© 2023 Eminent Software LLC
This Software License Agreement ("Agreement") is entered into by and between Eminent Software LLC ("Company") and the user ("User") of the software.
1. License Grant
Subject to the terms and conditions of this Agreement, Company grants User a non-exclusive, non-transferable license to use the software solely for the purpose of creating journals ("Journals").
2. Ownership
User acknowledges and agrees that Company retains all rights, title, and interest in and to the software, including any and all intellectual property rights. User further acknowledges that the software is licensed, not sold.
3. User's Rights
User retains all rights to the content created within the software, including the content of their Journals.
4. Restrictions
User shall not:
- Copy, reproduce, or distribute the software in any form.
- Modify, adapt, translate, or create derivative works based on the software.
- Sell, lease, sublicense, or otherwise transfer any rights in the software to any third party.
5. Termination
This Agreement shall remain in effect until terminated. Company reserves the right to terminate this Agreement at any time if User breaches any provision of this Agreement. Upon termination, User shall cease all use of the software.
6. Disclaimer of Warranty
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
7. Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the USA.