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1 SINGLE DEVELOPER END-USER LICENSE AGREEMENT FOR Aqua Data Studio (c) version 3.5 SOFTWARE
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3 IMPORTANT-READ CAREFULLY. This Aqua Data Studio End-User License Agreement (“EULA”) is a legal AGREEMENT between you (either as a registered individual developer or as the registered developer/representative and on behalf of a single entity) and AquaFold Corporation for the Aqua Data Studio software product identified above, which product includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install or use the SOFTWARE PRODUCT.
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5 SOFTWARE PRODUCT LICENSE
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7 1) GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed, not sold. This EULA grants you, the registered computer software developer, the following rights:
8 · Applications Software. The SOFTWARE PRODUCT may be used only by you. You may install and use one copy of the SOFTWARE PRODUCT, or any prior version thereof for the same operating system, on a single computer but only for use in the number of written language(s) that you selected at time of first installation and in which you have acquired rights; provided that such use complies with all applicable laws. You agree to indemnify, defend and hold harmless AquaFold against any claims arising out of any allegation that your use of the SOFTWARE PRODUCT violates any such laws.
9 · STORAGE/NETWORK USE. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a distinct license for each developer using the SOFTWARE PRODUCT from the storage device. Any given license for the SOFTWARE PRODUCT may not be shared or used concurrently or otherwise on different computers or by different developers in a given organization.
10 2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
11 · Academic Edition Software. If the SOFTWARE PRODUCT is identified as “Academic Edition” or “Educational Copy” or “AE,” you must be a “Qualified Educational User” to use the SOFTWARE PRODUCT. If you have acquired such a SOFTWARE PRODUCT and are not a Qualified Educational User, you have no rights in the SOFTWARE PRODUCTS under this EULA. To determine whether you are a Qualified Educational User, please contact the AquaFold.
12 · Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The SOFTWARE PRODUCT is licensed as a single product.
13 · Software Transfer. You may permanently and wholly transfer all of your rights under this EULA, provided you (a) retain no copies (whole or partial), (b) permanently and wholly transfer any and all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity) to the recipient, and (c) the recipient first agrees to abide by all of the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include any and all prior versions of the SOFTWARE PRODUCT and any and all of your rights therein, if any.
14 · Termination. Without prejudice to any of AquaFold’s other rights, AquaFold may terminate this EULA at any time. In such event, you must destroy any and all copies of the SOFTWARE PRODUCT and all of its component parts.
15 3) UPGRADES. If the SOFTWARE PRODUCT is labeled or otherwise identified by AquaFold as an “upgrade”, you must be properly licensed to use a product identified by AquaFold as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT, labeled or otherwise identified by AquaFold as an upgrade, replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
16 4) COPYRIGHT AND TRADEMARKS.
17 · All title, trademarks and copyrights in and pertaining to the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned or licensed by AquaFold or its affiliated companies. The SOFTWARE PRODUCT is protected by copyright and trademark laws and international treaty provisions. You may make one copy of the SOFTWARE PRODUCT for back-up and archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
18 · You may not remove, modify or alter any AquaFold copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or otherwise created by the SOFTWARE PRODUCT.
19 5) DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of the medium you receive, you may use only that one medium that is appropriate for your single computer. You may not use or install the other medium on another computer, including but not limited to portable computers under the exclusive control of the registered developer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
20 6) LIMITED WARRANTY
21 · LIMITED WARRANTY. AquaFold warrants that (a) the SOFTWARE PRODUCT will, for a period of ninety (90) days from the date of delivery, perform substantially in accordance with AquaFold’s written materials accompanying it, and (b) any Support Services provided by AquaFold shall be substantially as described in applicable written materials provided to you by AquaFold.
22 · CUSTOMER REMEDIES. In the event of any breach of warranty or other duty owed by AquaFold, AquaFold’s and its suppliers’ entire liability and your exclusive remedy shall be, at AquaFold’s option, either (a) return of the price paid by you for the SOFTWARE PRODUCT (not to exceed the suggested U.S. retail price) if any, (b) repair or replacement of the defective SOFTWARE PRODUCT or (c) re-performance of the Support Services. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
23 · NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AQUAFOLD AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.
24 7) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AQUAFOLD OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF AQUAFOLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, AQUAFOLD'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO AQUAFOLD FOR THE SOFTWARE PRODUCT OR SERVICE THAT DIRECTLY CAUSED THE DAMAGE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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