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LICENSE-EULA
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LICENSE-EULA
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Simple Subscribe End-User License Agreement (EULA)
This End-User License Agreement ("EULA" or "License") is a legal License between You and SimpleSubscribe.org ("Initial Contributor").
This License governs Your acquisition and use of the Simple Subscribe software ("Software").
For the purposes of this License, "You" (or "Your") means an individual or a legal entity exercising rights under this License. "Contributor" means each individual or legal entity that creates, contributes to the creation of, or owns the Software. "Modifications" means any file that results from an addition to, deletion from, or modification of the contents of the Software; or any new file that contains the Software. "Larger Work" means a work that combines the Software with other material, in a separate file or files, that is not the Software.
Please read this License carefully before completing the installation process and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers.
If You register for a free trial of the Software, this License will also govern that trial. By clicking "accept" or installing and/or using the Software, You are confirming Your acceptance of the Software and agreeing to become bound by the terms of this License.
If You are entering into this License on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these terms and conditions. If You do not have such authority or if You do not agree with the terms and conditions of this License, do not install or use the Software, and You must not accept this License.
This License shall apply only to the Software supplied by Contributors herewith regardless of whether other software is referred to or described herein. The terms also apply to any Contributor Modifications, updates, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
License Grant
The Initial Contributor hereby grants You a personal, non-transferable, non-exclusive licence to use, reproduce, modify, improve, adapt, make available, and distribute the Software, either unmodified, with Modifications, or as part of a Larger Work, in accordance with the terms of this License.
Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice, provided that You also comply with the requirements of this License for the Software.
Intellectual Property and Ownership
The Software is licensed and not sold to You. The Initial Contributor shall at all times retain ownership of the Software as originally downloaded by You and all subsequent downloads of the Software by You. The Software, including without limitation all patent rights, copyrights and other intellectual property rights thereto are and shall remain the property of the Initial Contributor. The Initial Contributor reserves any rights not expressly granted to You.
The Initial Contributor reserves the right to grant licenses to use the Software to third parties.
Termination of Use
This License is effective upon Your downloading the Software and shall continue until terminated. The License will terminate automatically without notice to You if You breach or fail to comply with any of the requirements described herein, including the payment of any applicable fees.
Upon termination of this License, You agree to immediately cease all use of the Software and certify the destruction of all copies of the Software.
Disclaimer of Warranty
The Software is provided under this License on an "as is" basis, without warranty of any kind, either expressed, implied, or statutory, including, without limitation, warranties that the Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Software is with You. Should the Software prove defective in any respect, You (not any Contributor) assume the cost of any necessary servicing, repair, or correction. This disclaimer of warranty constitutes an essential part of this License. No use of any part of the Software is authorized under this License except under this disclaimer.
Limitation of Liability
Under no circumstances shall the Initial Contributor or its affiliates, employees, agents, or any Contributor, or anyone who distributes the Software as permitted by this License, be liable to You for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury resulting from such party’s negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
Litigation
Any litigation relating to this License may be brought only in the courts of a jurisdiction where the defendant maintains its principal place of business and such litigation shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions. Nothing in this section shall prevent a party’s ability to bring cross-claims or counter-claims.