Ionic Byte EULA

Copyright (c) 2014 Ionic Byte

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By receiving, opening the file package, and/or using our products ("Software"), you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Ionic Byte your use of the Software indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Ionic Byte grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use our products in accordance with this Agreement and any other written agreement with Ionic Byte. Ionic Byte does not transfer the title of the Software to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Ionic Byte and the purchasers or users.

If you do not agree to be bound by this agreement, remove any product from your device now.

2. DISTRIBUTION

The Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. For information about redistribution contact Ionic Byte.

3. USER AGREEMENT

3.1 Use

Your license to use the Software is limited to the number of licenses purchased by you. You shall not allow others to use or copy copies of the Software.

3.2 Use Restrictions

You shall use the Software in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Ionic Byte together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of the Software may be used on one single device by one user. Use of the Software means that you have loaded, installed, or run the Software on a computer or similar device.

The assignment, sublicense, networking, sale, or distribution of copies of the Software are strictly forbidden without the prior written consent of Ionic Byte. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of the Software. If any person other than yourself uses the Software registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile the Software. Nor can you create any derivative works or other works that are based upon or derived from the Software in whole or in part.

Software's name, logo and graphics file that represents Ionic Byte shall not be used in any way to promote products developed by Ionic Byte. Ionic Byte retains sole and exclusive ownership of all right, title and interest in and to the Software and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of the Software, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Ionic Byte.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Ionic Byte, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Ionic Byte's Software.

In no event (including, without limitation, in the event of negligence) will Ionic Byte, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Ionic Byte or the use or inability to use the Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Ionic Byte's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Ionic Byte) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Ionic Byte.

3.5 Warranties

Except as expressly stated in writing, Ionic Byte makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY IONIC BYTE AS WELL.

5. CONSENT OF USE OF DATA

You agree that Ionic Byte may collect and use information gathered in any manner as part of the product support services provided to you. Ionic Byte may also use this information to provide notices to you which may be of use or interest to you.