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THIS DOCUMENT CONTAINS INFORMATION REGARDING WARRANTIES AND DISCLAIMERS. BY USING THE SERVICES/APPLICATIONS AND PLATFORMS OF ARANDA DATA SAFE, YOU ACCEPT THE SOFTWARE ALONG WITH THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SERVICES/APPLICATIONS AND PLATFORMS OF ARANDA DATA SAFEAND UNINSTALL THE SOFTWARE.
- “ARANDA” refers to Aranda Software Corp. and its licensors, if any. Aranda is the licensor of the software.
- “Software” means the computer program(s) developed by Aranda and third parties, in both cases provided solely in object code form, as supplied by Aranda in the accompanying package and other documentation, media and storage devices, printed materials, and electronic or online documentation. “Software” also includes the underlying programson on which the software is based ARANDA DATA SAFE and all data contained in said database.
- The software consists of client modules, server modules, and console modules. You may install and use the Software on the number of personal computers running the Windows operating system specified in the header of this agreement. To install and run the server modules, you must have a server running the Windows Server operating system and a server running the SQL Server database engine, both of which must meet the minimum requirements specified for this purpose. Notwithstanding the provisions of this document, you may not use the Software on any product other than a PC or Android and/or iOS mobile devices, in accordance with the solution you have purchased. The Software license may not be shared, installed, or used simultaneously on multiple computers in such a way that the total number of computers on which the Software is installed exceeds the number specified in the header.
- If you received the software as an evaluation copy, you may not use the software or the database beyond beyond the evaluation period specified in the evaluation documentation. Once the evaluation period has expired, you must uninstall and delete the software and delete all files or databases created by the software.
- The software contains a database designed for use with the software. You may not use the database for any other purpose. If you wish to use the database with any other software not provided by Aranda, you must first obtain written authorization from Aranda.
- You may make one copy of the Software in read-only format for backup purposes only. Each such copy must include all copyright notices and other intellectual property notices included in the original copy of the Software.
- You hereby agree that Aranda may verify your use of the Software, following receipt of the relevant notice sent in advance of the visit, to determine compliance with the terms and conditions set forth in this document.
- This document does not grant any exclusive rights.
- This document does not grant you certain rights, but those rights may be available under a separate agreement. If you wish to enter into a Distribution Agreement, please send an email to the following address: infochannel@Arandasoft.com.
- In addition to the provisions of Section 2, you may not make copies of the Software, distribute them, or transfer the Software electronically from one computer to another or over a network.
- Furthermore, you may not alter, merge, modify, adapt, or translate the Software, nor may you decompile, reverse engineer, disassemble, or reduce it to a form that is perceptible to a human.
- You may not sell, lease, rent, provide for demonstration purposes, or sublicense the software.
- You may not modify the Software or create derivative works based on the Software.
- You may not export the software to any country prohibited by the export laws of the United States of America (Export Administration Act) and its associated regulations.
- If you fail to comply with the terms and conditions set forth in this document, Aranda shall be entitled to terminate the license, and you must destroy all copies of the Software; however, the other rights applicable to both parties, along with the other provisions set forth in this document, shall remain in full force and effect following termination.
The foregoing license grants you a limited license to use the Software. Aranda and its suppliers retain all rights, title, and interest, including copyright and intellectual property rights, in and to the Software and any copies thereof. All rights not expressly granted herein, including national and international copyright rights, are reserved by Aranda and its suppliers.
- THIS SOFTWARE IS PROVIDED "AS IS." ARANDA PROVIDES SUPPORT TTHISAND A LIMITED WARRANTY FOR THE SOFTWARE.
- ARANDA AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, NO WARRANTY IS MADE REGARDING NON-INFRINGEMENT OR TITLE. ARANDA DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION. THE DESIGN, PURPOSE, AND LICENSE OF THE SOFTWARE DO NOT ENTAIL THE USE OF THE SOFTWARE IN HAZARDOUS LOCATIONS WHERE FAIL-SAFE CONTROL SYSTEMS ARE REQUIRED, SUCH AS IN THE DESIGN, CONSTRUCTION, MAINTENANCE, OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT COMMUNICATION OR NAVIGATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, HEART-LUNG MACHINES, OR WEAPON SYSTEMS. ARANDA HEREBY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF FITNESS OF THE PRODUCT FOR THE PURPOSES SET FORTH ABOVE.
