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End User License Agreement
END USER LICENSE AGREEMENT WITH LIMITED WARRANTY
THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS, INTERNATIONAL COPYRIGHT TREATIES, AND OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. YOU MUST TREAT THE SOFTWARE LIKE ANY OTHER MATERIAL PROTECTED BY COPYRIGHT.
BY DOWNLOADING, INSTALLING, COPYING, EXECUTING, OR OTHERWISE USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN ADMIN ARSENAL IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU MAY NOT INSTALL OR USE IT. IF YOU PAID A LICENSE FEE TO ADMIN ARSENAL BEFORE HAVING THE OPPORTUNITY TO REVIEW AND ACCEPT THIS AGREEMENT, YOU MAY CONTACT ADMIN ARSENAL AS DESCRIBED BELOW.
30 DAY MONEY-BACK GUARANTEE
Admin Arsenal offers you a 30 day money back guarantee for paid Software licenses. If you are not satisfied with the Software for any reason, then within 30 calendar days of first downloading or otherwise obtaining your initial version of the Software, you must notify Admin Arsenal at firstname.lastname@example.org to obtain a full refund of any license fees you paid to Admin Arsenal for the Software. If you notify Admin Arsenal that you want a refund, your right (and your entity’s right) to use the Software immediately terminates, and you must immediately destroy and permanently erase all copies of the Software in your possession, use, or control. (If you thereafter decide to use a free version of the Software, you may under the terms of the applicable agreement for such software.)
EULA TERMS AND CONDITIONS
This End User License Agreement and Limited Warranty (the “Agreement”) is a legal contract between you (either as an individual or a single entity (excluding parent, subsidiary, and affiliated entities), hereinafter referred to as “you” and “your”) and ADMIN ARSENAL INC., a Utah Corporation (“Admin Arsenal”). Admin Arsenal licenses rather than sells copies of its software and associated documentation, and the Admin Arsenal software and documentation you have obtained are owned by Admin Arsenal and are governed by this Agreement.
2.Grant of Licenses. Subject to the terms and conditions of this Agreement, Admin Arsenal grants you a limited, non-exclusive, non-transferable license to download, install, execute, and properly use the Software for as many computer system administrator users (hereinafter, an “Administrator”) as you have paid the applicable license fees. As used in this Agreement, the term “Administrator” means and includes any individual associated with your entity, whether as an employee or an independent contractor, who uses any of the Software at any time.
a.PDQ Deploy and PDQ Inventory Software. PDQ Deploy Software and PDQ Inventory Software are licensed by Admin Arsenal on a per Administrator user basis, with PDQ Deploy Software and PDQ Inventory Software each requiring their own separate license for each Administrator user.
i.Each Administrator for whom you have purchased a license for PDQ Deploy Software or PDQ Inventory Software may install and use that Software on as many computers of your entity as reasonably necessary to perform the Administrator’s duties. For example, each licensed Administrator may install multiple “consoles” for this Software.
ii.You acknowledge and agree that the Software is being provided as a service to perform unattended installation of third-party software which may be downloaded from within the Package Library of PDQ Deploy Software, and, in certain instances, provide means for auto-acceptance of applicable end user license agreements for such third-party software.
iii.You further acknowledge and agree that you are not purchasing any right or license to third-party software from Admin Arsenal and that Admin Arsenal does not make any modifications to any of such third-party software. All third-party software provided by Admin Arsenal is provided “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND NO COMPATIBILITY GUARANTEE.
b.No “Floating” Licenses. The licenses granted to you under this Agreement are not “seats” or “floating” licenses. In other words, different individuals associated with your organization may not use or share the same licenses, even if they are using the Software at different times. Instead, you must purchase licenses for each individual who uses the Software. When an Administrator leaves or otherwise ceases to be associated with your organization, however, you may reassign that Administrator’s licenses to a replacement Administrator in your entity, provided you ensure that all Software is removed from any and all devices retained by the departing Administrator.
c.No Sublicensing. You may not sublicense, rent, lend, time share, or lease the Software, or use the Software to provide services as an application service provider (ASP) or as a software as a service (SaaS) provider, service bureau, or any similar operation, without the express written consent of Admin Arsenal, which it may grant or withhold in its sole discretion. You may not install, use, or execute the Software on any storage device (such as a network server) that permits any of the Software to be shared or used concurrently on two or more computers, terminals, workstations, or other devices, except to the extent you have obtained separate, written, dedicated licenses from Admin Arsenal for each Administrator who uses the Software on any such system.
d.Reservation of Rights. Rights not expressly granted are reserved to Admin Arsenal. The Software is licensed to you, not sold. This Agreement grants you a limited right to use the Software as provided in this Agreement. This Agreement does not grant you any rights in any source code, invention, patents or other intellectual property except as expressly stated herein.
