PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE DOWNLOAD AND INSTALLATION OF THE SOFTWARE PROGRAM IDENTIFIED ABOVE AND ANY ASSOCIATED SOFTWARE COMPONENTS, MEDIA, PRINTED MATERIALS OR OTHER RELATED ELECTRONIC DOCUMENTATION (COLLECTIVELY, THE “PRODUCT”). TO COMPLETE YOUR ORDER FOR THE PRODUCT YOU’VE REQUESTED, YOU MUST FIRST ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY DOING SO, OR OTHERWISE INSTALLING, COPYING, OR USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PRODUCT BETWEEN YOU AND ANYREC, AND IT SUPERSEDES ANY PRIOR PROPOSAL, AGREEMENT, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION.
Section 1: Intellectual Property Rights
The Product is protected by copyright and other intellectual property laws, and all intellectual property rights in and to the Product belong to AnyRec and its subsidiaries. Further, all right, title and interest, including all intellectual property rights, in and to the content which may be accessed through use of the Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content. All rights not expressly granted to you are reserved by AnyRec. The Product is only licensed to you, not sold. You may not reproduce, publish, transmit, modify, create derivative works from, publicly display, or publicly perform the Product. Copying or storing the Product other than as expressly permitted in Section 2 below is prohibited unless you obtain prior written permission from AnyRec.
Section 2: License Grant and Prohibited Uses
ANYREC hereby grants you, subject to the terms and conditions of this Agreement, a limited, non-exclusive, non-transferable and non-sublicensable license to use the number of copies of the Product which you have paid on the corresponding number of computers, running a validly licensed copy of the operating system for which the product was designed, for your personal use or for the internal business use of your company. You may make a single copy of the Product for archival purposes and may use such copy only when the original copy is not in use. You may not remove or alter any copyright notices on any copies of the Product. You may not use the Product on a computer network or allow concurrent use of the Product by more than one individual. You may not rent, lease or otherwise transfer the Product. Unless permitted by law, you may not reverse engineer, decompile, or disassemble the Product or attempt to do so. Any supplemental code that AnyRec may provide you in connection with any support services agreed upon between the parties shall be considered part of the Product and shall be subject to the terms and conditions of this Agreement. You must comply with all applicable laws regarding use of the Product.
Section 3: Trial Version
If you have received, downloaded and/or installed a trial version of the Product and are hereby granted an evaluation license for the Product, you may use the Product only for evaluation purpose and only during the single applicable evaluation period, unless otherwise indicated, from the date of the initial installation. Any use of the Product for other purposes or beyond the applicable evaluation period is strictly prohibited.
Section 4: Installation
You may install one copy of the Licensed Product on a single device. You must be the primary user of the device on which the Licensed Product is installed. This Agreement shall apply to all installations of the Licensed Product. Installation of the Licensed Product on two or more devices is prohibited. You may purchase and install multiple licenses if you wants to install software on two or more devices. You shall be solely responsible for all expenses incurred in installation and use of the Licensed Product.
Section 5: Software Improvement Program
AnyRec is committed to helping protect your privacy at all times except as otherwise provided in this Agreement. This statement explains the anonymous data collection process and usage practices for the Software Improvement Program of AnyRec.
In order to provide and improve the Product, its features, and user’s experience, AnyRec will automatically collect, maintain, process and use information concerning the way the various modules and functionalities of AnyRec Product are being used. Information is also gathered anonymously for the purpose of statistical analysis about Product usage.
AnyRec will only use such information for the purpose of providing end users with the best possible software experience. The collected data will not be disclosed, shared, sold, traded or rented to any third parties for marketing purposes. For users who do not wish to enable this service, you may opt-out in the advanced options menu during the installation process.
Section 6: Activation
The Licensed Product contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Product may contain enforcement technology that limits Licensee’s ability to install and uninstall the Licensed Product on a machine to no more than a finite number of times, for a finite number of devices and for a defined period in time designated by the purchased License. The Licensed Product may require activation during installation and in the Documentation. If any of such applicable activation procedure(s) is not followed, the Licensed Product may only operate for a finite period of time. If activation is required, but the Licensee doesn’t complete activation within the finite period of time set forth in the Documentation or explained during installation, the Licensed Product will cease to function until activation has been completed, by which time functionality will be restored. If Licensee has any problem with the activation process, Licensee may contact AnyRec Customer Service for support.
