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Tuact License Agreement
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE “EULA”) BEFORE DOWNLOADING, INSTALLING OR USING THE TUACT SOFTWARE OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY THE “SOFTWARE”). THE SOFTWARE DOES NOT INCLUDE THIRD-PARTY APPLICATIONS (AS DEFINED IN SECTION 1 BELOW) OR OPEN SOURCE SOFTWARE (AS DEFINED IN SECTION 3 BELOW). THIS IS A LEGAL AGREEMENT BETWEEN TUACT LTD . (“TUACT”) AND YOU. THIS EULA (WHICH IS AVAILABLE AT http://tuact.com/), THE TUACT PRIVACY POLICIES AND THE CONTENT SHARING TERMS OF SERVICE (WHICH ARE AVAILABLE AT http://www.tuact.com/), ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE, GOVERN YOUR ACCESS TO AND USE OF THE SOFTWARE.
Tuact is willing to license the Software to you only upon the condition that you accept all the terms contained in this EULA. By selecting the “Next” button (or similar language provided by us) or by downloading, installing or using the Software, you acknowledge and agree that you have read and understand this EULA and accept all of its terms.
In addition, by accessing and using the Software you acknowledge and agree to the privacy and legal policies contained hereof.
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE “EULA”) BEFORE DOWNLOADING, INSTALLING OR USING THE TUACT SOFTWARE OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY THE “SOFTWARE”). THE SOFTWARE DOES NOT INCLUDE THIRD-PARTY APPLICATIONS (AS DEFINED IN SECTION 1 BELOW) OR OPEN SOURCE SOFTWARE (AS DEFINED IN SECTION 3 BELOW). THIS IS A LEGAL AGREEMENT BETWEEN TUACT LTD . (“TUACT”) AND YOU. THIS EULA (WHICH IS AVAILABLE AT http://tuact.com/), THE TUACT PRIVACY POLICIES AND THE CONTENT SHARING TERMS OF SERVICE (WHICH ARE AVAILABLE AT http://www.tuact.com/), ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE, GOVERN YOUR ACCESS TO AND USE OF THE SOFTWARE.
Tuact is willing to license the Software to you only upon the condition that you accept all the terms contained in this EULA. By selecting the “Next” button (or similar language provided by us) or by downloading, installing or using the Software, you acknowledge and agree that you have read and understand this EULA and accept all of its terms.
In addition, by accessing and using the Software you acknowledge and agree to the privacy and legal policies contained hereof.
License to Software and Use.
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- 1.1. Conditioned upon your compliance with the terms and conditions of this EULA, Tuact hereby grants to you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to install and use the executable form of the Software on a single computer or device, solely for your personal use, provided that you use the Software on a computer owned or controlled by you. You may make a single copy of the Software for backup purposes. Tuact reserves all rights in the Software not expressly granted to you in this EULA.
- 1.2. You may not: (a) copy or modify the Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; or (c) use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Tuact. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the Software provided in object code or any other Tuact products or services, in whole or in part, or permit or authorize a third party to do so
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- 1.3. Tuact Software is licensed, not sold. You agree that Conduit owns all right, title and interest in and to the Software, both in external and internal software code, firmware, driver support or any other code, including without limitation all intellectual property rights therein. The Software is protected by United States (and other contries) copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you.
- 1.4. Tuact is committed to protecting the privacy and legal rights of the publishers and the users that use the Tuact Software. Tuact does not collect the personally identifiable information of users via the Software or Third Party Applications. In addition, as part of Tuact’s terms of service and user agreements, among other requirements,
Disclaimer of Warranty
THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. TUACT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TUACT OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. TUACT DOES NOT REPRESENT OR WARRANT THAT: (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SOFTWARE, TUACT MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SOFTWARE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE SOFTWARE.
Limitation of Liability
IN NO EVENT WILL TUACT, ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE “TUACT GROUP”) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE SOFTWARE OR HARDWARE APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT THE TUACT GROUP WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL TUACT’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE SOFTWARE.