3.Ownership. All right, title, and interest in and to the Software, the copyrights in the Software, and all confidential information and intellectual property (including inventions, trade secret information, techniques, and technology) embodied in or utilized by the Software, and all copies of the Software (whether made by you or by Admin Arsenal) are owned exclusively by Admin Arsenal. You acknowledge that, in addition to material and elements that are protected by copyright and other laws, the Software may contain or embody confidential and commercially valuable information and trade secrets all of which are proprietary to Admin Arsenal including in, but not limited to, source and object code, program architecture, program flow information, design definitions, design specifications, data structures, data compilations, techniques, interfaces, calculations, formulas, algorithms, screens generated, and other features and functionality of the Software.
4.Restrictions and Access. You agree that neither you nor any person that is given access to the Software by you will decompile, disassemble, reverse engineer, or modify the Software. Except as expressly authorized by this Agreement, you agree not to disclose or provide access to the Software to any other person or entity, except on a need-to-know basis to your entity’s employees and independent contractors, but specifically excluding competitors of Admin Arsenal. You are responsible for breaches of this Agreement by all persons having access to the Software through you. You appreciate and agree that Admin Arsenal may track your use of the Software with and to download, install, or deploy third party software, including timing and whether any deployment is successful; and we may report this information in aggregated and statistical forms to third party software providers relative to the provider’s software, without disclosing the identity of you personally or your entity.
5.Compatible Operating System Required. The Software requires use of compatible operating system hardware and software. It is your responsibility to acquire compatible operating system software and any required licenses for such software. It is your sole and exclusive responsibility to obtain and use hardware compatible with operation of the Software.
6.Customization. Admin Arsenal may in its sole discretion provide you additional software that customizes the Software for use by you, and all such customizations are, for purposes of this Agreement, part of the Software and subject to this Agreement.
a.Availability. Admin Arsenal may in its sole discretion make available to you Improvements to the Software (including updates, upgrades, and revisions), including as a separate support and maintenance agreement. Such Improvements shall be Software governed by this Agreement, unless and until you accept an updated end user license agreement applicable to such Improvements and/or the Software.
b.No Joint Improvements. As between you and Admin Arsenal, all Improvements are owned exclusively by Admin Arsenal. You agree that all right, title, and interest in and to any and all Improvements provided by Admin Arsenal, or are made at your request or suggestion or with assistance of you or any person in your entity, including without limitation new or different Software features or functionality, shall belong exclusively to Admin Arsenal, including without limitation any and all ideas, know how, inventions, patents, copyrights, trade secrets, and other intellectual property embodied in, contained in, and/or otherwise associated with such Improvements whether suggested or provided by you or not. For avoidance of doubt, but without limiting the generality of the preceding sentence, Improvements shall not be considered “works made for hire” for you under the copyright laws. To the extent you may have or claim any right, title, or interest in or to such Improvements by operation of law or otherwise, you hereby assign all such right, title, and interest in or to such Improvements exclusively to Admin Arsenal. You further agree that you will have no rights in or to any such Improvements other than those expressly granted in this Agreement. For example, you will have no right to receive any royalties or other compensation with respect to any such Improvements. Further, if you provide any ideas or information to Admin Arsenal about its Software or other products or potential products, Admin Arsenal shall have a perpetual fully transferable worldwide royalty-free right to use, copy, modify, adapt, distribute, transmit, display, perform, publish, and commercialize such ideas and/or information, and any and all inventions, patents, copyrights, trade secrets, and other intellectual property that result from Admin Arsenal’s use of such ideas and/or information shall belong exclusively to Admin Arsenal, without any obligation to pay you any royalties or other compensation.
