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End User License Agreement
This document defines the End User License Agreement (“EULA”) between the Licensee (“you” or “your”) and Physical Numerics, LLC (“Physical Numerics”) for this copy of Zero Gravity Pool and its accompanying files and documentation (“the Software Product”). The Software Product is licensed and not sold, and is protected by copyright laws and treaties, as well as other laws and treaties for intellectual property. Physical Numerics owns intellectual property rights in the Software Product. Your license to use, download, copy or change the software is subject to protections of these rights and all the terms and conditions of this End User License Agreement (“EULA”).
Acceptance
By selecting the “Accept” option and downloading, installing, or using the Software Product, you agree to be bound by the terms of this license agreement. You must agree to all the terms of this agreement before you will be allowed to download, install, or use the Software Product. If you do not agree to all the terms of this agreement, you must not download, install, or use the Software Product.
License Grant
Under this EULA, Physical Numerics grants you a revocable, non-exclusive, non-transferrable, limited right to install and use a single copy of the Software Product for personal and non-commercial purposes, and to make one archival copy of the Software Product. The archival copy must be on a storage medium other than a Hard Disk Drive (HDD) or Solid-State Drive (SSD), for example an optical disk such as a Compact Disc (CD) or Digital Versatile Disc (DVD), and may only be used for re-installation of the Software Product. This EULA does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at a given time, on a system that allows shared use of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Use or installation of multiple copies are only allowed if you provide an appropriate licensing agreement for each user and each copy of the Software Product. For further information on obtaining licenses for multiple copies or users of the Software Product, please contact:
Customer Support, Physical Numerics
contact@physicalnumerics.com
+1.919.332.5787
P.O. Box 90221
Raleigh, NC 27675-0221
http://www.physicalnumerics.com
Restrictions on Use and Transfer
You may not assign your rights and obligations under this EULA to redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to license the Software Product without the express written consent of Physical Numerics. You shall not decompile, reverse engineer, modify, disassemble, attempt to derive the source code of, or decrypt the Software Product. You shall not (a) make any modification, translation, or derivative work from the Software Product, (b) remove, alter, or obscure any proprietary notice, including any notice of copyright or trademark, of Physical Numerics or its affiliates, suppliers, partners, or licensors of the Software Product, (c) use the product to create a software, service, or product which is directly or indirectly competitive with or in any way a substitute for any service, product, or software offered by Physical Numerics, (d) use any proprietary information or interfaces of Physical Numerics, or other intellectual property of Physical Numerics in the design, development, manufacture, licensing, or distribution of any commercial products, services, or software.
Infringement Acknowledgment
You and Physical Numerics agree that in the event of a third-party claim that the Software Product or your possession or use of the Software Product infringes any third-party’s intellectual property rights, you (and not Physical Numerics) will be responsible for the investigation, defense, settlement, and discharge of any such claim of intellectual property infringement. You agree to notify Physical Numerics within thirty (30) days in writing of being notified of any such claim, at the address below:
Physical Numerics, LLC
P.O. Box 90221
Raleigh, NC 27675-0221
Termination
Physical Numerics may, in its sole and absolute discretion and at any time for any or no reason, suspend or terminate this EULA and your rights hereunder with or without prior notice. If you fail to comply with any terms or conditions of this EULA, then the EULA and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Physical Numerics. Upon termination of this EULA, you shall cease all use of the Software Product, uninstall it, and erase or destroy any archival copies of the Software Product.
Disclaimer of Warranties
You acknowledge and agree that the Software Product is provided on an “as is” basis, and that your use of or reliance upon the Software Product and any third-party content and services accessed thereby is at your sole risk and discretion. Physical Numerics and its affiliates, partners, suppliers, and licensors hereby disclaim, to the fullest extent permitted by law, any and all representations, warranties, and guarantees regarding the application and third-party content and services, whether express, implied, or statutory, and including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
Under no circumstances shall Physical Numerics or its affiliates, partners, suppliers, or licensors be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your access or use of the Software Product or any third-party content or services. Neither shall Physical Numerics or its affiliates, partners, suppliers, or licensors be liable for any such damages arising out of or in connection with your inability to access or use the Software Product and any third-party content or services. Such limitation of liability shall not depend on whether or not the damages were foreseeable, nor whether or not Physical Numerics was advised of the possibility of such damages. Without limiting the generality of this paragraph, the aggregate liability of Physical Numerics to you, whether under contract, tort, statute, or otherwise, shall not exceed the amount of sixty dollars ($60.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
This document defines the End User License Agreement (“EULA”) between the Licensee (“you” or “your”) and Physical Numerics, LLC (“Physical Numerics”) for this copy of Zero Gravity Pool and its accompanying files and documentation (“the Software Product”). The Software Product is licensed and not sold, and is protected by copyright laws and treaties, as well as other laws and treaties for intellectual property. Physical Numerics owns intellectual property rights in the Software Product. Your license to use, download, copy or change the software is subject to protections of these rights and all the terms and conditions of this End User License Agreement (“EULA”).
