END-USER LICENSE AGREEMENT FOR MOZZAZ TALKINGTILES AND MOZZAZ CARE APPS
IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Mozzaz Corporation for the Mozzaz software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“Product”). By installing, copying, or otherwise using the Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or use the Product.
The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Product is licensed, not sold.
1. GRANT OF LICENSE.
General. Mozzaz grants you the right to reproduce, install and use the Product for the purposes of evaluating, designing, developing, and testing software product(s), and to reproduce and distribute the Product, provided that you agree:
(a) to distribute the Product in object code form only and only in conjunction with and as a part of a software application product developed by you;
(b) to not use Mozzaz’s name, logo, or trademarks to market your software application product;
(c) to include a valid copyright notice on your software application product; and
(d) to indemnify, hold harmless, and defend Mozzaz from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of your software application product.
Documentation. Solely with respect to the electronic documentation provided with the Product, if any, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed beyond the user’s premises.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Not For Resale Product. You may not resell, or otherwise transfer for value, the Product except for distribution as permitted above in Section 1(a).
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Rental. You may not sell, rent, or lease the Product.
Support Services. No technical support will be provided for the Product.
No Other Uses. You may not use the Product in any way other than as expressly permitted under this EULA.
Termination. Without prejudice to any other rights, Mozzaz may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Product and all of its component parts.
Reservation of Rights. Mozzaz reserves all rights not expressly granted to you in this EULA.
3. COPYRIGHT. The Product is protected by copyright and other intellectual property laws and treaties. Mozzaz or its suppliers own the title, copyright, and other intellectual property rights in the Product.
5. EXPORTABLE ENCRYPTION. You agree that you will not export or re-export the Product (or portions thereof) to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the Product (or portions thereof): (i) to any country subject to a U.S. embargo or trade restriction; (ii) to any person or entity who you know or have reason to know will utilize the Product (or portions thereof) in the production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been denied export privileges by the U.S. government. For additional information see <http://www.Mozzaz.com/ exporting/.
This EULA is governed by the laws of the province of Ontario.
DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Mozzaz and its suppliers provide the Product and any (if any) support services related to the Product (“Support Services”) AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Product, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Mozzaz or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Product, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Mozzaz or any supplier, and even if Mozzaz or any supplier has been advised of the possibility of such damages.
LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Mozzaz and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.