8.Trial Versions. You may have received the Software as a “trial” version. If so, this section also applies to your use of the Software in that status. Any version of the Software designated as a “trial version” (using those words or words of similar meaning, whether in the Software or associated with its Documentation or delivery from Admin Arsenal) may only be used for the trial period specified or such shorter period as specified by Admin Arsenal, and after the trial period the Software will revert to the “free version,” unless you convert the trial version into the license fee version, in accordance with the terms of Admin Arsenal’s trial offer. Trial versions of the Software are not eligible for support and maintenance, nor is there any representations or warranties of any kind whatsoever applicable to any trial version of the Software. ALL TRIAL VERSIONS OF THE Software ARE PROVIDED STRICTLY “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY, EXPRESS OR IMPLIED (see the disclaimers below).
9.Free Versions. You may have received the Software as a “free” version. If so, this section also applies to your use of the Software in that status. Any version of the Software designated as a “free version” (in the Software or expressly associated with its Documentation or delivery from Admin Arsenal) may be used for free, but shall be subject to all the applicable terms and conditions this Agreement. ALL FREE VERSIONS OF THE Software ARE PROVIDED STRICTLY “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY, EXPRESS OR IMPLIED (see the disclaimers below).
10.Library Packages. Admin Arsenal may make available to you certain Software that provides instructions for installing, updating, or upgrading certain third-party software (“Library Packages”), all of which may be bundled with third-party software (“Library Package Bundles”). Admin Arsenal reserves the right to decide, in its sole discretion, the versions of third-party software, if any, for which it provides Library Packages and Library Package Bundles and whether and when, if at all, to provide any updated, upgraded, corrected, or additional Library Packages and Library Package Bundles. ALL Library Packages AND Library Package Bundles are provided TO YOU STRICTLY “AS IS” WITH ALL FAULTS, AND WITHOUT WARRANTY, EXPRESS OR IMPLIED (see the disclaimers below). You represent and warrant that you will legally timely accept and comply with the end user license agreements for all third-party software associated with any Library Packages and Library Package Bundles. You also agree to defend, indemnify, and hold harmless Admin Arsenal and its directors, officers, employees, shareholders, agents, contractors, and affiliates from and against any and all claims, actions, causes of action, lawsuits, proceedings, liabilities, losses, fines, costs, expenses (including without limitation attorneys’ fees, court costs, expert witness fees, and other expenses), damages, and remedies of whatever kind or nature (whether based on tort, contract, regulatory, or other laws now or hereafter existing) arising from or otherwise relating to (i) your failure to accept or comply with any third-party end user license agreement, (ii) your misuse of or failure to timely license any third-party software, and/or (iii) your use, inability to use, or unsatisfactory use of any Library Packages, Library Package Bundles, or associated third-party software.
11.Software Support and Maintenance. Unless you purchased a license to the Software, this Agreement and your use the Software does not entitle you to receive from Admin Arsenal any support or maintenance services for the Software, including without limitation releases of the Software that correct errors or defects in the Software (except as provided in the Limited Warranty) or that contain enhancements or other Improvements to the Software. Support and maintenance is not guaranteed as to performance or compatibility, and may not meet your needs or work adequately for you. The fact that Admin Arsenal, in its sole discretion, may provide certain support or maintenance services to you without charge, such as resources that may be available without charge on Admin Arsenal’s website, shall not be construed as an agreement or obligation by Admin Arsenal to continue to provide you such resources or to provide you any other Software support, maintenance, and/or other services. Admin Arsenal makes no commitment to continue supporting any or all versions of the Software, and therefore, your right to receive support and maintenance under a paid license for the Software may require that you upgrade or update your license to the latest version of the Software, which may include payment of additional fees.
