b) Make one backup copy of the Software, provided your backup copy is not installed or used on any computer.
Restrictions
The Software contains copyrighted material, trade secrets, and other proprietary information which are owned by DynaComware. In order to protect the owner, you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, network, rent, lease, loan, sell, distribute or create derivative works based upon the Software in whole or in part. You may not copy the Software and related explanatory written materials, except as set forth in theLicensesection. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. The Software may not be made available to multiple users or output devices at one time through any networking, terminal access, downloading, internal time sharing or similar arrangement or otherwise. The Software may not be embedded with any other application software (for example:Portable document, e-book...etc.), or make commercial sale.
Termination
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying the Software and all copies thereof. This Agreement will terminate immediately without notice from DynaComware if you fail to comply with any provision of this Agreement. Upon termination, you must destroy the Software and all copies thereof.
Warranty Disclaimer. Limitation of Remedies and Damages.
THIS SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS ARE LICENSEDAS IS. IN NO EVENT WILL DYNACOMWARE, OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGE (INCLUDING DAMAGE FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS EVEN IF DYNALAB OR AN AUTHORIZED DYNACOMWARE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
DYNACOMWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENT OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
General
This Agreement constitute the entire agreement between the parties thereto, and any waiver, amendment or modification hereto shall not be binding unless made in writing and signed by an authorized representative of DynaComware. If any provision of this Agreement shall be held by a court of competent jurisdiction to be void, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
If you need to embed the Software in any application that the matrix imbeds, or make business sale, you have to contact our company.
This Agreement is interpreted and governed by the laws of Hong Kong SAR.
