PokatReader 1.3

EULA - End User License Agreement

License

IOMM LIMITED
END-USER LICENSE AGREEMENT FOR IOMM LIMITED SOFTWARE
IMPORTANT-READ CAREFULLY: This END-USER License Agreement (“EULA”) is al legal agreement between you (either an individual or a single entity) and IOMM Limited (“IOMM”) for the IOMM Software, distributed under the trademark POKAT, accompanying this EULA, which includes computer software and may include associated media, printed materials and “online” or electronic documentation (“SOFTWARE PRODUCT” OR “SOFTWARE”). By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, discontinue installation, copy, or use of the SOFTWARE PRODUCT, destroy all copies and all component parts of the SOFTWARE PRODUCT, and promptly contact IOMM for instructions on return of the SOFTWARE PRODUCT for a refund

SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other applicable intellectual property laws and treaties. This is a License and not a “Sale” of the SOFTWARE PRODUCT. IOMM grants you a non-exclusive right to use this copy of the SOFTWARE PRODUCT.

APLLICABILITY
This EULA shall apply to only SOFTWARE POKAT READER, and shall not be effective to convey rights in any other software.

GRANT OF LICENSE
Except as otherwise expressly in this EULA, you may only install and use one copy of the SOFTWARE PRODUCT on one computer system.
You may make a single back-up copy of the computer software portion of the SOFTWARE PRODUCT only for archival purposes.

LIMITATION OF LICENSE
You may not:
Install or use the SOFTWARE PRODUCT in more than one computer system.
Use the SOFTWARE PRODUCT on many computers by sharing all of a part of the SOFTWARE PRODUCT.
Decompose the SOFTWARE PRODUCT and use it in the different computers or embody it into other software systems.
Delete the copyright notices on any copy of the SOFTWARE PRODUCT.
Disclose, transfer, provide, rent or otherwise make available in any form, SOFTWARE, or any portion thereof, to a third party without the prior consents of IOMM.
Reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

PROGRAM REMAINS IOMM’S PROPERTY
All rights not specifically granted under this EULA are reserved by IOMM. All title and intellectual property rights in the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, including all rights in patents, copyrights, trademarks, and trade secrets applicable thereto, shall remain vested in IOMM or its licensor.

TERMINATION
Without prejudice to any other rights, IOMM or its licensor may terminate your right to use the SOFTWARE PRODUCT under this EULA if you fail to comply with the terms and conditions of this EULA. Upon termination, you shall immediately stop using the SOFTWARE PRODUCT, remove all copies of the SOFTWARE PRODUCT and any related information from any electronic equipment under you control, and return to IOMM the original disc media, the accompanying printed materials, and any material you have copied thereof within one month.

TERMINATION CERTIFICATE
Within one month after the termination of this Agreement, you shall furnish to IOMM a certificate certifying that through your best efforts, and to the best of your knowledge, the original and all copies, in whole or in part, in any form of SOFTWARE PRODUCT have been destroyed.

MAINTENANCE
IOMM shall not be responsible for maintenance or field service of SOFTWARE under this EULA.

LIMITED WARRANTY
SOFTWARE is provided on an “AS IS” basis and without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you. IOMM does not warrant that the functions contained in the SOFTWARE will not be interrupted or error free. IOMM does not represent warrant that SOFTWARE furnished hereunder is free of infringement of any party patent, copyrights, or trade secrets.

LIMITATION OF LIABILITY
IOMM’S TOTAL LIABILITY HEREUNDER FOR DAMAGES OF ANY NATURE SHALL NOT EXCEED THE TOTAL PAYMENT MADE BY YOU FOR THE SOFTWARE. IOMM SHALL NOT BE LIABLE FOR ANY SOFTWARE FAILURE RESULTING FROM ACCIDENT, MISAPPLICATION, OR MODIFICATION WITHOUT PERMISSION. IN NO EVENT SHALL IOMM BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES WATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE PRODUCT, EVEN IF IOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DESCRIPTIONS OF OTHER RIGHTS AND LIMITATIONS
Language Version Selection. You may be provided with a selection of language version for the SOFTWARE PRODUCT licensed under this EULA. If the SOFTWARE PRODUCT is included in more than one language version, you are licensed to use only one of the language versions provided. As part of the setup process for the selection, the language version(s) not selected by you will be automatically and permanently deleted from the hard disk of the computer system. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. You are not allowed to disclose the performance and test results of the SOFTWARE PRODUCT to any third party without written approval of IOMM.

UPGRADE
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by IOMM as being eligible for the upgrade in order to use SOFTWARE PRODUCT (“Eligible Product”). You may use the resulting upgrade only in accordance with the terms of this EULA.

NOTICE
All notices in connection with this EULA shall be in writing and shall be given by certified mail, return receipt requested, at the following address:
Suite 320, 3rd Floor, Barkly Wharf. Le Caudan Waterfront, Port Louis, Mauritius.

GOVERVERNING LAW AND JURISDICTION

This EULA is governed by the laws of the Republic of Mauritius and to the exclusive jurisdiction of the Courts of the Republic of Mauritius. Any dispute and/or claim of any nature whatsoever arising out of this EULA and/or the use of the SOFTWARE PRODUCT is subject to the laws of the Republic of Mauritius and to the exclusive jurisdiction of the Courts of the Republic of Mauritius.

ENTIRE AGREEMENT
This EULA sets forth the entire understanding between the parties with respect to the subject matter herein, and merges and supersedes all prior written herein, and understandings, express or implied, concerning such matters and, notwithstanding any provisions to the contrary, shall take precedence over any conflicting terms which may be contained in your purchase order acknowledgement form. This EULA states the entire obligations of IOMM in connection with the SOFTWARE PRODUCT.