12.Effective Date. This Agreement is effective from earliest of the date you download, receive, or install the Software, and shall remain in force until terminated as provided in this Agreement.
a.By You. You may terminate this Agreement at any time only by destroying and permanently erasing all copies of the Software in your possession or control and advising Admin Arsenal by email at email@example.com that you have done so and are terminating this Agreement.
b.For Breach. Your license to use the Software shall terminate immediately upon the earliest occurrence of any of the following: (a) a breach by you, or your entity, of this Agreement; or (b) any assignment, transfer, or disposition of the Software by you, except as expressly provided herein or as otherwise expressly authorized in writing by Admin Arsenal.
c.Partial Termination. By written notice to you or your entity, Admin Arsenal may terminate this Agreement with respect to any portion of the Software, including any third party software available through the Software.
d.Effect of Termination. On termination of this Agreement for any reason, you agree to destroy and permanently erase all copies of the Software in your possession or control. The following Sections of this Agreement shall survive the termination of this Agreement: Sections 2.c, 2.d, 3, 4, 5, 7.b, 13.d, 14, 16 and 17.
a.Export Restrictions. U.S. export laws, rules, and regulations may apply to the Software. The Software may not be exported, accessed, downloaded, redistributed, or used, even with your entity, in any form in or to any country prohibited by U.S. export laws, rules, or regulations, or to residents or nationals of any such countries. You agree that you will comply with all applicable national and international laws that apply to the Software, including but not limited to U.S. export laws, rules and regulations. By downloading, accessing, installing, and/or otherwise using the Software, you (i) represent and warrant to Admin Arsenal that you are not restricted from receiving U.S. products and that you agree to comply with all applicable U.S. export laws, rules, and regulations and all host country import laws, rules, and regulations; (ii) agree that you will not export or re-export the Software, any part thereof, or any process or service that is the direct product of the Software, in violation of any applicable laws or regulations of the U.S. or the country in which you obtained and/or possess them; and (iii) you will promptly report any violations of the foregoing to Admin Arsenal at firstname.lastname@example.org.
b.U.S. Government Restricted Rights. The Software is commercial computer software developed at private expense, is published and copyrighted, and is provided with Restricted Rights (as defined in applicable U.S. regulations). Use, duplication, and disclosure by civilian agencies of the U.S. Government shall be governed by the terms and restrictions of this Agreement and FAR §52-227-14 Alternative III(g)(3), as applicable, subject to FAR §52.227.19(c). Use, duplication, and disclosure by agencies of the U.S. Department of Defense shall be governed by the terms and restrictions of this Agreement, as provided in DFARS §227.7202. The Contractor/Licensor is Admin Arsenal, Inc., P.O. Box 835, Salt Lake City, UT 84110.
c.Waiver. The failure of or delay by you or Admin Arsenal at any time to enforce performance of this Agreement shall not be construed as a waiver of the right to enforce performance of this Agreement at any subsequent time. Any waiver of a breach or obligation under this Agreement must be in writing.
d.Rights and Remedies. No right or remedy conferred upon or reserved to Admin Arsenal in this Agreement is exclusive of any other right or remedy that may be available at law or in equity, but each such remedy shall be cumulative of every other right or remedy now or hereafter existing.
e.Governing Law; Venue. This Agreement will be governed by the laws of the state of Utah without giving effect to conflict or choice of law principles. Any litigation regarding this Agreement must be conducted exclusively in a state or federal court of competent jurisdiction within Salt Lake County, Utah and such court’s appellate courts. You hereby agree to irrevocably submit to the personal jurisdiction and venue of such court(s). You agree and submit to such exclusive jurisdiction and venue. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are excluded from this Agreement and from any transaction relative to this Agreement.
f.Attorney Fees; No Jury. In any action or proceeding with respect to this Agreement, the prevailing party shall be entitled to recover its costs, expenses, and reasonable attorneys’ fees. THE PARTIES HEREBY AGREE THAT NEITHER WILL REQUEST A JURY FOR ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND EXPRESSLY WAIVE ANY AND ALL SUCH RIGHTS TO A JURY TRIAL THAT MAY EXIST UNDER STATE, FEDERAL, CONSTITUTIONAL, OR OTHER LAW.
g.Severability. If any provision of this Agreement is invalid under applicable law, such provision shall be limited, narrowed, or construed as necessary to the extent necessary to make it valid. If necessary, the invalid provision shall be eliminated from this Agreement with the remainder of this Agreement in full force and effect.
