The SOFTWARE PRODUCT (PINOCULARS) 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.
PINOCUALRS is licensed as follows:
Installation and Usage.
Licenses are per user and valid for use on all supported operating systems. License keys may be used on multiple computers and operating systems, provided the license key holder is the primary user. Businesses must purchase at least as many licenses as the number of people using PINOCULARS.
You may make copies of the license key and or PINOCULARS for backup and archival purposes.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any copy of PINOCULARS.
You may not distribute or sell license keys or PINOCULARS to third parties. Licenses will be revoked if distributed or sold to third parties.
You may not rent, lease, or lend the license key or PINOCULARS.
All title, including but not limited to copyrights, in and to PINOCULARS and any copies thereof are owned by LAMIFY.
LAMIFY EXPRESSLY DISCLAIMS ANY WARRANTY FOR PINOCULARS, WHICH IS PROVIDED ‘AS IS’ WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS OF A PARTICULAR PURPOSE. WE DO NOT GUARANTEE OUR PLUGIN WILL FUNCTION WITH ALL 3RD PARTY PLUGINS, THEMES OR WITH ALL WEB BROWSERS. WE ARE NOT RESPONSIBLE FOR ANY PLUGIN OR THEME COMPATIBILITY CONFLICTS THAT MAY OCCUR. IT IS OUR POLICY TO SUPPORT OUR PRODUCTS AS BEST WE CAN AND WE WILL PROVIDE SUPPORT FOR 3RD PARTY PLUGIN CONFLICTS AT OUR DISCRETION OR AS TIME ALLOWS.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘LAMIFY’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘LAMIFY’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.