Important : Read carefully before using the software. Aten international (hereinafter 'aten') will license the software to you only if you first accept the terms of this agreement. By using, installing, or otherwise using the software you agree to be bound by the terms and conditions stated . If you do not agree to the terms and conditions, do not install, copy, or use the software.
The software is owned by Aten International Ltd., Co. or one of its subsidiaries, and is copyrighted and licensed, not sold. This Agreement includes - General Terms and - Country-unique Terms and is the complete agreement regarding the use of this Software, and replaces any prior oral or written communications between you and Aten International. The Country unique terms may replace or modify those of the General terms.
Aten grants you a nonexclusive license to use the Software.You may use the software and make and install copies to support the level of use authorized, providing you reproduce the copyright notice and any other legends of ownership on each copy, or partial copy, of the Software. You will ensure that anyone who uses the Software does so only in compliance with the terms of this Agreement. You may not 1) use, copy, modify, or distribute the Software except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the Software except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Software.
Transfer of Rights and Obligations
You may transfer all your license rights and obligations under a Proof of Entitlement for the Software to another party by transferring the Proof of Entitlement and a copy of this Agreement and all documentation. The transfer of your license rights and obligations terminates your authorization to use the Software under the Proof of Entitlement.
Subject to any statutory warranties which can not be excluded, aten international makes no warranties or conditions either express or implied, including without limitation, the warranty of non-infringement and the implied warranties of merchantability and fitness for a particular purpose, regarding the software. Aten international makes no warranty regarding the capability of the software to correctly process, provide and/or receive date. The entire risk arising out of use or performance of the software remains with you. All information is provided by aten international on an "as is" basis only. No representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability and no infringement will be provided by aten international. Manufacturers, suppliers, or publishers of non-Aten International Soft wares may provide their own warranties.
Limitation of Liability and Remedies
Neither aten international nor its suppliers will be liable for any direct or indirect damages, including without limitation, loss of profits, lost of savings, loss of confidential or other information, business interruption, personal injury, loss of privacy, or any incidental, special, or other economic consequential damages, even if ate international is informed of their possibility. If any provision of this agreement is held invalid or unenforceable in any jurisdiction, the remaining provisions should remain valid and this agreement should remain in full force and effect.
(1) Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
(2) Aten International may terminate your license if you fail to comply with the terms of this Agreement. If Aten International does so, you must immediately destroy the Software and all copies you made of it.
(3) You agree to comply with applicable export laws and regulations.
(4) Neither you nor Aten International will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.
(5) Neither you nor Aten International is responsible for failure to fulfill any obligations due to causes beyond its control.
(6) Aten International does not provide Software services or technical support, unless Aten International specifies otherwise.
(7) The laws of the country in which you acquire the Software govern this Agreement, except 1) in Australia, the laws of the State or Territory in which the transaction is performed govern this Agreement; 2) in Albania, Armenia, Belarus, Bosnia/Herzegovina, Bulgaria, Croatia, Czech Republic, Georgia, Hungary, Kazakhstan, Kirghizia, Former Yugoslav Republic of Macedonia (FYROM), Moldova, Poland, Romania, Russia, Slovak Republic, Slovenia, Ukraine, and Federal Republic of Yugoslavia, the laws of Austria govern this Agreement; 3) in the United Kingdom, all disputes relating to this Agreement will be governed by English Law and will be submitted to the exclusive jurisdiction of the English courts; 4) in Canada, the laws in the Province of Ontario govern this Agreement; and 5) in the United States and Puerto Rico, and People's Republic of China, the laws of the State of New York govern this Agreement.
Aten is the registered trademark of Aten International Co., Ltd. Other company, product, and service names may be registered trademarks, trademarks or service marks of others.