This is an agreement between Ciholas, Inc., (hereafter referred to as Licensor) and End-User, (hereafter referred to as Licensee), who is being granted usage of the CUWB Software License (hereafter referred to as the License) per the terms in this agreement.
Licensee acknowledges that this is only a limited, nonexclusive, nontransferable license. Licensor is and remains the owner of all titles, rights, and interests in the Software.
Software is for demonstration and evaluation purposes only. Commercial use and distribution of the Software is expressly prohibited unless permission has been granted by Licensor in writing to Licensee.
This License permits Licensee to install and use the Software on more than one computer system. Licensee may make copies of the Software for personal use and evaluation. Licensee will not redistribute or allow others to redistribute copies of the Software.
The Licensee must never use the software in any way where the software or failure of the software could cause possible harm or injury to the Licensee or others.
Notwithstanding any other agreements with licensor, the Licensee shall indemnify, defend, and hold harmless licensor, its employees, successors, and heirs against any claim, liability, cost, damage, deficiency, loss, expense, or obligation of any kind or nature (including, without limitation, reasonable attorney’s fees and other costs and expenses of litigation) incurred by or imposed upon the indemnities or any one of them in connection with any claims, suits, actions, demands, or judgments (including, but not limited to, actions in the form of tort, warranty, or strict liability) arising from the use of this software.
Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach of 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, unless modified and agreed to in writing by both parties.
This License Agreement will be governed by the laws of the State of Indiana and any claims and controversies arising from use of this Software shall be brought in the State of Indiana.
This License Agreement is valid without Licensor’s signature. It becomes effective upon the Licensee’s use of the Software.
The Licensor may amend the License at any time and will post such modifications on this website. Changes are effective upon posting. The Licensee’s continued use of the Software after such posting constitutes acceptance.
Unless expressly stated otherwise, all Software constitutes original code and is subject to the License. Any use of the Software must be in compliance with the License.
CIHOLAS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND HARDWARE) AND OTHER SERVICES MADE AVAILABLE THROUGH CIHOLAS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CIHOLAS SERVICES INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: CIHOLAS.COM, CIHOLAS SHOP, FORUM.CIHOLAS.COM, CUWB.IO, AND ALL CIHOLAS PRODUCTS, SOFTWARE AND HARDWARE. THE USE OF CIHOLAS SERVICES IS AT THE USER’S SOLE RISK.
EXCEPT AS EXPRESSLY PROVIDED IN THE CIHOLAS STANDARD WARRANTY POLICY STATEMENT, CIHOLAS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CIHOLAS BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER INJURIES AND/OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE CIHOLAS SERVICES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, BREACH OR ANY OTHER PECUNIARY LOSS), OR FROM ANY BREACH OF WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS DISCLAIMER OF WARRANTY, THE MAXIMUM AGGREGATE AMOUNT TO WHICH THE USER IS ENTITLED IS THE AMOUNT OF THE FEES PAID BY THE USER TO CIHOLAS.
CIHOLAS IS NOT LIABLE FOR ANY CONDUCT OF ANY USER OF CIHOLAS SERVICES NOR OF ANY APPLICATION OR USE OF CIHOLAS SERVICES IN AN ILLEGAL MANNER OR TO COMMIT AN ILLEGAL ACT OR IN A JURISDICTION IN WHICH IT IS ILLEGAL OR UNAUTHORIZED TO USE THESE SERVICES. IT IS THE RESPONSIBILITY OF THE USER OF CIHOLAS SERVICES TO ESTABLISH THE LEGALITY OF ITS USE IN THE USER’S JURISDICTION.