End User USA Software License Agreement
This is a license agreement between you and HammerZen that describes your rights to use this software.
IMPORTANT: READ BEFORE CONTINUING
PLEASE READ THE TERMS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE PACKAGE, BECAUSE YOUR INITIAL USE OF THIS SOFTWARE WILL INDICATE YOUR ASSENT TO EACH TERM OF THIS LICENSE AGREEMENT. HAMMERZEN WILL LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, THEN HAMMERZEN IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH EVENT YOU SHOULD CANCEL THE SETUP OF THIS PROGRAM AND/OR IMMEDIATELY CEASE ANY FURTHER USE.
HammerZen does not sell our software or your copy of it – only license it. Under this license you are granted the right to install and run that one copy on one computer (the licensed computer) for use by one person at a time, but only if you comply with all the terms of this agreement. This software license is permanently assigned to the licensed computer. The components of the software are licensed as a single unit. You may not separate or visualize the components and install them on different computers.
This agreement applies to the software, the media on which you received the software, and also any updates, supplements, and services for the software, unless other terms come with them.
Because the software is licensed, not sold, HammerZen reserves all rights (such as rights under intellectual property laws) not expressly granted in this agreement. In particular, this license does not give you any right to, and you may not: use or visualize features of the software separately, publish, copy, rent, lease, or lend the software; transfer the software (except as permitted by this agreement), attempt to circumvent technical protection measures in the software, reverse engineer, decompile, or disassemble the software.
1. LICENSE RIGHTS AND MULTI USER SCENARIOS
A. Computer. In this agreement, “computer” means a hardware system (whether physical or virtual) with a storage device capable of running the software. A hardware partition or blade is considered to be a computer.
B. Multiple or pooled connections. You may not use hardware or software to multiplex or pool connections, or otherwise allow multiple users or multiple computers or devices to access or use the software indirectly through the licensed computer.
C. Remote access. The user that primarily uses the licensed computer is the “primary user.” The primary user may access and use the software installed on the licensed device remotely from any other device, as long as the software installed on the licensed device is not being used non-remotely by another user simultaneously. As an exception, you may allow others to access the software simultaneously only to provide you with technical support.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, HAMMERZEN MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCT. HAMMERZEN HEREBY SPECIFICALLY DISCLAIMS ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY. EXCEPT AS EXPRESSLY STATED HEREIN, THE PRODUCT IS SUPPLIED ON AN “AS IS” BASIS WITHOUT WARRANTY. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE OF THE PRODUCT. Some jurisdictions do not allow a limitation on implied warranties, and so the foregoing disclaimer may not apply to You. In any event, any implied warranties that may exist under the laws of Your jurisdiction are limited to a one (1) year period from the date of purchase of this software.
3. BINDING ARBITRATION AND CLASS ACTION WAIVER
A. Application. Dispute means any dispute, action, or other controversies between you and HammerZen concerning the software (including its price) or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under the law.
B. Notice of Dispute. In the event of a dispute, you or HammerZen must give the other a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You and HammerZen must try to resolve any dispute through informal negotiation within 30 days from the date the Notice of Dispute is sent. After 30 days, either party may commence binding arbitration through the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules.
C. Small Claims Court. Either party may also litigate any dispute in small claims court in your county of residence or Bucks County Pennsylvania if the dispute meets all requirements to be heard in the small claims court. Neither party may proceed other than through AAA or small claims court, other than to enforce the judgment of the AAA or small claims court.
D. CLASS ACTION WAIVER. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR HAMMERZEN WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
E. Costs, Fees, and Incentives. Each party shall bear its own costs and fees associated with any arbitration or litigation.
F. Claims or Disputes Must Be Filed Within One Year. To the extent permitted by law, any claim or dispute brought by YOU under this agreement must be filed within one year in small claims court (Section 3.C) or in arbitration (Section 3.A). The one-year period begins when the claim or dispute first could be filed. If such a claim or dispute is not filed within one year, it is permanently barred.
4. LIMITATION OF LIABILITY
(a) TO THE MAXIMUM EXTENT ALLOWED UNDER LAW, IN NO EVENT WILL HAMMERZEN BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES, AND INCLUDING BUT NOT LIMITED TO, COST OF COVER, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING FROM THE USE OF (OR INABILITY TO USE) THE PRODUCT, NO MATTER HOW CAUSED AND ON ANY THEORY OF LIABILITY.
(b) IN NO EVENT SHALL HAMMERZEN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
(c) The limitations in the above section will apply even if HammerZen, its suppliers or dealers have been advised of the possibility of such damage or of any type of use intended by You. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy. You acknowledge that these limitations reflect a reasonable allocation of risk.
5. CHOICE OF LAW
The laws of the Commonwealth of Pennsylvania govern all claims and disputes under this agreement, including breach of contract claims, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort. You may have other rights, including consumer rights, under the laws of your state. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change those other rights if the laws of your state do not permit it to do so.
6. ENTIRE AGREEMENT
This agreement (together with terms accompanying any software supplements, updates, and services that are provided by HammerZen and that you use), are the entire agreement for the software and any such supplements, updates, and services (unless HammerZen provides other terms with such supplements, updates, or services). You can review this agreement after your software is running by going to the software clicking on Help> License Agreement. You can also review the terms at any of the links in this agreement by typing the URLs into your browser address bar, and you agree to do so. You agree that for each service that is governed by this agreement, you will read the terms for that service before using the service. You understand that by using the service, you accept this agreement and its terms.