Physion End user license agreement
IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT
This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE PRODUCT is licensed, not sold.
End User License Agreement
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Dimitris Xanthopoulos with regard to the copyrighted Software (herein referred to as "SOFTWARE PRODUCT" or "SOFTWARE") provided with this EULA.
The SOFTWARE PRODUCT includes computer software, the associated media and any "online" or electronic documentation. Use of any software and related documentation ("Software") provided to you by Dimitris Xanthopoulos in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the Software. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Dimitris Xanthopoulos is unwilling to license the SOFTWARE PRODUCT to you.
1. License Grant
Dimitris Xanthopoulos grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software provided with this EULA solely for personal, non-commercial use. You agree you will not copy the Software except as necessary to use it on a single computer. Modifying, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software.
The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Dimitris Xanthopoulos, and you will not acquire any rights to the Software. All copies of the Software will contain the same proprietary notices as contained in or on the Software. All title and copyrights in and to the SOFTWARE PRODUCT and any copies of the SOFTWARE PRODUCT, are owned by Dimitris Xanthopoulos.
3. Reverse Engineering
You agree that you will not attempt to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to Dimitris Xanthopoulos.
4. Disclaimer of Warranty
The Software is provided "AS IS" without warranty of any kind. Dimitris Xanthopoulos disclaims and makes no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Dimitris Xanthopoulos does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Dimitris Xanthopoulos IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
5. Limitation of Liability.
In no event shall Dimitris Xanthopoulos be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if Dimitris Xanthopoulos has been advised of the possibility of such damages, or any claim by a third party.
You may not loan, rent, or lease the SOFTWARE.
7. No Liability for Consequential Damages.
In no event shall Dimitris Xanthopoulos be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this product, even if Dimitris Xanthopoulos has been advised of the possibility of such damages.
8. Indemnification By You
If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend Dimitris Xanthopoulos and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the Software in violation of this Agreement.