License:
THIS GEEKSNERDS END-USER LICENSE AGREEMENT (THE "LICENSE" OR "AGREEMENT") IS A BINDING AGREEMENT BETWEEN THE USER (EITHER AN INDIVIDUAL OR AN ENTITY) AND GEEKSNERDS LIMITED REGARDING ACCEPTABLE USE OF THIS SOFTWARE PRODUCT (THE "SOFTWARE").
BY PROCEEDING WITH THE INSTALLATION PROCEDURE, THE USER IS GIVING AN INDICATION ABOUT THE ACCEPTANCE AND AGREE FULLY WITH THE FOLLOWING LICENSE PROVISIONS.
1. GRANT OF LICENSE:
Geeksnerds Limited grants the user the non-exclusive right to use the Software on a single computer, or on a number of computers specified by the Software during the installation process, or on a number of computers specified in writing by Geeksnerds Limited in a license addendum or alternate license issued specifically. The Software is "in use" on a computer when it is loaded into that computer's temporary memory (i.e., RAM) or long-term storage (e.g., hard disk, CD-ROM, or other storage device).
2. USE:
The user shall retain full control over the use of the Software and take on his own all risks and liability for results obtained by the use of the Software. Geeksnerds Limited shall have no liability to the user or to any third party for any ordinary, special, exemplary or consequential damages or losses (including, without limitation, damages for loss of business profits, any other pecuniary loss) which might arise directly or indirectly by reason of the use of inability to use the Software, even if Geeksnerds Limited has been advised of the possibility of such damages. You shall indemnify, defend and hold Geeksnerds Limited harmless from any loss, cost, damage, or expense, including attorneys' fees, arising from any claim asserted against Geeksnerds Limited that is in any way associated with the matters set forth here in Paragraph 2. Because some states and countries do not allow the exclusion or limitation of liability of consequential or incidental damages, the above limitations may not apply in such cases.
3. TITLE:
No title or ownership in the Software is transferred to the user. Title to all applicable rights in patents, copyrights and trade secrets in the Software shall remain with Geeksnerds Limited. The Software provided hereunder is proprietary to Geeksnerds Limited, and the user shall be bound by and observe the proprietary nature thereof as herein provided. Except as may be specifically authorized in writing by Geeksnerds Limited or as otherwise provided herein, you shall not provide or otherwise make available the Software or copies thereof to any third party.
4. TERM AND TERMINATION:
The term of this License shall commence on the date of purchase of the Software and shall continue until such time as you destroy all copies of the Software and documentation and erasing any copies on storage media, but otherwise shall be valid without any restriction of time. Geeksnerds Limited shall have the right to terminate this License if the user fails to comply with the License terms and conditions. Upon expiration of the License term or upon termination by reason of default, the user shall immediately return or destroy the Software and copies thereof as directed by Geeksnerds Limited and, if requested by Geeksnerds Limited, to certify in writing as to the destruction or return of the Software and all copies thereof. The provisions of this License which protect the proprietary rights of Geeksnerds Limited shall continue in force after termination.
5. COPYRIGHT:
This computer software and all accompanying materials are COPYRIGHT © 2007-11 GEEKSNERDS LIMITED INCORPORATED. Any unauthorized duplication is prohibited. The Software is owned by Geeksnerds Limited and is protected by United Kingdom copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g. a book or musical recording) except that you may either (a) make one copy of the Software solely for archival purposes, or (b) transfer the Software to the fixed storage media of a single computer, provided you keep the original solely for archival purposes. You shall not reproduce the written materials accompanying the Software. The unauthorized copying of the Software and the acquisition and/or use of unauthorized copies of the Software may be both criminal and civil offenses for which the doer may be liable for fines, damages and legal fees. If you attempt to use, copy or disclose any portion of the Software or any modification thereof or any of Geeksnerds Limited confidential information in a manner contrary to the terms of this License, Geeksnerds Limited shall have the right, in addition to other legal remedies, to injunctive relief enjoining such acts without the posting of a bond.
6. OTHER RESTRICTIONS:
The user cannot lent or lease the Software to others, but you may transfer the Software and all accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. The user cannot reverse engineer, decompile, or disassemble the Software. If the Software has been updated, any transfer must include all versions.
7. PATENT AND COPYRIGHT INDEMNIFICATION:
Geeksnerds Limited shall defend any action, suit, or proceeding brought against the user so far as it is based on a claim that the Software delivered hereunder infringes any United Kingdom patent or copyright, provided that you promptly notify Geeksnerds Limited of the action and you give full authority, information and assistance for the defense of the action. Geeksnerds Limited shall pay all damages and costs awarded therein against you, but shall not be responsible for any compromise made without its consent. Geeksnerds Limited may, at its option and expense, replace or modify the Software so that infringement will not exist or refund to you the price thereof as depreciated or amortized by an equal amount over the lifetime of the Software as established by Geeksnerds Limited. Geeksnerds Limited commitment shall not extend to any infringement or claim thereof which is based upon the combination of the Software delivered hereunder with software not supplied by Geeksnerds Limited.
8. LIMITED WARRANTY:
Geeksnerds Limited warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of purchase. Some states and countries do not allow limitations on duration of an implied warranty, so the above limitation may not apply to that.
9. CUSTOMER REMEDIES:
Geeksnerds Limited and its suppliers' entire liability and exclusive remedy shall be, at Geeksnerds Limited option, either (a) return of the price paid by for the Software, or (b) replacement of the Software, which is returned to Geeksnerds Limited with a copy of your proof of purchase. Outside the United Kingdom, these remedies are not available without proof of purchase from an authorized non-U.K. source.
10. NO OTHER WARRANTIES:
Geeksnerds Limited and its suppliers disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the Software and the accompanying materials.
11. SUCCESSORS, ASSIGNMENT:
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. You shall not assign or sublicense your rights or obligations under this Agreement except as provided herein.
12. COMPLETE AGREEMENT:
This Agreement constitutes the entire agreement between Geeksnerds Limited and the user relative to this License. Any change hereto shall be effective only if in writing and signed by both a duly authorized agent of Geeksnerds Limited and you.
13. SEVERABILITY:
If any provision or portion thereof of this License is held to be invalid, void or unenforceable, the remaining provisions of this License shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH.
14. EXPORT OR RE EXPORT:
You shall not, directly or indirectly, export or transmit any Geeksnerds Limited product covered by this Agreement to any country to which such exportation is restricted by applicable regulations or statutes of the United Kingdom or any agency thereof, without the prior written consent of the U.K. Department of Commerce and of any other required governmental agency.
15. GOVERNING LAW:
This Agreement is governed by the laws of England and Wales and the Court of England shall have Exclusive Jurisdiction.