h.Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and Admin Arsenal, and supersedes all prior communications, proposals, representations, and/or agreements, whether written or oral, express or implied, with respect to the Software or any other subject matter covered by this Agreement. This Agreement may not be modified or terminated orally, and no modification shall be valid unless it is made in writing, signed by the party to be charged thereby. NO SALESPERSON, SUPPORT PERSON, OR ANY OTHER EMPLOYEE OF ADMIN ARSENAL IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE WITH RESPECT TO THE SOFTWARE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE REPRESENTATIONS, PROMISES, AND THE LIMITED WARRANTY THAT ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. ONLY A DULY-AUTHORIZED OFFICER OF ADMIN ARSENAL HAS AUTHORITY TO MODIFY THIS AGREEMENT AND ONLY IN A PAPER WRITING SIGNED (AND NOT MERELY IN ANY EMAIL). ANY MODIFICATION MUST REFER TO THIS AGREEMENT AND THE SPECIFICALLY PROVISION TO BE MODIFIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING PROVISION, ANY STATEMENTS MADE IN FORUM POSTS OR IN SUPPORT EMAILS, BY WHOMEVER MADE, SHALL NOT MODIFY OR WAIVE ANY PROVISION OF HIS AGREEMENT.
i.No Transfer or Assignment. Your rights in Software may not be sold, assigned, licensed, or otherwise transferred to any other party, by operation of law, or otherwise, without the prior express written consent of Admin Arsenal. Admin Arsenal may assign this Agreement without notice to you at any time to any person who acquires substantially all of Admin Arsenal’s business assets relative to the Service who will assume Admin Arsenal’s rights and obligations under this Agreement.
j.Interpretation. Section and other headings in this Agreement are for convenience of reference only and shall not affect interpretation of this Agreement. Whenever the context reasonably permits, the singular shall include the plural, the plural shall include the singular, and the whole shall include any part thereof.
k.Relationship. You and Admin Arsenal are independent contractors. You are not a partner, joint venturer, franchisee, or representative of Admin Arsenal. Neither you nor Admin Arsenal have any authority to make any representation or incur any obligation or liability on behalf of the other party to this Agreement, or to make any representation inconsistent with this paragraph.
l.English Language. This Agreement is written in and governed by the English language. If there is any conflict between the English language version of the Agreement and any translation of it, this English language version shall control.
15.Limited Warranty. Admin Arsenal warrants to you that for a period of 90 calendar days from the earlier of the date you download, receive, or install the Software (or for Improvements, for 90 calendar days from the date you receives them) that the Software, when properly installed and used in compliance with the Documentation, shall operate on compatible equipment and operating system software substantially in accordance with the specifications set forth in the Documentation (the “Limited Warranty”). This Limited Warranty is contingent upon your compliance with this Agreement, and promptly notifying Admin Arsenal in writing of any and all errors and non-conformities within the 90 days warranty period. Changes made to any Software during the warranty period for the purpose of error correction shall not cause the warranty period to be extended. THE Limited Warranty DOES NOT APPLY TO ANY TRIAL VERSIONS OR FREE VERSIONS OF THE SOFTWARE.
16.Disclaimers and Limitations of All Liabilities.
a.Damage To Other Hardware/Software Excluded. THE Limited Warranty DOES NOT COVER DAMAGE TO THE ADMIN ARSENAL SOFTWARE, OR TO YOUR OR THIRD-PARTY’S SOFTWARE OR EQUIPMENT, CAUSED BY POWER SPIKES OR OTHER POTENTIALLY HARMFUL ENVIRONMENTAL OR OPERATING CONDITIONS, ACTS OF GOD, TERRORISM, SABOTAGE, USER ERROR, THIRD-PARTY DEVICES, CONFIGURATION CHANGES NOT CONTEMPLATED OR COMPLETED BY OR UNDER THE EXPRESS DIRECTION OF ADMIN ARSENAL, OR YOUR ABUSE, NEGLECT, AND/OR NEGLIGENCE. THE Limited Warranty DOES NOT EXTEND TO SOFTWARE VIRUSES, CORRUPTED SOFTWARE, OR DATA. THE Limited Warranty IS NULL AND VOID IF ANY ATTEMPT IS MADE TO MODIFY THE ADMIN ARSENAL SOFTWARE BY ANYONE OTHER THAN ADMIN ARSENAL OR PERSON(S) ACTING UNDER THE EXPRESS WRITTEN DIRECTION OF ADMIN ARSENAL.
