End-User License Agreement (EULA) for Exponam software
NOTICE TO END-USER – PLEASE READ THIS CONTRACT CAREFULLY.
BY USING ALL OR ANY PORTION OF THE EXPONAM SOFTWARE (“SOFTWARE”) YOU, THE END USER, ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE AS A NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g., CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF ANY AMOUNT YOU ORIGINALLY PAID SO LONG AS YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN THE LIMITED WARRANTY PERIOD, (NINETY (90) DAYS) OF THE PURCHASE DATE. AN AMENDMENT OR ADDENDUM TO THIS EULA MAY ACCOMPANY THE SOFTWARE AND IS HEREBY INCORPORATED BY REFERENCE. YOU AGREE TO BE BOUND BY THE TERMS OF ANY AMENDMENT TO THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
Exponam and its affiliates retain all intellectual property rights in the Software. Exponam permits the use of the Software only in accordance with the terms of this Agreement. Use of some third-party materials included in the Software may be subject to other terms and conditions found in a separate license agreements or “ReadMe” files contained in or packaged with this Software or available from any such third-party affiliate.
“Affiliate” means any person, entity or consortium with, through, or from which Exponam obtains source code or with whom Exponam collaborates to develop source code.
“Computer” means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
“End User” or “You” means the purchaser, owner and or operator, their employees, contractors and their assigns that acquire a licensing right to Exponam’s software.
“Software” means (a) all of the contents of the files, disk(s), CD-ROM(s), or other media with which this Agreement is provided, including but not limited to (i) Exponam or third-party computer information or software; (ii) and related explanatory written materials or files (“Documentation”); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Exponam (collectively, “Updates”).
“Exponam” means Exponam LLC, a New Hampshire corporation, 155 Fleet Street, Portsmouth, NH 03801.
“Use” or “Using” means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation. “Permitted Number” means the number of named users or accounts as indicated under a valid license granted by Exponam.
2. GRANT OF LICENSE. Exponam grants to the End User a non-exclusive license to Use the Software for the purposes described in this EULA and the Documentation provided with the software expressly conditioned upon the terms and conditions herein contained and conditioned upon the End User’s compliance with the terms of this Software License Agreement (this “Agreement”), including but not limited to the following:
2.1 General Use. You may install and Use a copy of the Software on your compatible computer.
2.2 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4.
2.3 No Modification, Reverse Engineering, Decompilation, or Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not alter or modify the Software or create a new installer for the Software. The Software is licensed and distributed by Exponam for creating, viewing, distributing, and sharing Exponam data files and reports. ANY UNAUTHORIZED MODIFICATION IS STRICTLY PROHIBITED AND EXPONAM EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY, LOSS OR FAILURE THAT MAY OCCUR AFTER OR AS A RESULT OF MODIFICATION, REVERSE ENGINEERING, DECOMPILATION OR DISASSEMBLY OF ITS SOFTWARE, REGARDLESS OF WHETHER A CAUSAL CONNECTION MAY BE FOUND FOR THE RESULTING LOSS OR FAILURE.
2.4 Third-Party Version Control Access. You may access third-party version control sites (“Third-Party Sites”), such as those used by Open Source Community software developers in using this Software. Your access to and use of any Third-Party Sites, including any goods, services, or information made available from such sites, is governed by the terms and conditions found at each Third-Party Site, if any. Third-Party Sites are not owned, operated or controlled by Exponam and Exponam is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Exponam is not responsible for webcasting or any other form of transmission received from any third party sites. Exponam is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Exponam of the third party site. YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK. EXPONAM MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS, OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD-PARTY SITES.
3. RESERVATION OF RIGHTS AND OWNERSHIP – COPYRIGHT PROTECTION. Exponam reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws of the United States and other countries and applicable treaties. Exponam and/or its Affiliates own the title, copyright, and other intellectual property rights in the Software. The Software and any copies produced with or without authorization are the intellectual property of and are owned by Exponam and its Affiliates. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of Exponam and its Affiliates. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Exponam and its Affiliates. The Software is licensed, not sold.
4.1 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
4.2 No Modifications. You shall not modify, adapt, or translate the Software. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Exponam to provide the information necessary to achieve such operability and Exponam has not made such information available. Exponam has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by Exponam and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the Exponam Customer Support Department.
4.3 User Interface Features. The Software may contain features and functionality that appear disabled or “grayed out” (the “User Interface Features”). You agree not to access, or attempt to access, disabled User Interface Features or otherwise circumvent the permissions that control activation of such Document Features. You may only use the User Interface Features that have been enabled under a valid license from Exponam. No other use is permitted.
