PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING SOFTWARE FROM SYMBIOSTOCK. BY USING SYMBIOSTOCK SOFTWARE, YOU SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF THIS END USER LICENSE AGREEMENT AND ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE TERMS. AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO ENTER INTO THIS END USER LICENSE AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN YOU MUST NOT USE THE SYMBIOSTOCK SOFTWARE. THIS END USER LICENSE AGREEMENT DOES NOT PROVIDE ANY RIGHTS TO SYMBIOSTOCK SERVICES SUCH AS SOFTWARE MAINTENANCE, UPGRADES OR SUPPORT.
This end user license agreement (“EULA”) governs the use of any of the versions of Symbiostock, including plugins and additions, and any related updates, source code, appearance, structure and organization (the “Programs”), regardless of the delivery mechanism.
1. License Grant. Subject to the following terms, Symbiostock grants to you a license to the Programs pursuant to the included licence as specified within the Programs. The license agreement for each software component is located in the software component’s source code. This EULA pertains solely to the Programs and does not limit your rights under, or grant you rights that supersede, the license terms of any particular component.
2. Intellectual Property Rights. The Programs and each of their components are owned by Symbiostock and are protected under copyright law and under other laws as applicable. Title to the Programs and any component, or to any copy, modification, or merged portion shall remain with Symbiostock, subject to the applicable license. The “Symbiostock” trademark and the “Hummingbird” logo are trademarks of Symbiostock.
3. Limited Warranty. Except as specifically stated in this Section 3, a separate agreement with Symbiostock, or a license for a particular component, to the maximum extent permitted under applicable law, the Programs and the components are provided and licensed “as is” without warranty of any kind, expressed or implied, including the implied warranties of merchantability, non-infringement or fitness for a particular purpose. Neither Symbiostock nor its affiliates warrants that the functions contained in the Programs will meet your requirements or that the operation of the Programs will be entirely error free, appear or perform precisely as described in the accompanying documentation, or comply with regulatory requirements.
4. Limitation of Remedies and Liability. To the maximum extent permitted by applicable law, your exclusive remedy under this EULA is to cease using the Programs. To the maximum extent permitted under applicable law, under no circumstances will Symbiostock, its affiliates, any Symbiostock authorized distributor, or the licensor of any component provided to you under this EULA be liable to you for any incidental or consequential damages, including lost profits or lost savings arising out of the use or inability to use the Programs or any component, even if Symbiostock, its affiliates, an authorized distributor and/or licensor has been advised of the possibility of such damages. In no event shall Symbiostock’s or its affiliates’ liability, an authorized distributor’s liability or the liability of the licensor of a component provided to you under this EULA exceed the amount that you paid to Symbiostock for the media under this EULA.