This End User License Agreement (EULA) is between VasylTech LLC and you for Advanced Access Manager (aka AAM) products and services, which may include software, code, mobile applications, associated media, printed materials, online or electronic documentation (collectively, “AAM”). By downloading, installing, copying, or otherwise using AAM, you agree to be bound by the terms of this EULA.
AAM is licensed, not sold, to you for use only under the terms of this license. AAM reserves all rights not expressly granted to you.
1. Scope of License. The license granted to you is limited to a non-transferable license to use AAM products on any website or webserver (collectively, "webserver") owned or controlled by you. You may not distribute or make AAM available over a network where it could be used by multiple webservers at the same time. You may not rent, lease, lend, sell, redistribute or sublicense AAM. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of AAM, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with AAM). Any attempt to do so is a violation of the rights of AAM and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by AAM that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Termination. The license is effective until terminated by you or AAM. Your rights under this license will terminate automatically without notice from AAM if you fail to comply with any term of this license. Upon termination of the license, you shall cease all use of AAM, and destroy all copies, full or partial, of AAM. You may request refund for the remaining balance if the license was purchased within 30 days from the time of termination.
3. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF AAM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AAM AND ANY SERVICES PERFORMED OR PROVIDED BY AAM ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AAM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO AAM AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AAM DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF AAM, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, AAM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF AAM OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN AAM OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AAM OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD AAM OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
4. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AAM BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE AAM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall AAM’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of zero dollars ($0.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
5. Miscellaneous. The laws of the State of North Carolina, excluding its conflicts of law rules, govern this license and your use of AAM. Your use of AAM may also be subject to other local, state, national, or international laws. The state and federal courts situated in Mecklenburg County, North Carolina, shall have sole and exclusive jurisdiction of any dispute arising out of or concerning the interpretation or enforcement of this license.