END-USER LICENSE AGREEMENT FOR STARK EM, LLC
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY.
Stark EM, LLC's End-User License Agreement ("EULA") is a legal agreement between
you (either an individual or a single entity) and Stark EM, LLC. for the Stark EM,
LLC software product(s) identified above which may include associated software components,
media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT").
By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be
bound by the terms of this EULA. This license agreement represents the entire agreement
concerning the program between you and Stark EM, LLC, (referred to as "licenser"),
and it supersedes any prior proposal, representation, or understanding between the
parties. Use of the SOFTWARE PRODUCT indicates agreement to the terms of this EULA;
therefore, if you do not agree to the terms of this EULA, do not install or use
the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The SOFTWARE
PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use. Stark EM, LLC grants you the right to install and use
copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy
of the operating system for which the SOFTWARE PRODUCT was designed.
(b) Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary
for backup and archival purposes.
2. 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 the SOFTWARE PRODUCT.
(b) Distribution. You may not distribute registered copies of the SOFTWARE PRODUCT
to third parties. Evaluation versions are available by request from Stark EM, LLC.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may
not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and
only to the extent that such activity is expressly permitted by applicable law notwithstanding
this limitation.
(d) Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services. Stark EM, LLC may provide you with support services related
to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided
to you as part of the Support Services shall be considered part of the SOFTWARE
PRODUCT 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 SOFTWARE PRODUCT.
3. TERMINATION Without prejudice to any other rights, Stark EM, LLC 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 the SOFTWARE PRODUCT in your possession, including
backups and archives.
4. COPYRIGHT The SOFTWARE PRODUCT is propietary. All title, including but not limited
to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by
Stark EM, LLC or their respective copyright holders as noted where appropriate.
All title and intellectual property rights in and to the content which may be accessed
through use of the SOFTWARE PRODUCT is 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 Stark EM, LLC.
5. WARRANTIES The SOFTWARE PRODUCT is provided "AS IS" and "AS AVAILABLE" without
any warranty unless explicitly provided by Stark EM, LLC. Stark EM, LLC does not
warrant or assume responsibility for the accuracy or completeness of any information,
text, graphics, links or other items contained within the SOFTWARE PRODUCT. Stark
EM, LLC 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.
6. LIMITATION OF LIABILITY In no event shall Stark EM, LLC 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 SOFTWARE PRODUCT,
even if Stark EM, LLC has been advised of the possibility of such damages. In no
event will Stark EM, LLC be liable for loss of data or for indirect, special, incidental,
consequential (including lost profit), or other damages based in contract, tort
or otherwise. Stark EM, LLC shall have no liability with respect to the content
of the SOFTWARE PRODUCT 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.
7. CONSENT TO USE OF DATA You agree that Stark EM, LLC may collect and use technical
data and related information, including but not limited to technical information
about 'Authorized Users' devices, systems and application software, and peripherals,
that is gathered periodically to facilitate the provision of software updates and
product support. Stark EM, LLC may use this information, as long as it is in a form
that does not personally identify the 'Authorized User,' in order to improve its
products or to provide services or technologies.
8. EXPORT You may not export the SOFTWARE PRODUCT except as authorized by United
States law and the laws of the jurisdiction in which the SOFTWARE PRODUCT was obtained.
In particular, but without limitation, the Licensed Application may not be exported
or re-exported
(a) into any U.S. embargoed countries or
(b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Department of Commerce Denied Person’s List or Entity List. By using
the Licensed Application, you represent and warrant that you are not located in
any such country or on any such list. You also agree that you will not use these
products for any purposes prohibited by United States law, including, without limitation,
the development, design, manufacture or production of nuclear, missiles, or chemical
or biological weapons.
Stark EM is a registered trademark of Stark EM, LLC. All other trademarks and trade
names are the property of their respective holders.