IMPORTANT - Read this License Agreement carefully before downloading or using any of our software. By downloading our software, you agree to be bound by the terms of this License Agreement.
THIS IS A LEGAL AGREEMENT between you (either an individual or an entity) and Hivelogic Corporation By using or downloading this software, you are agreeing to be bound by the terms and conditions of this License Agreement. If you do not agree to the terms and conditions of this License Agreement, do not use or download the software.
1. Grant of Limited License.
Hivelogic Corporation grants to you the non-exclusive right to use Hivelogic Corporation’s software program (the “Software”).
2. Disclaimer of Warranties and Limitation of Liability.
THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. HIVELOGIC CORPORATION. FURTHER DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT HIVELOGIC CORPORATION. SOFTWARE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
IN NO EVENT SHALL HIVELOGIC CORPORATION. OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF THE SOFTWARE, BE LIABLE FOR ANY DAMAGES WHATSOEVER; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, FOR LOSS OF BUSINESS INFORMATION, OR FOR OTHER MONETARY LOSS, ARISING OUT OF THE USE OF THE SOFTWARE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF YOU HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL HIVELOGIC CORPORATION. BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES WHATSOEVER, WHETHER IN A CONTRACT ACTION, NEGLIGENCE OR OTHER TORT ACTION, OR OTHER CLAIM OR ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE SOFTWARE OR DOCUMENTS AND OTHER INFORMATION PROVIDED TO YOU BY HIVELOGIC CORPORATION., OR IN THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES OR INFORMATION.
Because some states of the United States and some countries do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to you. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you downloaded or otherwise received the Software.
3. Third Party Sites.
HIVELOGIC CORPORATION. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY WEBSITE MAINTAINED BY ANY THIRD PARTY. USE OF THE ENKODER TO ACCESS THE WEBSITE OF A THIRD PARTY DOES NOT IMPLY ENDORSEMENT OF THE SITE BY HIVELOGIC CORPORATION.
If any litigation is brought to enforce this License Agreement, or arises out of this License Agreement, the prevailing party shall be awarded its reasonable attorneys’ fees together with expenses and costs incurred in such litigation. This Agreement shall be governed by the laws of the State of Florida, but not including the 1980 United Nations Convention on Contracts for International Sale of Goods. Venue for any action under this Agreement shall be in Orlando, Florida. You consent to the personal jurisdiction of the courts of such venue. This License Agreement is the complete agreement between Hivelogic Corporation and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.