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END USER LICENSE AGREEMENT
2. DEFINITIONS
1. GENERAL
This End User License Agreement (“EULA”) is a legal agreement between Positive Grid, Inc.
(“Positive Grid”) and the Licensee (either an individual or on behalf of an entity, “Licensee”).
By installing, downloading, or otherwise using the software in any manner (including, but not
limited to, using the product which the software may be supplied with), Licensee agrees to be
bound by the terms of this EULA. If you do not agree or do not have the authority to enter into
this EULA, then do not install, download or otherwise use the software or the product which it
may be supplied with.
・
“Positive Grid Products” means certain products developed and owned by Positive Grid,
which may be comprised of Hardware and Software (as defined in this EULA).
・
“Software” means the computer software (regardless of format or media in which distributed)
designed (but not limited) to run with the Hardware, which is owned or licensed by Positive
Grid.
・
“Licensee” is to use the Software he receives from Positive Grid, Inc. all copies thereof, and all
pertinent documentation exclusively for his own purposes, and must keep it separate from
third parties.
LIMITATION OF LIABILITY
POSITIVE GRID SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES SUFFERED BY THE PURCHASER OR ANY THIRD PARTY,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR BUSINESS, OR
DAMAGES RESULTING FROM USE OR PERFORMANCE OF THE PRODUCT, WHETHER IN
CONTRACT OR IN TORT EVEN IF POSITIVE GRID HAS BEEN ADVISED OF THE POSSIBILITY
THEREOF. POSITIVE GRID SHALL NOT BE LIABLE FOR ANY EXPENSES, CLAIMS, OR SUITS
ARISING OUT OF OR RELATING TO ANY OF THE FOREGOING. POSITIVE GRID’S FULL
LIABILITY FOR ANY DEFECTIVE PRODUCT SHALL IN NO EVENT EXCEED THE ACTUAL
PURCHASE PRICE PAID FOR THE DEFECTIVE PRODUCT*
*Some states do not allow the exclusion or limitation or incidental or consequential damages,
so the above limitation may not apply to you.
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