Sonora Graphics Software License AgreementNOTICE This is a legal agreement between You and Sonora Graphics. YOU MUST READ AND AGREE TO THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT BEFORE DOWNLOADING, INSTALLING OR USING SONORA GRAPHICS SOFTWARE APPLICATION(S). BY DOWNLOADING, INSTALLING OR USING THE APPLICATION(S) OR CLICKING ON THE "ACCEPT" BUTTON OF THIS SOFTWARE LICENSE AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT, THEN YOU SHOULD EXIT THIS PAGE AND NOT DOWNLOAD, INSTALL OR USE THE APPLICATION(S). BY DOING SO, YOU FOREGO ANY IMPLIED OR STATED RIGHTS TO DOWNLOAD OR INSTALL OR USE THE APPLICATION(S).
SOFTWARE LICENSE AGREEMENT Sonora Graphics grants You a limited, non-exclusive, non-transferable license, under Sonora Graphics Copyrights, to download, install and use the Application(s) and any revisions thereto made available by Sonora Graphics according to the terms set forth below.
DEFINITIONS For the purpose of this Agreement, the following terms shall have the following meanings:
TERMINATION This license will continue until terminated. Unauthorized use, reproduction or distribution of the Application(s) or any other failure to comply with the above terms will result in automatic termination of this Agreement and will make available to Sonora Graphics other legal remedies. Upon termination of this license for any reason You will destroy all copies of the Application(s). Any use of the Application(s) or derivative works thereof after termination is unlawful.
WARRANTY DISCLAIMER THE APPLICATION(S) IS PROVIDED ON AN "AS IS" BASIS. SONORA GRAPHICS AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OR IN ANY COMMUNICATION WITH YOU, AND SONORA GRAPHICS AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND THEIR EQUIVALENTS. Sonora Graphics does not warrant that the Application(s) will meet Your specific requirements.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY IN NO EVENT WILL SONORA GRAPHICS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF OR CORRUPTION TO DATA, LOST PROFITS, LOSS OF CONTRACTS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR ANY OTHER DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THE SUPPLY OR USE OF THE APPLICATION(S), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE). THIS LIMITATION WILL APPLY EVEN IF SONORA GRAPHICS OR AN AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF THEIR POSSIBILITY. THIS LIMITATION WILL NOT APPLY TO THE EXTENT THAT LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
SAFE OPERATION YOU ASSUME RESPONSIBILITY FOR, AND HEREBY AGREE TO USE YOUR BEST EFFORTS IN, USING THE APPLICATION(S) TO PROVIDE FOR SAFE OPERATION THEREOF, INCLUDING, BUT NOT LIMITED TO, COMPLIANCE OR QUALIFICATION WITH RESPECT TO ALL SAFETY LAWS, REGULATIONS AND AGENCY APPROVALS, AS APPLICABLE. THE APPLICATION(S) ARE NOT DESIGNED OR INTENDED FOR USE AS COMPONENTS IN EQUIPMENT INTENDED FOR SURGICAL IMPLANT INTO THE BODY, OR OTHER APPLICATIONS INTENDED TO SUPPORT OR SUSTAIN LIFE, FOR USE IN FLIGHT CONTROL OR ENGINE CONTROL EQUIPMENT WITHIN AN AIRCRAFT, OR FOR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE APPLICATION(S) COULD CREATE A SITUATION IN WHICH PERSONAL INJURY OR DEATH MAY OCCUR, AND YOU SHALL HAVE NO RIGHTS HEREUNDER FOR ANY SUCH APPLICATIONS.
LANGUAGE The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, have been and shall be written in the English language only.
GENERAL This Agreement shall be governed by the laws of the State of Arionza, including its Uniform Commercial Code, without reference to conflicts of laws principles. This Agreement is the entire agreement between us and supersedes any other communications, representations or advertising with respect to the Application(s). The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of the Agreement shall continue in full force and effect.
If You are acquiring the Application(s) on behalf of any part of the U.S. Government, the following provisions apply. The Application(s) programs and documentation are deemed to be "commercial computer software" and "commercial computer software documentation", respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Application(s) programs and/or documentation by the U.S. Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. Any technical data provided that is not covered by the above provisions is deemed to be "technical data-commercial items" pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 227.7015(b). You understand that Sonora Graphics is subject to regulation by agencies of the U.S. government, including, but not limited to, the U.S. Department of Commerce, which prohibit export or diversion of certain technical products to certain countries. You warrant that You will comply in all respects with the Export Administration Regulations and all other export and re-export restrictions applicable to the Application(s) licensed hereunder. The person entering into this Software License Agreement represents and warrants that such person is authorized to bind and does so bind his or her principal or employer and has adequate legal capacity to enter this Software License Agreement. You may not assign this Software License Agreement or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of Sonora Graphics. Subject to the foregoing sentence, this Software License Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.