END-USER LICENSE AGREEMENT FOR HARVEST AMERICAN, INC. IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Harvest American, Inc.’s End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Harvest American, Inc. for the Harvest American, Inc. software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“Number Machine Pro and/or Number Machine”). By installing, copying, or otherwise using Number Machine Pro and/or Number Machine, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Harvest American, Inc., (referred to as “licenser”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use Number Machine Pro and/or Number Machine.
Number Machine Pro and Number Machine are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Number Machine Pro and Number Machine is licensed, not sold.
GRANT OF LICENSE.
Number Machine Pro and Number Machine are licensed as follows:
(a) Installation and Use.
Harvest American, Inc. grants you the right to install and use copies of Number Machine Pro and Number Machine on your computer running a validly licensed copy of the operating system for which Number Machine Pro and Number Machine was designed [e.g., Windows XP, Windows Vista, Windows 7].
(b) Backup Copies.
You may also make copies of Number Machine Pro and Number Machine as may be necessary for backup and archival purposes.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of Number Machine Pro and Number Machine.
You may not distribute registered copies of Number Machine Pro and Number Machine to third parties. Evaluation versions available for download from Harvest American, Inc.’s websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble Number Machine Pro and Number Machine, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend Number Machine Pro and Number Machine.
(e) Support Services.
Harvest American, Inc. may provide you with support services related to Number Machine Pro and Number Machine (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Number Machine Pro and Number Machine and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the Number Machine Pro and Number Machine.
Without prejudice to any other rights, Harvest American, Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of Number Machine Pro and Number Machine in your possession.
All title, including but not limited to copyrights, in and to the Number Machine Pro and Number Machine and any copies thereof are owned by Harvest American, Inc. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of Number Machine Pro and Number Machine are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Harvest American, Inc.
Harvest American, Inc. expressly disclaims any warranty for Number Machine Pro and Number Machine. Number Machine Pro and Number Machine are provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Harvest American, Inc. does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within Number Machine Pro and Number Machine. Harvest American, Inc. 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. Harvest American, Inc. further expressly disclaims any warranty or representation to Authorized Users or to any third party.
LIMITATION OF LIABILITY
In no event shall Harvest American, Inc. be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the Number Machine Pro and Number Machine software, even if Harvest American, Inc. has been advised of the possibility of such damages. In no event will Harvest American, Inc. be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Harvest American, Inc. shall have no liability with respect to the content of Number Machine Pro and Number Machine 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.