All eGlass software (“Software Products”) and accompanying documentation is licensed and not sold. These Software Products are protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Pathway Innovations Inc. or its subsidiaries, affiliates, and suppliers (referred herein as “Pathway”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY DOWNLOADING ANY SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY ANY eGlass SOFTWARE PRODUCT.
This Agreement entitles you to install and use one copy of each Software Product. In addition, you may make one archival copy of each Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.
All Software Products and all intellectual property rights in the Software Products are protected by U.S. Patent No: 8,508,751 and other U.S. and International Patents , and shall remain, the property of Pathway All rights in and to the Software Products not expressly granted to you in this Agreement are hereby expressly reserved and retained by Pathway without restriction, including, without limitation, Pathway’s right to sole ownership of the Software Products. Without limiting the generality of the foregoing, you agree to not (and to not allow any third party to): (a) use the trade names, trademarks, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Software Product for any purpose without the express written consent of Pathway; (b) register, attempt to register, or assist anyone else to register any trade names, trademarks, service marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Pathway other than in the name of Pathway; or (c) remove, obscure, or alter any notice of copyright, trademark, service mark, logo or other proprietary right appearing in or on any item included with the Software Product.
Restrictions on Transfer
Without first obtaining the express written consent of Pathway, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Products on any system with more than one computer, or permit the use, copying, or installation of the Software Products by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Products on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not modify, adapt, translate, prepare derivative works from, decompile, “reverse-engineer,” disassemble, or otherwise attempt to derive the source code for or trade secrets related to the the Software Products.
Restrictions on Geographical Use
You may not use, transfer, transmit, export, or re-export all or any part of the Software Products or any product thereof, in violation of any export control laws or regulations of the United States or any other relevant jurisdiction. In addition, you may not use, download, or buy the Software Products in China, nor distribute, export, transfer, transmit, or sell the Software Products to any third party in China. You may not cause nor permit any third party to engage in any of the foregoing proscribed acts.
Restrictions on Alteration
You may not modify the Software Products or create any derivative work of the Software Products or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Products.
Restrictions on Copying
You may not copy any part of the Software Products except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY Pathway, Pathway MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THESE SOFTWARE PRODUCTS.
Pathway makes no warranty that the Software Products will meet your requirements or operate under your specific conditions of use. Pathway makes no warranty that operation of the Software ProductS will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCTS SUFFICIENTLY MEET YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCTS TO MEET YOUR REQUIREMENTS. Pathway WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL Pathway, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF SOFTWARE PRODUCTS, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF Pathway OR ANY OTHER PARTY, EVEN IF Pathway IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS Pathway’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Products. Selection of whether to correct or replace shall be solely at the discretion of Pathway. Pathway reserves the right to substitute a functionally equivalent copy of the Software Products as a replacement. If Pathway is unable to provide a replacement or substitute Software Products or corrections to the Software Producst, your sole alternate remedy shall be a refund of the purchase price for the Software Products exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Pathway to have been caused by you. All limited warranties on the Software Products are granted only to you and are non-transferable. You agree to indemnify and hold Pathway harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of California, without regard to California’s conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.