An explanation of the relationship between Samy's and End User:
This End-User License Agreement "EULA") is a contract between (a) you
(either an individual or the entity you represent) and (b) Samy's Camera, Inc
("Samy's Camera") that governs your use of the software product (“Software”). This EULA does not apply if there is a separate license agreement between you and Samy's Camera or its suppliers
for the Software, including a license agreement in online documentation. The term "Software" may include (i) associated media, (ii) a user guide and other printed materials, and (iii)
"online" or electronic documentation (collectively “User Documentation”).
RIGHTS IN THE SOFTWARE ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE
TO ALL TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING,
DOWNLOADING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY
THIS EULA. IF YOU DO NOT ACCEPT THIS EULA, DO NOT INSTALL, DOWNLOAD, OR
OTHERWISE USE THE SOFTWARE.
THIRD PARTY SOFTWARE. The Software may include, in addition to Samy's Camera
proprietary software (“Samy's Creative Solutions™ Software”), software under licenses
from third parties (“Third Party Software” and “Third Party License”). Any Third Party
Software is licensed to you subject to the terms and conditions of the corresponding
Third Party License. Generally, the ThirdParty License is located in a file such as
license.txt or read.me file; you should contact Samy's Camera support if you cannot find
any Third Party License. If the Third Party Licenses include licenses that provide for the
availability of source code (such as the GNU General Public License) and the
corresponding source code is not included with the Software, then check the product
support pages of Samy's Camera's website (samys.com) to learn how to obtain such source code."
LICENSE RIGHTS. You will have the following rights provided you comply with all terms
and conditions of this EULA:
Use. Samy's Camera grants you a license to use unlimited copies of the Samy's Creative Solutions™ Software. "Use" means installing, copying, storing, loading, executing, displaying, or otherwise using the Samy's Camera Software. You may not modify the Samy's Camera Software or disable any licensing or control feature of the Samy's Camera Software. If this Software is provided by Samy's Camera for Use with an imaging or printing product (for example, if the Software is a printer driver, firmware, or add-on), the Samy's Camera Software may only be used with such product (“Samy's Camera Product”). Additional restrictions on Use may appear in the User Documentation. You may not separate component parts of the Samy's Camera Software for Use.
Copying. You right to copy means you may make archival or back-up copies of the
Samy's Camera Software, provided each copy contains all the original Samy's Camera
Software's proprietary notices and is used only for back-up purposes.
a.Third Party Transfer. The initial end user of the Samy's Camera Software may make
unlimited transfers of the Samy's Camera Software to another end user. Any transfer
will include all component parts, media, User Documentation, this EULA, and if
applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer,
such as a consignment. Prior to the transfer, the end user receiving the transferred
Software will agree to this EULA.
Restrictions. You may not rent, lease or lend the Samy's Camera Software.
PROPRIETARY RIGHTS. All intellectual property rights in the Software and User
Documentation are owned by Samy's Camera or its suppliers and are protected by law,
including applicable copyright, trade secret, patent, and trademark laws. You will not
remove any product identification, copyright notice, or proprietary restriction from the Software.
LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or
disassemble the Samy's Camera Software, except and only to the extent that the right to do so is allowed under applicable law.
CONSENT TO USE OF DATA. Samy's Camera and its affiliates may collect and use
technical information you provide in relation to (i) your Use of the Software or the
Samy's Camera Product, or (ii) the provision of support services related to the Software
or the Samy's Camera Product. All such information will be subject to Samy's Camera's
Software Disclaimer. Samy's Camera will not use such information in a form that personally identifies you except to the extent necessary to enhance your Use or provide support services.
LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the
entire liability of Samy's Camera and its suppliers under this EULA and your exclusive
remedy under this EULA will be limited. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL Samy's Camera OR ITS SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL
INJURY, OR LOSS OF PRIVACY) RELATED IN ANY WAY TO THE USE OF ORINABILITY TO
USE THE SOFTWARE, EVEN IF Samy's Camera OR ANY SUPPLIER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE ABOVE REMEDY FAILS OF ITS
ESSENTIAL PURPOSE. Some states or other jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation or exclusion
may not apply to you.
RESERVATION OF RIGHTS. Samy's Camera and its suppliers reserve all rights not
expressly granted to you in this EULA.
2010 Samy's Camera Inc.
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