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IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE INSTALLING OR USING ROAD TOAD. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE.
This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "Licensee") and Chris Worcester, an individual ("Licensor") for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software").
1. GRANT OF LICENSE: Licensor grants Licensee a non-exclusive, non-transferable, limited license to install and use the Software solely for personal, non-commercial purposes in accordance with the terms and conditions of this Agreement.
2. INTELLECTUAL PROPERTY: The Software is protected by copyright and other intellectual property laws. The Software is licensed, not sold. All title and copyrights in and to the Software, including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the Software, are owned by Licensor.
3. RESTRICTIONS: Licensee shall not: a. Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software. b. Remove any proprietary notices or labels on the Software. c. Use the Software for any purpose other than the authorized use as described in Section 1.
4. SUPPORT AND UPDATES: Licensor may provide updates or support for the Software at its discretion.
5. TERMINATION: This Agreement is effective until terminated. Licensee may terminate it at any time by destroying all copies of the Software. This Agreement will also terminate if Licensee fails to comply with any term or condition. Upon termination, Licensee agrees to destroy all copies of the Software.
6. DISCLAIMER OF WARRANTY: The Software is provided "as is" without any warranty, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Licensor does not warrant that the functions contained in the Software will meet Licensee's requirements or that the operation of the Software will be uninterrupted or error-free.
7. LIMITATION OF LIABILITY: In no event shall Licensor be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of the use of or inability to use the Software, even if Licensor has been advised of the possibility of such damages.
8. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the United States of America. Any legal action or proceeding arising under this Agreement will be brought exclusively in the courts located in North Carolina, and the parties hereby consent to the personal jurisdiction and venue therein.
9. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements.
By installing or using the Software, the Licensee acknowledges that they have read this Agreement, understand it, and agree to be bound by its terms.