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The Program is copyrighted and licensed, not sold.
The term "Program" means the original program and all whole or partial copies of it. A Program consists of machine-readable instructions, its components, data, audio-visual content (such as images, text, recordings, or pictures), and related licensed materials.
This Agreement includes Part 1 - General Terms and Part 2 - Country-unique Terms and is the complete agreement regarding the use of this Program, and replaces any prior oral or written communications between you and Macrotone Consulting Ltd. The terms of Part 2 may replace or modify those of Part 1.
Use of the Program
Macrotone Consulting Ltd grants you a nonexclusive license to use the Program.
You may 1) use the Program to the extent of authorizations you have acquired and 2) 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 Program.
If you acquire this Program as a program upgrade, your authorization to use the Program from which you upgraded is terminated.
You will ensure that anyone who uses the Program does so only in compliance with the terms of this Agreement.
You may not 1) use, copy, modify, or distribute the Program except as provided in this Agreement; 2) reverse assemble, reverse compile,or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Program.
Transfer of Rights and Obligations
You may transfer all your license rights and obligations under a Proof of Entitlement for the Program 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 Program under the Proof of Entitlement.
2. Proof of Entitlement
The Proof of Entitlement for this Program is evidence of your authorization to use this Program and of your eligibility for future upgrade program prices (if announced) and potential special or promotional opportunities.
3. Charges and Taxes
Macrotone Consulting Ltd defines use for the Program for charging purposes and specifies it in the Proof of Entitlement. Charges are based on extent of use authorized. If you wish to increase the extent of use, notify Macrotone Consulting Ltd or its reseller and pay any applicable charges. Macrotone Consulting Ltd does not give refunds or credits for charges already due or paid.
If any authority imposes a duty, tax, levy or fee, excluding those based on Macrotone Consulting Ltd's net income, upon the Program supplied by Macrotone Consulting Ltd under this Agreement, then you agree to pay that amount as Macrotone Consulting Ltd specifies or supply exemption documentation.
4. No Warranty
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, MACROTONE CONSULTING LTD MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY. MACROTONE CONSULTING LTD MAKES NO WARRANTY REGARDING THE CAPABILITY OF THE PROGRAM TO CORRECTLY PROCESS, PROVIDE AND/OR RECEIVE DATE DATA WITHIN AND BETWEEN THE 20TH AND 21ST CENTURIES.
The exclusion also applies to any of Macrotone Consulting Ltd's subcontractors, suppliers, or program developers (collectively called "Suppliers").
Manufacturers, suppliers, or publishers of non-Macrotone Consulting Ltd Programs may provide their own warranties.
5. Limitation of Liability
NEITHER MACROTONE CONSULTING LTD NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF MACROTONE CONSULTING LTD IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
Macrotone Consulting Ltd may terminate your license if you fail to comply with the terms of this Agreement. If Macrotone Consulting Ltd does so, you must immediately destroy the Program and all copies you made of it.
You agree to comply with applicable export laws and regulations.
Neither you nor Macrotone Consulting Ltd 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.
Neither you nor Macrotone Consulting Ltd is responsible for failure to fulfill any obligations due to causes beyond its control.
Macrotone Consulting Ltd does not provide program services or technical support, unless Macrotone Consulting Ltd specifies otherwise.
The laws of the country in which you acquire the Program 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.
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