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EULA

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0% found this document useful (0 votes)
9 views3 pages

EULA

Uploaded by

xanderwilliam767
Copyright
© © All Rights Reserved
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
Download as rtf, pdf, or txt
Download as rtf, pdf, or txt
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End User License Agreement

1. THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND


COSMI FINANCE LLC, AND ITS SUBSIDIARIES AND AFFILIATES (“COSMI”). BY INSTALLING OR
USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF
YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, REMOVE THE PRODUCT FROM
YOUR HARD DRIVE AND PERMANENTLY ERASE ALL COPIES OF THE SOFTWARE. IF YOU ARE
THE ORIGINAL INSTALLER OF THE SOFTWARE YOU MAY PROMPTLY RETURN THE SOFTWARE
(INCLUDING PRINTED MATERIALS) WITH PROOF OF PURCHASE TO THE PLACE WHERE IT
WAS PURCHASED FOR A FULL REFUND OF THE AMOUNT PAID OR STORE CREDIT (AS
APPLICABLE).

2. GRANT OF LICENSE. This License Agreement permits you to use one copy of Cosmi software
including but not limited to the software included with this product or downloaded from the internet or
other electronic communication medium, together with all related documentation and accompanying
items including, but not limited to, the executable programs, drivers, libraries and data files associated
with such programs (collectively, the "Software"), on a single computer/workstation. The Software is “in
use” on a computer when it is loaded into the temporary memory (i.e., RAM or Cache) or installed into
permanent memory (e.g., hard disk, CD-ROM drive, or other storage device) of that computer. This
License does not constitute a sale and does not authorize a sale of the Software or anything created
thereby. All intellectual property (including copyright, trademark and patent) in the Software, including
all animations, audio, images, maps, music, photographs, video, and text incorporated into the
Software, are owned by Cosmi and its affiliates, suppliers and licensors, and are protected by United
States laws and international treaty provisions. Cosmi and its affiliates, suppliers and licensors retain
all rights not expressly granted. You must treat the Software like any other copyrighted material, except
that you may make one copy of the Software solely for backup or archival purposes. You may transfer
the machine-readable portion of the Software from one computer to another computer, provided that a)
the Software (including any portion or copy thereof) is erased from the first computer, and b) there is no
possibility that the Software will be used on more than one computer at a time. A computer is defined
both by the physical computer and the operating system installation. Therefore, a single physical
computer with multiple operating systems installed will be recognized as one computer for each
operating system. However, you may not transfer your license of the Software to any third party.

 You may not use the software on or over a network or any other transfer device (including the
Internet) except in a manner using the network and online functions included in the Software,
if any. Use of the Software on more than one computer constitutes copyright infringement and
may be punishable by civil fines, criminal penalties, or both.
 You may not rent or lease the Software, but schools and libraries may lend the Software to
third parties provided the Software is in CD format and each end user is given a copy of this
License Agreement which will govern the use of such Software.
 You may not modify, translate, reverse engineer, decompile, or disassemble the Software,
except to the extent that this restriction is expressly prohibited by applicable law.
 You may not remove any proprietary notices or labels in the Software.
 You may not copy the printed materials accompanying the Software or distribute printed
copies of any user documentation provided in electronic format.
 You may not publicly perform or publicly display the Software.

The restrictions contained herein apply equally to hybrid CD-ROMs or DVD-ROMs which may
contain multiple versions of the Software for use on different operating systems. Regardless of the
type of media you receive, you may use only the portion appropriate for your single-user
computer/workstation. In the event you fail to comply with any of the terms or conditions of this
license, your rights to use the Software will end, you will stop using the Software, remove the
Software from your computer, and permanently erase all copies of the Software. You acknowledge
that none of the Software or underlying information or technology may be downloaded or
otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan,
North Korea, Iran, Syria or any other country subject to a U.S. embargo; or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Denied Parties List or Entity List. By using the Software you are agreeing to the
foregoing and are representing and warranting that (i) no U.S. federal agency has suspended,
revoked, or denied you export privileges, (ii) you are not located in or under the control of a
national or resident of any such country or on any such list, and (iii) you will not export or re-export
the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified
by U.S. export controls.