4.4 Transfer. You may not rent, lease, sublicense, assign, or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user’s computer except as may be expressly permitted herein. You may not transfer education, prerelease, or not for resale copies of the Software.
5. UPGRADE VERSION USE. If the Software is an Update to a previous version of the Software, you must first be licensed for the software identified by Exponam as eligible for the upgrade and you must possess a valid license to such previous version in order to Use such Upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.
6. TERMINATION. Without prejudice to any other rights, Exponam 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 Software and all of its component parts.
7. LIMITED WARRANTY. Exponam warrants that the Software is actually contained on the media you purchased, and that it will perform properly if loaded properly on a Computer that satisfies the minimum supported system requirements, for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
This Limited Warranty is governed by the Uniform Commercial Code as adopted by the State of New Hampshire at NH RSA 382-A et seq., and is applicable to all End Users wherever the End User may be located, world-wide, insofar as the same may be applicable pursuant to the laws of a specific jurisdiction, state or province. In those areas where the New Hampshire Uniform Commercial Code is not applicable, this Limited Warranty shall be applicable pursuant to the Uniform Commercial Code or similar code, law or ordinance as may be adopted by that jurisdiction, state or province.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. The following sets forth your EXCLUSIVE REMEDY for breach of this Limited Warranty and/or this EULA. Except for any refund elected by Exponam, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Exponam’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 9 (“Exclusion of Incidental, Consequential and Certain Other Damages”) are also incorporated into this Limited Warranty. In states or jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, the above limitation or exclusion may not apply. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state to state and jurisdiction to jurisdiction.
YOUR EXCLUSIVE REMEDY. Eponam’s and its Affiliates’ entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Exponam’s option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Exponam with a copy of your receipt. You will receive the remedy elected by Exponam without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Exponam). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Exponam will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Exponam’s warranty remedy procedures. Outside the United States, neither these remedies nor any product support services offered by Exponam (if any) are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Exponam, Incorporated, 155 Fleet Street, Portsmouth, NH 03801, or the Exponam subsidiary serving your country.
8. DISCLAIMER OF WARRANTY. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and the initial warranty period of ninety (90) days from receipt of the software the subject of this EULA, and to the maximum extent permitted by applicable law, Exponam and its Affiliates provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. Exponam makes no warranty as to the operability and compatibility of any source code or program generated with or by its Affiliates, and this EULA and any warranties, expressly or impliedly created hereby shall not extend to nor cover the source code of Exponam’s Affiliates in any manner.ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
EXPONAM DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.
The provisions of Section 7, Section 8, Section 9, and Section 10 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXPONAM OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS 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 RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF EXPONAM OR ANY AFFILIATE THEREOF, AND EVEN IF EXPONAM OR ANY AFFILIATE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or indirect general damages in contract or by any other legal theory), the entire liability of Exponam and any of its Affiliates under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Exponam with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US $10.00. The foregoing limitations, exclusions and disclaimers (including Sections 7, 8, and 9) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. Exponam is acting on behalf of its Affiliates for the purpose of disclaiming, excluding, and/or limiting obligations, warranties, and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Exponam’s Customer Support Department.
11. EXPORT RULES. You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively the “Export Laws”). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
12. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of New Hampshire. The court of Rockingham County, New Hampshire shall have nonexclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
13. GENERAL PROVISIONS. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Exponam. Updates may be licensed to you by Exponam with additional or different terms. This is the entire agreement between Exponam and you relating to the Software, and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.
14. NOTICE TO U.S. GOVERNMENT END USERS. The Software and Documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Exponam LLC, 155 Fleet Street, Portsmouth, NH 03801, USA. For U.S. Government End Users, Exponam agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.
15. COMPLIANCE WITH LICENSES. If you are a business or organization, you agree that upon request from Exponam or Exponam’s authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Exponam.
16. SPECIFIC PROVISIONS AND EXCEPTIONS.
16.1 REASONABLE MEASURE TO REDUCE RISK OF LOSS You are required to take all reasonable measures to avoid and reduce damages, including but not limited to making a backup copy(ies) of the Software (subject to the provisions of this Agreement) and your computer data including your computer’s system state prior to installation of the Software and a separate backup copy(ies) of the Software (subject to the provisions of this Agreement) and your computer data including the computer’s system state after the installation of the Software. ANY FAILURE TO COMPLY WITH THIS PROVISION SHALL NULLIFY ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED TO THE EXTENT ALLOWABLE BY APPLICABLE LAW.
