IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND THE PUBLISHER OF THE FACIAL ACTION CODING SYSTEM. READ IT CAREFULLY. IT PROVIDES A LICENSE TO USE THE MANUAL AND SOFTWARE AND
CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND/OR USING THE MANUAL, YOU ARE AFFIRMING YOUR ACCEPTANCE OF THE MANUAL AND 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 OR USE THE SOFTWARE AND RETURN IT FOR A REFUND.
a) "The Company" means A Human Face.
b) "Manual" means the Facial Action Coding System supplied by the Company, which may also include software programs, related multimedia, images, and other materials contained on this CD ROM.
c) "Software program" means the Score Checker executable
This EULA allows you to:
(a) Use the CD ROM in any single computer, accessible by a single person. A license for the Manual may not be shared or used concurrently on different computers. Each license for the Manual is intended for use by a single person or a succession of people one-at-a-time.
(b) Install the software program on any computer, install and store the software program on a storage device, such as a network server, or install the software on multiple computers.
(c) Make one copy of the Manual on paper, either by printing or photocopying or any other method of duplication for each license to print that you obtain. One and only one license to print is granted when purchasing a single CD ROM.
3. License Restrictions
(a) You may not make or distribute copies of the Manual, or copy any video or image from the CD ROM, or electronically transfer the Manual from one computer to another or over a network, or share the Manual or any of its materials on a computer network.
(b) You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) You may not rent, lease, or sublicense the CD ROM, software, or its materials.
(d) You may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Manual (including all component parts, the media and printed materials, any upgrades, this EULA, etc.), and the recipient agrees to the terms of this EULA.
(e) You may not modify the Manual or software or create derivative works based upon these materials or any component or any of the multimedia files contained on the CD ROM without expressed written consent of the authors.
(f) You may not export the Manual into any country prohibited by the United States Export Administration Act and the regulations thereunder.
(g) In the event that you fail to comply with this EULA, the Company may terminate the license and you must destroy all copies of the Manual.
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 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 unless such transfer is pursuant to Section 3.
The foregoing license gives you limited license to use the Manual. the Company and its suppliers retain all right, title, and interest, including all copyrights, in and to the Manual and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved.
6. LIMITED WARRANTY AND DISCLAIMER
(a) LIMITED WARRANTY. the Company warrants that, for a period of sixty (90) days from the date of purchase: (i) when used with the software and hardware recommended, the Software program will perform to a substantial degree the functions described for it in the Manual and documentation; and (ii) the physical media on which the Manual is furnished will be free from defects in materials and workmanship under normal use; and (iii) the Manual can be read, printed, or viewed as described in the documentation.
(b) NO OTHER WARRANTY. EXCEPT AS SET FORTH IN THE PREVIOUS LIMITED WARRANTY, the Company DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, OR OTHERWISE INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NONINFRINGEMENT, TITLE, OR QUIET ENJOYMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY the Company, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
(c) (USA ONLY) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
7. Exclusive Remedy
Your exclusive remedy under Section 6 is to return the Manual to the Company, with a copy of your receipt and a description of the problem. the Company will use reasonable efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Manual, at its option. the Company shall have no responsibility if the Manual has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware or software configuration.
8. LIMITATION OF LIABILITY
(a) NEITHER the Company NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS, INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THIS EULA BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF the Company OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) the Company'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $100 US DOLLARS OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(c) (USA ONLY) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
9. Basis of Bargain
The Limited Warranty, Exclusive Remedies, and Limited Liability set forth above are fundamental elements of the basis of the agreement between the Company and you. the Company would not be able to provide the Software on an economic basis without such limitations.
10. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this EULA and as provided in other relevant U.S. Government regulations, as applicable.
Manufacturer: A Human Face., 455 E 11th St, Douglas AZ 85607.
11. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
12. General Provisions
This EULA shall be governed by the internal laws of the State of Utah, without giving effect to principles of conflict of laws. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this EULA shall be directed to:
A Human Face, 455 E 11th St, Douglas AZ 85607