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EULA - End User License Agreement

End-User License Agreement
1.1 Customer. Customer means the entity or individual that purchaes a registration code for the SOFTWARE

2. GRANT OF LICENSE

2.1 Rights and Limitations of Grant. PATRICK KENNEDY hereby grants Customer the following non-exclusive, non-

transferable right to use the SOFTWARE, with the following limitations.

2.1.1 Rights. Customer may install and use one copy of the SOFTWARE on a single computer, and except for making one

back-up copy of the Software, may not otherwise copy the SOFTWARE. This LICENSE of SOFTWARE may not be shared or used

concurrently on different computers.

2.1.3 Limitations

No Reverse Engineering. Customer may not reverse engineer, decompile, or disassemble the SOFTWARE, nor attempt in any

other manner to obtain the source code.

No Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated

for use on more than one computer, nor otherwise used separately from the other parts.

No Rental. Customer may not rent or lease the SOFTWARE to someone else.

3. TERMINATION

This LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In

such event, Customer must destroy all copies of the SOFTWARE and all of its component parts.

Defensive Suspension. If Customer commences or participates in any legal proceeding against PATRICK KENNEDY, then

PATRICK KENNEDY may, in his sole discretion, suspend or terminate all license grants and any other rights provided

under this LICENSE during the pendency of such legal proceedings.

4. COPYRIGHT

All title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations,

video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials,

and any copies of the SOFTWARE, are owned by PATRICK KENNEDY. The SOFTWARE is protected by copyright laws and

international treaty provisions. Accordingly, Customer is required to treat the SOFTWARE like any other copyrighted

material, except as otherwise allowed pursuant to this LICENSE and that it may make one copy of the SOFTWARE solely

for backup or archive purposes.

5. APPLICABLE LAW

This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of

California. The United Nations Convention on Contracts for the International Sale of Goods is specifically

disclaimed.

6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY

6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND PATRICK

KENNEDY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED

TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL

PATRICK KENNEDY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER

(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF

BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN

IF PATRICK KENNEDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. SYSTEM UPDATES

7.1 Customer hereby agrees and acknowledges that the SOFTWARE may access, collect non-personally identifiable

information about, update, and configure Customer's system in order to properly optimize such system for use with the

SOFTWARE. To the extent that Customer uses the SOFTWARE, Customer hereby consents to all of the foregoing, and

represent and warrant that Customer has the right to grant such consent. In addition, Customer agrees that Customer

is solely responsible for maintaining appropriate data backups and system restore points for Customer's system, and

that PATRICK KENNEDY will have no responsibility for any damage or loss to such system (including loss of data or

access) arising from or relating to (a) any changes to the configuration, application settings, environment

variables, registry, drivers, BIOS, or other attributes of the system (or any part of such system) initiated through

the SOFTWARE
8. MISCELLANEOUS

If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision

will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This

LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and

supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral

or written. This LICENSE may only be modified in writing signed by PATRICK KENNEDY. Customer agrees that it will not

ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by the United

States Bureau of Industry and Security or any export laws, restrictions or regulations.