SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS
A LEGAL AGREEMENT BETWEEN YOU AND PHIBIT. READ IT CAREFULLY BEFORE
COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT
PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY
INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE
SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND
AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE
SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A
1. Software License
This EULA allows you to:
(a) Install and use the Software on a single computer; OR install
and store the Software on a storage device, such as a network
server, used only to run or install the Software on your other
computers over an internal network, provided you have a license for
each separate computer on which the Software is installed or run
from the storage device. No other network use is permitted,
including but not limited to, using the Software either directly or
through commands, data or instructions from or to a computer not
part of your internal network, for internet or web hosting services
or by any user not licensed to use this copy of the Software
through a valid license from Phibit; A license for the Software may
not be shared or used concurrently on different computers.
(b) Make one copy of the Software in machine-readable form solely
for backup purposes. You must reproduce on any such copy all
copyright notices and any other proprietary legends on the original
copy of the Software.
2. License Restrictions
(a) Other than as set forth in Section 1, you may not make or
distribute copies of the Software, or electronically transfer the
Software from one computer to another or over a network.
(b) You may not decompile, reverse engineer, disassemble, or
otherwise reduce the Software to a human-perceivable form.
(c) You may not sell, rent, lease, transfer or sublicense the
(d) You may not modify the Software or create derivative works
based upon the Software.
(e) You may not export the Software into any country prohibited by
the United States Export Administration Act and the regulations
thereunder.(f) In the event that you fail to comply with this EULA,
Phibit may terminate the license and you must destroy all copies of
The foregoing license gives you limited rights to use the Software.
Phibit retain all right, title and interest, including all
copyrights, in and to the Software and all copies thereof. All
rights not specifically granted in this EULA, including Federal and
International Copyrights, are reserved by Phibit.
If this copy of the Software is an upgrade from an earlier version
of the Software, it is provided to you on a license exchange basis.
You agree by your installation and use of this copy of the Software
to voluntarily terminate your earlier EULA and that you will not
continue to use the earlier version of the Software or transfer it
to another person or entity.
You may not, rent, lease, sublicense or authorize all or any
portion of the Software to be copied onto another users computer
except as may be expressly permitted herein. You may, however,
transfer all your rights to Use the Software to another person or
legal entity provided that:
(a) you also transfer each this Agreement, the Software and all
other software or hardware bundled or pre-installed with the
Software, including all copies, Updates and prior versions, and all
copies of font software converted into other formats, to such
person or entity;
(b) you retain no copies, including backups and copies stored on a
(c) the receiving party accepts the terms and conditions of this
Agreement and any other terms and conditions upon which you legally
purchased a license to the Software. Notwithstanding the foregoing,
you may not transfer education, pre-release, or not for resale
copies of the Software.
5. NO WARRANTY.
The Software is being delivered to you "AS IS" and Phibit makes no
warranty as to its use or performance. PHIBIT DO NOT AND CANNOT
WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR
TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED
OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, PHIBIT
MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS
OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR
OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION
NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY,
INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR
6. LIMITATION OF LIABILITY.
IN NO EVENT WILL PHIBIT OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN
PHIBIT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT
PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. PHIBIT'S
AGGREGATE LIABILITY AND UNDER OR IN CONNECTION WITH THIS AGREEMENT
SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
Nothing contained in this Agreement limits Phibit's liability to
you in the event of death or personal injury resulting from
Phibit's negligence or for the tort of deceit (fraud). Phibit is
acting on behalf of its suppliers for the purpose of disclaiming,
excluding and/or limiting obligations, warranties and liability as
provided in this Agreement, but in no other respects and for no
other purpose. For further information, please see the jurisdiction
specific information at the end of this Agreement, if any, or
contact Phibit's Customer Support Department.
7. Export Rules.
You agree that the Software will not be shipped, transferred or
exported into any country or used in any manner prohibited by the
United States Export Administration Act or any other export laws,
restrictions or regulations (collectively the "Export Laws"). In
addition, if the Software is identified as export controlled items
under the Export Laws, you represent and warrant that you are not a
citizen, or otherwise located within, an embargoed nation
(including without limitation Iran, Iraq, Syria, Sudan, Libya,
Cuba, North Korea, and Serbia) and that you are not otherwise
prohibited under the Export Laws from receiving the Software. All
rights to Use the Software are granted on condition that such
rights are forfeited if you fail to comply with the terms of this
8. General Provisions.
If any part of this Agreement is found void and unenforceable, it
will not affect the validity of the balance of the Agreement, which
shall remain valid and enforceable according to its terms. This
Agreement shall not prejudice the statutory rights of any party
dealing as a consumer. This Agreement may only be modified by a
writing signed by an authorized officer of Phibit. Updates may be
licensed to you by Phibit with additional or different terms. This
is the entire agreement between Phibit and you relating to the
Software and it supersedes any prior representations, discussions,
undertakings, communications or advertising relating to the