Your use of FlakTek™ hardware and software is subject to the following End User License Agreement (EULA):
FlakTek™ is made available to end users through a license agreement with Praxis Technologies, Inc. (LICENSOR) which holds intellectual property and proprietary license rights in and to FlakTek™. You are the End User and as such your limited, non-exclusive, non-transferable sub-license (called End User License Agreement) to use FlakTek™ confers no title or ownership in or to FlakTek™ or any portion of it and shall not be construed a sale or other conveyance of any right in FlakTek™ or any portion of it.
FlakTek™ shall remain the sole and exclusive property of its rightful owner, as shall all intellectual property rights associated therewith including those arising under patent, copyright, trademark and trade-secret law. You will take all steps necessary to protect FlakTek™ from unauthorized access. You shall not remove or deface or circumvent proprietary notices and security devices placed on or in FlakTek™ or any part of it.
To the extent LICENSOR’s rights rely on third party rights, each third party may protect its rights in and to the software separately and may enforce its rights separately.
LICENSOR, ITS LICENSEE, RESELLERS, REPRESENTATIVES OR ASSIGNS DOES NOT AND CANNOT WARRANT THE INFORMATION, DOCUMENTATION, OR SOFTWARE INCLUDED OR ACCESSED BY FLAKTEK™ OR THE PERFORMANCE OR RESULTS OBTAINED BY USING THIS INFORMATION, DOCUMENTATION, OR SOFTWARE OR THAT YOU WILL HAVE CONTINUOUS OR UNINTERRUPTED ACCESS TO FLAKTEK™ WEBSITE AND SPECIFICALLY DISCLAIMS RESPONSIBILITY FOR ANY INTERRUPTION THEREOF. LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR (OR ANY) PURPOSE WHETHER ARISING BY STATUTE OR OTHERWISE, IN LAW OR EQUITY, OR FROM ANY OTHER COURSE OF DEALING OR USAGE OF TRADE.
TO THE EXTENT YOU USE, ACCESS, OR IMPLEMENT THIS INFORMATION, DOCUMENTATION OR SOFTWARE, YOU DO SO AT YOUR OWN RISK. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM YOUR USE OR YOUR INABILITY TO USE FLAKTEK™ ANY INFORMATION, DOCUMENTATION, OR SOFTWARE, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY A THIRD PARTY.
YOU MAY NOT DISASSEMBLE DECOMPILE OR DECRYPT THE SOFTWARE OR HARDWARE.
LICENSOR, ITS LICENSEE, RESELLERS, REPRESENTATIVES OR ASSIGNS DISCLAIM ANY WARRANTY OR REPRESENTATION THAT USE OF FLAKTEK™ WILL MAKE ANY PREMISES OR OPERATION SAFE OR HEALTHFUL, OR PUT IT IN COMPLIANCE WITH ANY LAW, RULE OR REGULATION.
IN NO EVENT SHALL LICENSOR, ITS LICENSEE, RESELLERS, REPRESENTATIVES OR ASSIGNS BE LIABLE TO END USER FOR ANY LOST PROFITS, LOSS OF BUSINESS, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY END USER AS A RESULT OF THE PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER ANY DOCUMENT, OR ITS ACTS OR OMISSIONS RELATED TO ANY DOCUMENT, WHETHER CLAIMED IN TORT, CONTRACT OR OTHERWISE, EVEN IF LICENSOR OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT EXCEED THE ACTUAL AMOUNT PAID BY END USER HEREUNDER DURING THE SIXTY (60) DAY PERIOD IMMEDIATELY PRECEDING END USER'S CLAIM FOR RECOVERY. NO INDEMNIFICATION OF ANY KIND IS PROVIDED BY LICENSOR TO END USER OR ANY OTHER PERSON OR ENTITY PURSUANT TO OR ARISING FROM ANY USE OF FLAKTEK™. ANY CLAIM HEREUNDER BY END USER MUST BE ASSERTED TO FLAKTEK™ AT THE ADDRESS LISTED BELOW AND MUST INCLUDE RETURN OF THE ORIGINAL FLAKTEK™ EQUIPMENT WITHIN THIRTY (30) DAYS OF ARISING OR BE FOREVER BARRED.
You may not export or use FlakTek™ hardware in its entirety or any of its individual components, nor may you download, export, re-export or use the FlakTek™ software or any part of it (a) into, or for, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using FlakTek™ you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree that LICENSOR may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. LICENSOR may use this information to improve their products, invent new products or services, or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
This End User License Agreement is governed by the laws of the United States and the State of New Jersey, without reference to conflict of laws principles. Any dispute between you and LICENSOR regarding this End User License Agreement will be subject to the exclusive venue of the state and federal courts in the state of New Jersey.
Each use of FlakTek™ indicates your acceptance of the End User License Agreement.
All correspondence shall be sent to Customer Support, 288 Egg Harbor Road, Mail Stop 121, Sewell, NJ 08080. For additional information, visit the website at www.FlakTek.com. Telephone calls will not be accepted.
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