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WHEREAS, W3Apps, Inc. is the owner of valuable intellectual property rights relating to the Jeevan Software ("JeevanTM") and wishes to license JeevanTM subject to the terms and conditions set forth below; and WHEREAS, you ("Licensee") acknowledge that W3Apps, Inc. has the right to grant licenses to the intellectual property rights relating to JeevanTM, and that you desire to obtain a license to use JeevanTM subject to the terms and conditions set forth below; By downloading, using, or copying JeevanTM or any portion thereof, Licensee agrees to abide by the intellectual property laws and all other applicable laws of the United States of America, and to all of the terms and conditions of this Agreement, and agrees to take all necessary steps to ensure that the terms and conditions of this Agreement are not violated by any person or entity under the Licensee's control or in the Licensee's service. The Software is licensed to Licensee only under the terms of this Agreement, and W3apps Inc. reserves all rights not expressly granted to Licensee. W3apps Inc. grants Licensee the non-exclusive right to use Jeevan on a single computer. Licensee may not use, copy, modify, rent, lease, loan, sell, distribute or transfer the Software, or any copy or part thereof, except as expressly provided for in this Agreement. Licensee may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software. No right, title, or interest in or to any trademarks, service marks, or trade names of W3apps Inc. or licensors of W3apps Inc. granted hereunder. W3apps Inc. makes no representations or warranties that the Jeevan interfaces existing as of the date of acceptance of this Agreement will remain unchanged thereafter. Licensee shall maintain the copyright and trademark notices on the materials within or otherwise related to JeevanTM, and not alter, erase, deface or overprint any such notice. Licensee may copy materials within or otherwise related to JeevanTM that bear the W3Apps copyright only as required for backup purposes or for use solely by the Licensee. Licensee may not distribute in any form of electronic or printed communication the materials within or otherwise related to JeevanTM that bear the W3Apps copyright, including documentation, help files, examples, and benchmarks, without prior written consent from W3Apps, Inc. Licensee may not distribute to any third party in any form the results of benchmark or other performance tests run on JeevanTM without the prior writen consent of W3Apps Inc. W3APPS INC. DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF JEEVANtm, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. W3APPS INC. SHALL NOT BE LIABLE FOR ANY DIRECT OR CONSEQUENTIAL DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, JEEVANtm . This agreement shall be construed and enforced in accordance with the laws of the United States of America and the State of Florida (excluding its choice of law rules). This Agreement is the parties' entire agreement relating to the Software. It supersedes all prior or contemporaneous oral or written communications, proposals, warranties, and representations with respect to its subject matter, and following Licensee's acceptance of this license by clicking on the "Accept" Button, will prevail over any conflicting or additional terms of any subsequent quote, order, acknowledgment, or any other communications by or between the parties. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party. | ||
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