THIS IS A LEGAL AGREEMENT ("Agreement") BETWEEN YOU AND TUMA SOLUTIONS, LLC ("TS, LLC"). PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING AND/OR USING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST UNINSTALL AND REFRAIN FROM USING THIS SOFTWARE.
1. TS, LLC and/or its affiliates own all files included in this software (this "Software"). This Software is protected by United States copyright laws and international treaty provisions. You may use this Software only as stated in this Agreement.
2. Permitted Uses: Under this Agreement you may install multiple copies of the software for use as a component extension of the Process Dashboard software application. YOU MAY NOT: (1) use, copy, modify, merge, and/or transfer copies of this Software or any component thereof except as provided in this Agreement; (2) reverse engineer, reverse assemble or reverse compile this Software or any component thereof; (3) sublicense, rent, lease, sell, or assign this Software; (4) distribute this software for profit or fee in excess of duplication or transmission costs; or (5) incorporate this Software or any component thereof as part or all of another product without prior written permission from TS, LLC.
3. Under this Agreement, you may be given a product key to register this Software by TS, LLS or an authorized affiliate. Product keys are uniquely assigned to an individual, a team, or an organization. YOU MAY NOT disclose or transmit your product key to any other party without prior permission from TS, LLC. Unauthorized sharing of your product key constitutes a federal copyright violation. Under this Agreement, you agree to allow this software and associated software to store small amounts of information necessary to protect the software and/or product keys against unauthorized use.
4. LIMITED WARRANTY: THIS SOFTWARE IS LICENSED ON AN "AS-IS" BASIS. TS, LLC MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, WARRANTY OF FITNESS FOR PURPOSE OR MERCHANTABILITY, EXCLUSIVITY, OR RESULTS OBTAINED FROM USE OF THE MATERIAL. TS, LLC DOES NOT MAKE ANY WARRANTY OF ANY KIND WITH RESPECT TO FREEDOM FROM PATENT, TRADEMARK, OR COPYRIGHT INFRINGEMENT. TS, LLC DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions and limitations may not apply to you.
5. TS, LLC and its affiliates entire liability and your exclusive remedy under this Agreement is limited to no more than you paid for this Software. For any claim (including fundamental breach), in any form, related in any way to this Agreement, TS, LLC's liability will be for actual damages only and will be limited to the purchase price, if any, you paid for this Software.
6. TS, LLC and/or its affiliates will not be liable for any lost profits, lost savings, or any incidental or punitive damages or other economic consequential damages (including loss of information), even if TS, LLC or its affiliates have been advised of the possibility of such damages. TS, LLC will not be liable for any damages claimed by you based on any third party claim. This limitation of remedies also applies to any developer of Software supplied to TS, LLC. TS, LLC and the developer's limitation of remedies are not cumulative. Such developer is an intended beneficiary of this Section. This limitation of remedies also applies to any licensor of content supplied to TS, LLC. TS, LLC and the licensor's limitation of remedies are not cumulative. Such licensor is an intended beneficiary of this Section.
7. This Agreement is governed by the laws of the State of Utah. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
If you have further questions regarding this Software, please contact:
Tuma Solutions, LLC
legal@tuma-solutions.com