By using the ArcShell (“Software”), you (“Licensee”) are agreeing to be bound by the following terms and conditions (“Terms of Service”). Arclogic Software (“Company” or “Licensor”) reserves the right to update and change these Terms of Service without notice. Violation of any of the terms below may result in the termination of your license.
This is an agreement between Licensor and Licensee, who is being licensed to use the named Software.
Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software.
This License permits Licensee to install the Software on more than one computer system. Licensee will not make unauthorized copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only.
This Software is subject to a limited warranty. Licensor warrants the Software will perform according to its printed documentation, and to the best of Licensor’s knowledge Licensee’s use of this Software according to the printed documentation is not an infringement of any third party’s intellectual property rights. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty.
Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS SOFTWARE. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.
Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach by Licensee.
Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.