Agreement: This End-User License Agreement ("EULA" or "Agreement") is a legal agreement between you, either individual or entity, ("Customer" or "you"), and Essential Fax Software, LLC. ("Licensor"). By installing, copying, or otherwise using any part of the computer program Essentialfax (the “Software”) or any associated media, any printed materials, or any on-line or electronic documentation, you agree to be bound by the terms of this EULA. If someone else uses a copy of this Software installed by you, he or she may do so only subject to all conditions, obligations and limits described in this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software.
Testing: You may use the Software for 30 days for the purposes of testing. To continue using the Software beyond the 30 day trial period you must purchase a license.
Purchase: You may install and use one copy of the Software on a single computer for each license you have purchased. By purchasing the Software license you acknowledge that you have tested the Software to your satisfaction with the computer and conditions under which it will be used. The Software is licensed as-is, with no guarantee of future repairs, revisions, updates, upgrades or support. Your license is not transferable to any other company, entity, or individual. If you are unable, for any reason, to to use the license key after purchase, your entire remedy is a refund of the purchase price.
License grant: Upon purchase, Licensor hereby grants to you, and you accept, a limited, nonexclusive license to use the Software, only as authorized in this Agreement. For purposes of this Agreement, the “Software” includes any updates, enhancements, modifications, revisions, or additions to the Software made by Licensor and made available to end-users through Licensor’s web site. Licensor shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the Software.
Support Services: Licensor may provide you with support services related to the Software ("Support Services"), at its sole discretion. This EULA does not obligate Licensor to provide any support services or to support any software provided as part of those services.
Termination: Without prejudice to any other rights, Licensor may terminate this license if you fail to comply with the terms and conditions of this license.
Ownership: The Software is owned and copyrighted by Essential Fax Software. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software.
Not fault-tolerant: The Software is not fault-tolerant, and is not designed or intended for use in environments requiring fail-safe performance.
Unauthorized Use: You may not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the Software except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license.
Severability: If any clause or provision of this Agreement is found to be illegal, invalid or unenforceable under any present or future law, the remainder of this Agreement will not be affected thereby.
No Waiver: No waiver of any right under this EULA will be deemed effective unless contained in writing signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA.
Amendment: Licensor reserves the right, in its sole discretion, to amend this Agreement from time to time. If there is a conflict between this Agreement and the most current version of this Agreement, posted at Licensor’s website, the most current version will prevail.
Backups: It is your responsibility make back-up copies of the Software and related computer data. You should create backups of the installation file and the license key, in case you need to reinstall the Software. Licensor does not guarantee the future availability of copies of the Software for download, or of license key re-issue.
Governing Law: This agreement shall be governed by the laws of the State of Oklahoma.
Disclaimer of Warranty:
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE PURCHASER. ESSENTIAL FAX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE OR ITS FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED. NO LIABILITY FOR CONSEQUENTIAL DAMAGES - IN NO EVENT SHALL ESSENTIAL FAX SOFTWARE OR ITS VENDORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE. PURCHASER'S SOLE RECOURSE, TO BE EXERCISED, IF AT ALL, WITHIN THIRTY (30) DAYS OF PURCHASE, IS FOR A REFUND OF THE PURCHASE PRICE PAID TO ESSENTIAL FAX SOFTWARE.
SELLER MAKES NO WARRANTY OF ANY KIND WHATEVER, EXPRESS OR IMPLIED; AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS AGREEMENT; FURTHER, SELLER SHALL NOT BE LIABLE FOR ACTUAL OR CONSEQUENTIAL DAMAGES SUFFERED AS A RESULT OF THE USE OF THIS PRODUCT BEYOND A REFUND OF THE PURCHASE PRICE.
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