- IN THE EVENT THAT THAT IF APPLICABLE LAW REQUIRES WARRANTIES TO BE PROVIDED FOR THE SOFTWARE, SUCH WARRANTIES SHALL BE LIMITED TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
- NO WRITTEN OR ORAL INFORMATION OR NOTICE PROVIDED BY ARANDA, ITS REPRESENTATIVES, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CONSTITUTE ANY WARRANTY OR IN ANY WAY EXTEND THE SCOPE OF ANY WARRANTIES SET FORTH IN THIS DOCUMENT.
- (Only for the United States of America) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO, THE ABOVE MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AS WELL AS OTHER LEGAL RIGHTS THAT MAY VARY DEPENDING ON THE STATE WHERE YOU RESIDE.
- ARANDA AND ITS SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING, AMONG OTHER THINGS, DAMAGES FOR THE INABILITY TO USE THE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS OR PROFITS, INTERRUPTION OF BUSINESS ACTIVITIES, OR SIMILAR), ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE AND BASED ON ANY THEORIES OF LIABILITY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, EVEN IF ARANDA OR ITS REPRESENTATIVES HAD BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- ARANDA'S TOTAL LIABILITY WITH REGARD TO ACTUAL DAMAGES ARISING FOR ANY REASON SHALL BE LIMITED TO $50 OR THE AMOUNT PAID FOR THE SOFTWARE (WHICHEVER IS GREATER) THAT CAUSED THE DAMAGE.
- (For the United States only) IN SOME STATES, THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES IS NOT PERMITTED
- OR EMERGING, THEREFORE, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU; FURTHERMORE, YOU MAY HAVE OTHER LEGAL RIGHTS DEPENDING ON THE STATE WHERE YOU RESIDE.
- THE ABOVE-MENTIONED LIMITATIONS OF LIABILITY ONLY APPLY TO THE WARRANTIES AND DISCLAIMERS SET FORTH ABOVE, AS WELL AS TO THE OTHER MATTERS INCLUDED IN THIS DOCUMENT.
The Disclaimer of Liability, Exclusive Remedies, and Limited Warranty set forth above constitute fundamental elements of the agreement between you and ARANDA. ARANDA cannot provide you with the Software at a reduced price without these limitations. The Disclaimer of Liability, Exclusive Remedies, and Limited Warranty are for the benefit of ARANDA’s licensors.
The limitations or exclusions of warranties and liabilities set forth in this document shall not affect the legal rights of consumers (i.e., individuals who purchase a product for non-commercial purposes).
The limitations or exclusions of warranties, remedies, or liabilities set forth in this document apply to you only if such limitations or exclusions are permitted under applicable local law.
The Software may include third-party software that requires consent to additional notices or terms and conditions.
Aranda and all other trademarks included in the Software are registered trademarks or trademarks of ARANDA SOFTWARE CORP. in the United States of America and other countries. Third-party trademarks, as well as their trade names, product names, and logos, are registered trademarks or trademarks of their respective owners. It is prohibited to remove or alter the notices, legends, symbols, or labels of trademarks, trade names, product names, and logos included in the Software. This document does not authorize the use of the name Aranda or that of its licensors, nor that of their respective trademarks.
This document shall be governed by the laws of the State of Florida, excluding its conflict of laws provisions. You hereby agree that any disputes arising out of or in connection with this document shall be submitted exclusively to the state courts of Dade County, Florida, or to the federal courts of the State of Florida.
This document shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
This document constitutes the entire agreement between the parties regarding the subject matter herein and supersedes any prior agreements or contracts, whether oral or written. You hereby agree that any variation or additional term included in any purchase order or other written notices or documents issued by you in connection with the Software licensed hereunder shall have no effect. Any failure or delay by Aranda in exercising its rights under this document or resulting from a breach thereof shall not constitute a waiver by Aranda of such rights.
No distributor, agent, or employee of Aranda is authorized to modify this document.
In the event that any provision of this document is held to be invalid by a court of competent jurisdiction, such provision shall be enforced to the fullest extent permitted by law; the remaining provisions of this document shall remain in full force and effect.