b.Third-Party Software, Library Packages, and Library Package Bundles. THE Limited Warranty DOES NOT COVER ANY THIRD-PARTY SOFTWARE, LIBRARY PACKAGE, OR LIBRARY PACKAGE BUNDLE THAT MAY BE PROVIDED TO YOU BY ADMIN ARSENAL OR THAT MAY BE REFERENCED BY ANY ADMIN ARSENAL SOFTWARE. SIMILARLY, THE Limited Warranty DOES NOT COVER ANY DAMAGE THAT MAY BE CAUSED TO YOU, YOUR EQUIPMENT, YOUR SOFTWARE, YOUR EMPLOYEES OR PERSONNEL, OR OTHERWISE BY ANY THIRD-PARTY SOFTWARE, LIBRARY PACKAGE, OR LIBRARY PACKAGE BUNDLE, ALL OF WHICH ARE PROVIDED “AS IS” WITH ALL FAULTS, AND WITHOUT WARRANTY, EXPRESS OR IMPLIED.
c.Compatibility with Other Hardware/Software. THE ADMIN ARSENAL SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN HARDWARE AND OPERATING SYSTEMS. THE Limited Warranty DOES NOT APPLY TO NON-COMPATIBLE HARDWARE OR OPERATING SYSTEMS. CONTACT ADMIN ARSENAL FOR COMPATIBILITY INFORMATION. ADMIN ARSENAL MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE COMPATIBILITY OF ANY THIRD-PARTY SOFTWARE OR HARDWARE. PUBLISHED SPECIFICATIONS FOR THE ADMIN ARSENAL SOFTWARE MAY BE CHANGED BY ADMIN ARSENAL AT ANY TIME, IN ITS SOLE DISCRETION, AND MAY CONSTITUTE A CHANGE IN SPECIFICATIONS FOR PURPOSES OF THE Limited Warranty.
d.Software Not Designed For Fail-Safe Performance. THE ADMIN ARSENAL SOFTWARE IS NOT DESIGNED TO BE FAULT TOLERANT. THE ADMIN ARSENAL SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS OR MISSION CRITICAL ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT CONTROL OR NAVIGATION, COMMUNICATION SYSTEMS, CONTROL SYSTEMS, DIRECT LIFE SUPPORT SYSTEMS, WEAPONS OR SAFETY SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, OR SIGNIFICANT FINANCIAL OR OTHER LOSS. ADMIN ARSENAL DISCLAIMS ALL LIABILITY FOR ANY DEATH, INJURY, OR DAMAGE RESULTING FROM ANY SUCH USE OF THE ADMIN ARSENAL SOFTWARE.
e.Your Back Up Obligations. IT IS YOUR RESPONSIBILITY, PRIOR TO INSTALLING OR CONFIGURING THE ADMIN ARSENAL SOFTWARE, INSTALLING OR CONFIGURING ANY UPDATES OR UPGRADES TO SUCH SOFTWARE, OR RECEIVING ANY SUPPORT, MAINTENANCE, OR OTHER SERVICES FROM ADMIN ARSENAL, REGARDLESS OF WHETHER YOU HAVE PAID ADMIN ARSENAL ANY LICENSE, SUPPORT, MAINTENANCE, OR OTHER FEE, TO BACK UP THE CONTENTS OF ALL OF YOUR HARD DRIVES AND OTHER ELECTRONIC STORAGE DEVICES FOR ALL COMPUTING DEVICES ON OR WITH RESPECT TO WHICH THE ADMIN ARSENAL SOFTWARE IS USED, INCLUDING WITHOUT LIMITATION ANY DATA, YOUR OTHER OR THIRD-PARTY SOFTWARE, SETTINGS, OR OTHER INFORMATION STORED OR INSTALLED THEREON. ADMIN ARSENAL SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU, YOUR ENTITY, OR ANY OTHER PERSON FOR (i) ANY DAMAGE TO OR LOSS OF ANY OF YOUR OR THIRD-PARTY SOFTWARE, DATA, OR OTHER INFORMATION STORED ON ANY SUCH HARD DRIVES OR OTHER SUCH STORAGE DEVICES, OR (ii) ANY DIRECT, GENERAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR OTHER DAMAGES RESULTING THEREFROM, EVEN IF ADMIN ARSENAL IS ADVISED OF THE POSSIBILITY THEREOF. YOU ASSUME ALL RISK OF LOSS AND DAMAGES ASSOCIATED THEREWITH. ANY OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF ANY ADMIN ARSENAL SERVICES IS AT YOUR DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, ANY LOSS OF DATA, AND ANY OTHER LOSS OR DAMAGE THAT RESULTS THEREFROM, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES, MALWARE, AND OTHER MALICIOUS COMPUTER CODE.
