End User License Agreement (EULA)
These license terms are a legally binding agreement between you and Andrea Shubert d/b/a Andrea Davis ("Andrea"), governing your use of the Chron X software. These terms, as updated from time to time in accordance with this EULA, apply to any version and enhancements, support, and internet based services associated with the Software.
By using, installing, downloading or making any copy of the software, you accept these terms. You also consent to provide us with certain information as set out in these terms. If you do not accept these terms, you must not use the software, and must remove and delete or destroy any copy of the software in your possession.
Andrea retains ownership of the Software, and reserves all rights in the Software. No proprietary rights are assigned or transferred under this EULA. You may not copy, reproduce, modify, alter, adapt, translate, decompile or reverse engineer the software except as permitted by law or this EULA. This EULA does not give you any right to sub-license the Software.
Andrea grants you a non-exclusive license to use, copy, install and enjoy the Software for your personal non-commercial use, subject to the terms of this EULA.
Restrictions on Use
Unless otherwise permitted by law or this EULA, you must not:
(a) work around any technical limitations in the software;
(b) reverse engineer, decompile or disassemble the software, or disclose the algorithmic nature or describe any part for the source code or inner workings of the Software;
(c) publish the software for others to copy;
(d) use the software in any illegal or immoral way, or for any such purpose;
(e) use, copy, rent, lease or lend the software; or
(f) create any derivate work based on the software
This licence is not transferrable. You may not sell, rent, assign, transfer or novate your rights or obligations under this EULA.
Indemnity and Limitation of Liability
Other than as required by law, Andrea accepts no responsibility for the use of this software. All implied conditions and/or warranties are void and excluded. To the fullest extent allowed by law, anything that would be implied by this EULA is excluded. Andrea makes no warranty as to fitness for any purpose whatsoever.
You agree to release, indemnify, defend and hold harmless Andrea from any and all liability or for claims associated with or arising from the misuse of the software by you or by anyone to whom you allow to access the software. You also agree that if despite these disclaimers Andrea is held liable, the liability shall be limited to the amount you paid to Andrea (and not to Genetic Anomalies, THQ, BSRD, Darkened Sky, or any other entity) for access to this software.
If any of these terms are held to be invalid or unenforceable by a court of law, that part will be excluded, and the remaining valid terms will remain in full force.
This EULA, and those documents expressly incorporated by reference, contain the entire agreement between the parties and supersedes all previous negotiations or agreements relating to your right to use the Software.
Updates to this EULA
We may update this EULA from time to time by notice on our website, or by including the updated EULA in a Software update. Such variation will be effective upon posting those notifications and changes on our website, or your installing the Software update, without further notice to you.
Any delay or failure to exercise or enforce our rights under this EULA will not be construed as a waiver of those rights, nor preclude any future exercise of those rights.
In the event that we obtain the legal assistance to enforce this EULA for your apparent breach of these terms, all legal fees incurred in enforcing this EULA may be recovered from you.
You agree that in case of a dispute or claim, you will first attempt to informally negotiate a settlement or resolution of the dispute by contacting Andrea through the Chron X website at chronx.com and informing us in a comprehensive way of the grounds of your dispute before resorting to any legal action.
The laws of Hudson, Massachusetts. USA apply to this EULA and the parties submit exclusively to the courts of that jurisdiction. If you are unable or unwilling to submit to those courts, you may not use the software.
This EULA establishes certain legal rights, but you may have other legal rights under the laws of your state or country. This EULA will only change your rights under the laws of your state or country to the extent permitted by those laws.
Representatives, Successors and Assigns
We may assign or novate our rights and obligations under this EULA at any time by notice on our website. Upon such assignment or novation, our obligations and benefits under this EULA are binding on and shall benefit our respective representatives, successors and assigns. You may not assign your rights or obligations under this EULA.
Please direct any questions, comments or concerns about this EULA to firstname.lastname@example.org.