Acceptance
By selecting the “Accept” option and downloading, installing, or using the Software Product, you agree to be bound by the terms of this license agreement. You must agree to all the terms of this agreement before you will be allowed to download, install, or use the Software Product. If you do not agree to all the terms of this agreement, you must not download, install, or use the Software Product.
License Grant
Under this EULA, Physical Numerics grants you a revocable, non-exclusive, non-transferrable, limited right to install and use a single copy of the Software Product for personal and non-commercial purposes, and to make one archival copy of the Software Product. The archival copy must be on a storage medium other than a Hard Disk Drive (HDD) or Solid-State Drive (SSD), for example an optical disk such as a Compact Disc (CD) or Digital Versatile Disc (DVD), and may only be used for re-installation of the Software Product. This EULA does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at a given time, on a system that allows shared use of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Use or installation of multiple copies are only allowed if you provide an appropriate licensing agreement for each user and each copy of the Software Product. For further information on obtaining licenses for multiple copies or users of the Software Product, please contact:
Customer Support, Physical Numerics
contact@physicalnumerics.com
+1.919.332.5787
P.O. Box 90221
Raleigh, NC 27675-0221
http://www.physicalnumerics.com
Restrictions on Use and Transfer
You may not assign your rights and obligations under this EULA to redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to license the Software Product without the express written consent of Physical Numerics. You shall not decompile, reverse engineer, modify, disassemble, attempt to derive the source code of, or decrypt the Software Product. You shall not (a) make any modification, translation, or derivative work from the Software Product, (b) remove, alter, or obscure any proprietary notice, including any notice of copyright or trademark, of Physical Numerics or its affiliates, suppliers, partners, or licensors of the Software Product, (c) use the product to create a software, service, or product which is directly or indirectly competitive with or in any way a substitute for any service, product, or software offered by Physical Numerics, (d) use any proprietary information or interfaces of Physical Numerics, or other intellectual property of Physical Numerics in the design, development, manufacture, licensing, or distribution of any commercial products, services, or software.
Infringement Acknowledgment
You and Physical Numerics agree that in the event of a third-party claim that the Software Product or your possession or use of the Software Product infringes any third-party’s intellectual property rights, you (and not Physical Numerics) will be responsible for the investigation, defense, settlement, and discharge of any such claim of intellectual property infringement. You agree to notify Physical Numerics within thirty (30) days in writing of being notified of any such claim, at the address below:
Physical Numerics, LLC
P.O. Box 90221
Raleigh, NC 27675-0221
Termination
Physical Numerics may, in its sole and absolute discretion and at any time for any or no reason, suspend or terminate this EULA and your rights hereunder with or without prior notice. If you fail to comply with any terms or conditions of this EULA, then the EULA and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Physical Numerics. Upon termination of this EULA, you shall cease all use of the Software Product, uninstall it, and erase or destroy any archival copies of the Software Product.
Disclaimer of Warranties
You acknowledge and agree that the Software Product is provided on an “as is” basis, and that your use of or reliance upon the Software Product and any third-party content and services accessed thereby is at your sole risk and discretion. Physical Numerics and its affiliates, partners, suppliers, and licensors hereby disclaim, to the fullest extent permitted by law, any and all representations, warranties, and guarantees regarding the application and third-party content and services, whether express, implied, or statutory, and including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
Under no circumstances shall Physical Numerics or its affiliates, partners, suppliers, or licensors be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your access or use of the Software Product or any third-party content or services. Neither shall Physical Numerics or its affiliates, partners, suppliers, or licensors be liable for any such damages arising out of or in connection with your inability to access or use the Software Product and any third-party content or services. Such limitation of liability shall not depend on whether or not the damages were foreseeable, nor whether or not Physical Numerics was advised of the possibility of such damages. Without limiting the generality of this paragraph, the aggregate liability of Physical Numerics to you, whether under contract, tort, statute, or otherwise, shall not exceed the amount of sixty dollars ($60.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.