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End User License Agreement
IMPORTANT; READ THIS AGREEMENT: CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE HOME CARE MANAGER™ PROGRAM. BY CLICKING ON THE “I ACCEPT” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS ON BEHALF OF YOURSELF, OR YOUR EMPLOYER OR PRINCIPAL IF YOU ARE USING THE PROGRAM AS AN AGENT OF ANOTHER PARTY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, RETURN THE PROGRAM TO BUILDSERV, INC. AND YOUR PURCHASE PRICE, IF ANY, WILL BE REFUNDED.
LICENSE GRANT. BuildServ Inc., an Oregon corporation (“Licensor”) grants You a limited, non-exclusive, non-transferable, revocable right and license to use the Home Care Manager program (the “Program”), subject to the terms of this End-User License Agreement (the “EULA”). All copyright, trademark and other proprietary rights in the Program are owned by Licensor and the Program is licensed to You for your personal, non-commercial use only. This license is revocable by Licensor at any time. All rights not expressly granted to You herein are reserved by Licensor.
RESTRICTIONS ON USE. You may not copy the Program, except that you may make one backup copy for your own personal use, and you may not transmit or distribute copies of the Program. You also may not reverse engineer, decompile, disassemble, modify or create derivative works based upon the Program. The Program is licensed as a single product and may not be separated into components.
LINKS TO WEBSITES. The Program may provide hyperlinks to websites with additional resources, as a convenience to You. Your use of such links is at your sole risk. No such links constitute Licensor’s endorsement of any third party, its website, or its goods or services, and Licensor expressly disclaims all liability relating to your use of third party websites through links provided in the Program.
DISCLAIMER OF WARRANTIES. THE PROGRAM IS PROVIDED TO YOU ON AN "AS IS" BASIS. LICENSOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PROGRAM, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT THAT THE PROGRAM OR THE INFORMATION CONTAINED THEREIN WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
LIMITATION OF LIABILITY. LICENSOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATING TO YOUR USE OF OR RELIANCE ON THE PROGRAM OR ITS CONTENTS, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
DISPUTE RESOLUTION. This EULA is governed by the laws of the State of Washington, without regard to its conflicts of law provisions. Any disputes relating to this EULA or the Program shall be resolved by binding arbitration with the American Arbitration Association, or a comparable national arbitration body, located in King County, Washington. The substantially prevailing party in any arbitration to enforce this Agreement shall be awarded its reasonable attorneys’ fees and costs. In the event that a breach or threatened breach of this EULA would result in irreparable harm to any Licensor, immediate injunctive relief may be sought in the state or federal courts situated in King County, Washington. The parties agree to submit to such jurisdiction and venue and waive all defenses thereto.
MISCELLANEOUS. If any provision of this EULA is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of this agreement shall remain in full force and effect. This EULA is the entire agreement between You and Licensor relating to the Program. If You violate any provision of this EULA, the EULA may be terminated by Licensor without prior notice to You.
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