16.2 PRE-RELEASE PRODUCT ADDITIONAL TERMS AND EXCLUSIONS. If the product you have received with this license is a pre- release or beta Software (“Prerelease Software”), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Prerelease Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent the final product from Exponam, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. Consequently, the Prerelease Software is provided to you “AS-IS,” and Exponam disclaims any warranty or liability obligations of any kind to you. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRERELEASE SOFTWARE, BUT IT MAY BE LIMITED, EXPONAM’S LIABILITY AND THAT OF ITS AFFILIATES SHALL BE LIMITED TO THE SUM OF TEN DOLLARS (US $10) IN TOTAL. You acknowledge that Exponam has not promised or guaranteed to you that Prerelease Software will be announced or made available to anyone in the future, Exponam has no express or implied obligation to you to announce or introduce the Prerelease Software, and that Exponam may not introduce a product similar to or compatible with the Prerelease Software. Accordingly, you acknowledge that any research or development that you perform regarding the Prerelease Software or any product associated with the Prerelease Software is done entirely at your own risk. During the term of this Agreement, if requested by Exponam, you will provide feedback to Exponam regarding testing and use of the Prerelease Software, including error or bug reports. If you have been provided the Prerelease Software pursuant to a separate written agreement, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, assign, or transfer the Prerelease Software. Upon receipt of a later unreleased version of the Prerelease Software or release by Exponam of a publicly released commercial version of the Software, whether as a standalone product or as part of a larger product, you agree to return or destroy all earlier Prerelease Software received from Exponam and to abide by the terms of the license agreement for any such later versions of the Prerelease Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America, you agree that you will return or destroy all unreleased versions of the Prerelease Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for Exponam’s first commercial shipment of the publicly released (commercial) Software.
16.3 GUARANTEE, EXCLUSIONS AND LIMITATIONS OF LIABILITY FOR SPECIFIC INTERNATIONAL MARKETS. The following guarantee applies to you if you acquired this Software in and will be using it solely within any country other than the United States: Statutory rights not affected – The following guarantee is not restricted to any territory and does not affect any statutory rights that you may have from your reseller or from Exponam if you acquired the Software directly from Exponam. If you acquired the Software or any support services in the European Union, Australia, New Zealand or Malaysia, please see the “Consumer rights” section below.
The guarantee – The Software is designed and offered as a general-purpose software, not for any user’s particular purpose. You accept that no Software is error free and you are strongly advised to back-up your files regularly. Provided that you have a valid license, Exponam guarantees that a) for a period of 90 days from the date of receipt of your license to use the Software or the shortest period permitted by applicable law it will perform substantially in accordance with the written materials that accompany the Software; and b) any support services provided by Exonpam (if any) shall be substantially as described in applicable written materials provided to you by Exponam and Exponam support engineers will use reasonable efforts, care and skill to solve any problems or issues. In the event that the Software fails to comply with this guarantee, Exponam will either (a) repair or replace the Software or (b) return the price you paid. This guarantee is void if failure of the Software results from accident, abuse, misapplication or alteration of the source code in any manner. Any replacement Software will be guaranteed for the remainder of the original guarantee period or thirty (30) days, whichever period is longer. You agree that the above guarantee is your sole guarantee in relation to the Software and any support services.
Exclusion of All Other Terms – To the maximum extent permitted by applicable law and subject to the guarantee above, Exponam disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and the written materials that accompany the Software. Any implied warranties that cannot be excluded are limited to ninety (90) days or to the shortest period permitted by applicable law, whichever is greater.
Limitation of Liability – To the maximum extent permitted by applicable law and except as provided herein, Exponam and its Affiliates shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, loss of savings, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Software, even if Exponam has been advised of the possibility of such damages. In any case Exponam’s entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software or ten dollars (US $10.00). These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.
Consumer rights – Consumers in the European Union, Australia, New Zealand or Malaysia may have the benefit of certain rights and remedies by reason of the Laws and Rules promulgated under the EU Single Market in the European Union, the Trade Practices Act and similar state and territory laws in Australia, the Consumer Guarantees Act in New Zealand, and the Consumer Protection Act in Malaysia in respect of which liability cannot lawfully be modified or excluded.
17. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Exponam relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Exponam policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
If you have any questions regarding this Agreement or if you wish to request any information from Exponam, use the address and contact information included with this product to contact the Exponam office, subsidiary or Affiliate serving your country or visit Exponam on the World Wide Web at www.exponam.com.
Exponam and Exponam Viewer are either registered trademarks or trademarks of Exponam LLC in the United States and/or other countries.