END-USER LICENSE AGREEMENT FOR LUCUBEE STUDY ASSISTANT SOFTWARE
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL.
LUCUBEE INC'S End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Lucubee Inc. for the software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Lucubee Inc, (referred to as "Licensor"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
LICENSE - The "Licensee" is defined as the individual or company utilizing the SOFTWARE PRODUCT. Lucubee Inc hereby grants the Licensee a nonexclusive license authorizing the Licensee to use the enclosed Product on a single computer. Licensee may not electronically transfer the program from one computer to another over any type of network.
Lucubee Inc grants Licensee the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows 95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME, Windows Vista].
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright & Other Notices.
You must not remove or alter any proprietary notices, labels, trademarks copyright notices or any other identifying marks on any copies of the SOFTWARE PRODUCT.
(b) Support & Distribution.
In order to receive support or distribution rights you must be registered with Lucubee Inc. Licensee may not distribute copies of the software or the accompanying documentation to others either for a fee or without charge without the consent of Lucubee Inc.
(c) Prohibition
This software may not be, in whole or in any part, reverse engineered, decompiled, disassembled into its constituent source code, copied, reproduced, transmitted, translated (into any language, natural or computer), stored in a retrieval system, reduced to any electronic medium or machine readable format, or by any other form or means without prior consent, in writing, from Lucubee Inc.
(d) Rental.
This software may not be rented, lent or leased.
(e) Support Services.
Lucubee Inc. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION
Without prejudice to any other rights, Lucubee Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Lucubee Inc. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Lucubee Inc
5. NO WARRANTIES
This software and documentation are licensed "as is" without any warranty as to their performance, merchantability or fitness for any particular purpose. The Licensee assumes the entire risk as to the quality and performance of the software. In no event shall Lucubee Inc. or anyone else who has been involved in the creation, development, production, or delivery of this software be liable for any direct, incidental or consequential damages, such as, but not limited to, loss of i) anticipated profits, ii) benefits, iii) use, or iv) data resulting from the use of this software.
Lucubee Inc. does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Lucubee Inc. makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Lucubee Inc. further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
LICENSEE ACKNOWLEDGES THAT THE SOFTWARE MAY NOT BE FREE FROM DEFECTS AND MAY NOT SATISFY ALL OF LICENSEE'S NEEDS.
In no event shall Lucubee Inc. be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if Lucubee Inc. has been advised of the possibility of such damages. In no event will Lucubee Inc. be liable for loss of data or for indirect, special, incidental, consequential (including lost profits), or other damages based in contract, tort or otherwise. Lucubee Inc. shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
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