Section 7: License Transfer
Licensee may not rent, lease, lend, sell, assign, sub-license, redistribute or transfer the Licensed Product or the License granted by this EULA without prior written consent of AnyRec.
Section 8: Limited Warranty
AnyRec warrants and represents to you that the Product will substantially conform to and operate in accordance with its documentation for a period of thirty (30) days from the date you accept the terms of this Agreement and complete the download of the Product (“Warranty Period”). This Limited Warranty applies only if the nonconformance is reported to AnyRec during the Warranty Period and if AnyRec is able to confirm the substantial non-conformance. It is void if the non-conformance of the Product is the result of accident, abuse, misapplication, or inappropriate use of the Product. The exclusive remedy for breach of this warranty shall be, at AnyRec’s option, either (i) the repair or replacement of the Product; or (ii) a refund of the price, if any, which you paid to license the Product.
Section 9: Warranty Disclaimer
SUBJECT TO THE PROVISIONS OF SECTION 4 ABOVE, THE PRODUCT IS BEING LICENSED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH YOU, AND, SHOULD THE PRODUCT PROVE DEFECTIVE, YOU AND NOT ANYREC ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. TO THE EXTENT PERMITTED BY LAW, ANYREC DISCLAIMS ALL OTHER WARRANTIES ON THE PRODUCT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. FURTHER, ANYREC DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE PRODUCT. ANYREC MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. ANYREC FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO AUTHORIZED USERS OR TO ANY THIRD PARTY. THE DURATION OF ANY STATUTORILY-REQUIRED WARRANTY PERIOD SHALL BE LIMITED TO THE TERM OF THE LIMITED WARRANTY. NOTWITHSTANDING THE FOREGOING, YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
Section 10: Disclaimer of Consequential Damages
UNDER NO CIRCUMSTANCES SHALL ANYREC BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF THE PRODUCT OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION, COMPUTER FAILURE, WORK STOPPAGE OR ANY OTHER DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Section 11: Limitation of Liability
ANYREC SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE PRODUCT OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION. ANYREC’S TOTAL LIABILITY SHALL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE PRODUCT.
IF THE PRODUCT IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER’S RIGHT FOR WHICH ANYREC MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE PRODUCT UPON RECEIVING THE COMPANY’S WRITTEN NOTICE (INCLUDING BY EMAIL). ANYREC MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED PRODUCT FREE OF CHARGE. IN SUCH CIRCUMSTANCE, ANYREC SHALL NOT BEAR OTHER LIABILITIES TO YOU.
Section 12: Export Control
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Product to countries or persons prohibited under the export control laws. By downloading the Product, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of the Product.
Section 13: Taxes
You shall be responsible for the payment of all sales, use and similar taxes relating to the license of the Product.
Section 14: Termination
Without prejudice to any other rights, AnyRec may terminate this Agreement if you fail to comply with the terms and conditions set forth herein. In such event, you must destroy all copies of the Product in your possession.
Section 15: Miscellaneous
ANYREC DOES NOT ALLOW YOU TO UTILIZE OUR PRODUCT TO DO ANYTHING THAT VIOLATES THE LOCAL LAW OR INFRINGE ANY PARTY’S RIGHTS OR INTELLECTUAL PROPERTY. IF YOU UTILIZE OUR SOFTWARE TO DO THE ILLEGAL ACTIVITY OR INFRINGE OTHER’S RIGHTS, THE CONSEQUENT RESULT SHALL BE ON YOUR OWN RESPONSIBILITY. IF YOU DISAGREE WITH THIS ITEM, PLEASE DON’T INSTALL AND/OR USE THE SOFTWARE PRODUCT.
Adolescents may not use the services provided by AnyRec to browse the content of any illegal, obscene, pornographic and other violations of public order and morals.
To the maximum extent permitted by law, the final interpretation is left to our discretion. Should you have any questions concerning this EULA, or if you desire to contact AnyRec for any reason, please feel free to contact us: firstname.lastname@example.org