3. TRIAL. If you are using the Software on a trial basis, and are authorized to do so, then you shall have
a license under this Agreement to use the Software for the number of days indicated in the materials
accompany the Software, or in the event this Software was obtained as part of a download for the
period indicated on the site where the Software was downloaded from, (the "Trial Period") from the
date you install it, solely for the purpose of evaluating the Software to determine whether to purchase
an ongoing license to the Software. At the end of the Trial Period, the Software will stop working and
the license granted herein shall immediately terminate. During the Trial Period, the Software is
provided to you "as is" and your use is entirely at your own risk.

4. LIMITED WARRANTY. Cosmi and its affiliates, suppliers and licensors warrant to the original installer
of the Software, for a period of thirty (30) days from the date of purchase, that the media on which the
Software is distributed is substantially free from defects in materials and workmanship. ANY AND ALL
OTHER IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING
WRITTEN MATERIALS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY
DISCLAIMED.

5. REMEDIES. Your exclusive remedy will be, at Cosmi’s sole option, (a) the refund of the amount you
paid for the Software or (b) repair or replacement of the Software, provided that the defective Software
is returned to Cosmi (at Cosmi, 14650 Hoover St., Westminster, CA 92683) along with proof of the
date of purchase within thirty (30) days from the date of purchase. This Limited Warranty is void if
failure of the Software has resulted from accident, abuse, neglect or misapplication. Any replacement
Software will be warranted for the remainder of the original warranty period or thirty (30) days,
whichever is longer. Except as set forth above, the Software is sold “as-is”, without any express or
implied warranties of any kind.

6. LIMITATION OF LIABILITIES. IN NO EVENT WILL COSMI OR ITS AFFILIATES, SUPPLIERS AND


LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, USER DOCUMENTATION, OR RELATED TECHNICAL
SUPPORT, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS
OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR COMPUTER PROGRAMS, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COSMI’S AND ITS
AFFILIATES’, SUPPLIERS’ AND LICENSORS’ LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR
THE SOFTWARE REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT
LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. FURTHER, COSMI SHALL NOT BE LIABLE FOR THE ACCURACY OF ANY INFORMATION
PROVIDED BY COSMI OR THIRD-PARTY TECHNICAL SUPPORT PERSONNEL, OR ANY
DAMAGES CAUSED, EITHER DIRECTLY OR INDIRECTLY, BY ACTS TAKEN OR OMISSIONS
MADE BY YOU AS A RESULT OF SUCH TECHNICAL SUPPORT.

7. Promotions Offers and 3rd Party Products. Included with the software may be one or more trial versions
of 3rd party products and/or other promotional offers. Any fees or costs associated with the installation
and usage of theses offers and products are at your sole discretion and are your responsibility. Use of
such products may be subject to additional terms and conditions included with such products and shall
supplement the terms and conditions of this Agreement.

8. Licensing Outside the United States . If you are using the Software outside of the United States, you
will comply with the applicable local laws of your country, U.S. export control law, and the English
version of this Agreement. You are responsible for complying with all trade regulations and laws both
foreign and domestic.

9. MISCELLANEOUS. Cosmi or its licensors may cancel, change, modify, discontinue, terminate or charge a
fee at any time for any reason for the online services available in conjunction with this Software. No
change or modification of the License will be valid unless it is in writing and is signed by Cosmi. The
provisions of this Agreement are severable; if any provision is held to be invalid or unenforceable, it will
not affect the validity or enforceability of any other provision. If the Software was acquired outside the
United States, then local law may apply. This Agreement is governed by the internal substantive laws
of the State of California (and not by the 1980 United Nations Convention on Contracts for the
International Sale of Goods, as amended).U.S. GOVERNMENT RESTRICTED RIGHTS. The Software
and user documentation is provided with RESTRICTED RIGHTS AND LIMITED RIGHTS. Use,
duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)
(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR
52.227-19, as applicable. Cosmi Finance LLC, 14650 Hoover St., Westminster, CA 92683 USA.

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