f.Disclaimer of Implied Warranties. ADMIN ARSENAL MAKES NO WARRANTY, PROMISE, OR REPRESENTATION NOT EXPRESSLY SET FORTH IN THE Limited Warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH HEREIN, ADMIN ARSENAL PROVIDES THE ADMIN ARSENAL SOFTWARE AND ANY AND ALL SUPPORT, MAINTENANCE, AND OTHER SERVICES TO YOU WITHOUT ANY OTHER WARRANTY, EXPRESS OR IMPLIED, AND DISCLAIMS ANY AND ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES (IF ANY) OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, WORKMANLIKE EFFORT, LACK OF VIRUSES, AND LACK OF NEGLIGENCE, AND ALL OTHER STATUTORY AND OTHER WARRANTIES OF OR IMPLIED BY LAW THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION, MODIFICATION, OR DISCLAIMER. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, OR QUIET POSSESSION. THE TERMS OF ANY WARRANTIES THAT BY LAW CANNOT BE DISCLAIMED BY THE FOREGOING ARE LIMITED TO 90 DAYS, OR THE SHORTEST PERIOD PERMITTED BY LAW IF LESS TIME IS POSSIBLE OR IF A LONGER TIME IS REQUIRED.
g.Limitations on Type and Amount of Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADMIN ARSENAL BE LIABLE TO YOU OR YOUR ENTITY, OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU, FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), NEGLIGENT MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF BY ADMIN ARSENAL, AND EVEN IF ADMIN ARSENAL HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION MEANS, FOR EXAMPLE, THAT ADMIN ARSENAL INTENDS NOT TO BE RESPONSIBLE FOR ANYTHING OTHER THAN ITS Limited Warranty, AND IS NOT RESPONSIBLE OR LIABLE FOR DAMAGES OR COSTS INCURRED BY YOU, YOUR ENTITY, OR PERSON OR ENTITY CLAIMING THROUGH YOU, FOR ANY LOSS OF TIME, DATA, INCOME, OR USE OF THE ADMIN ARSENAL SOFTWARE, OR FOR DAMAGES TO, CAUSED BY, OR AS A RESULT OF DAMAGE TO, ANY DEVICE CONTROLLED OR OTHERWISE AFFECTED BY THE ADMIN ARSENAL SOFTWARE. IN ADDITION, ADMIN ARSENAL IS NOT RESPONSIBLE OR LIABLE FOR DAMAGES OR COSTS INCURRED IN CONNECTION WITH OBTAINING SUBSTITUTE SOFTWARE, INCONVENIENCE, OR SIMILAR DAMAGES OR COSTS. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS IN THIS SECTION, IN NO EVENT SHALL ADMIN ARSENAL’S LIABILITY FOR ANY DAMAGES TO YOU, YOUR ENTITY, OR ANY OTHER PERSON OR ENTITY, EXCEED THE FEE RECEIVED BY ADMIN ARSENAL FOR THE LICENSE TO USE THE SOFTWARE OR THE AMOUNT RECEIVED BY ADMIN ARSENAL FOR THE SERVICES, REGARDLESS OF THE FORM OF THE CLAIM OR THE THEORY OF LIABILITY, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE.
h.Allocation of Risk. YOUR SOLE AND EXCLUSIVE REMEDIES ARE SET FORTH IN THIS AGREEMENT IN THE Limited Warranty, WHICH DEFINES THE AGREED-UPON ALLOCATION OF RISKS AND WHICH ALLOCATION WAS REFLECTED IN THE FEES (IF ANY) THAT ADMIN ARSENAL CHARGES. ALL OF THE FOREGOING LIMITATIONS, DISCLAIMERS, AND EXCLUSIONS CONTAINED IN THE Limited Warranty SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
© 2016 Admin Arsenal, Inc. All rights reserved.
Admin Arsenal is a trademark of Admin Arsenal, Inc. All other product and company names are the property of their respective owners.
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