End User License Agreement for Arylia Gallery Builder Software and Services
Thank you for selecting Arylia Gallery Builder software (the "Software") to build your galleries. This end user license agreement (the "EULA") is a contract between you and MoltenSoft (Arylia brand) that describes the terms and conditions applicable to your use of the Software and associated services identified below. Before using the Software, you must read and accept the terms and conditions contained in this EULA. If you do not accept this EULA you are not authorized to use the Software. The term "Software" also includes related components and any updates or maintenance releases of the Software that MoltenSoft may provide to you or make available after the date you obtain your initial copy of the Software, unless accompanied by separate terms.
- License Grant. MoltenSoft grants a personal, limited, non-exclusive, non-transferable license to install and use the Software to the person (an individual or single entity) who purchases an authorized license to use the Software subject to your compliance with this EULA. In connection with the foregoing license grant, you may:
(a) install and use a copy of the Software on any number of domains;
(b) make one backup copy of the Software for personal use as permitted under this license grant. Except as expressly stated in this agreement, you are not licensed or permitted to do any of the following:
You agree to use the Software only on domains that you own.(i) make any copies of the Software, or allow any other person to use the Software;
Any person who received the Software through any of the forgoing prohibited methods, or through any method other than purchasing a license for this Software from MoltenSoft or a MoltenSoft authorized reseller, is not authorized to use such Software.
(ii) rent, loan, resell or distribute the Software to any other person;
(iii) make the Software available on any file-sharing service;
(iv) electronically send the Software to any other person;
(v) copy the user documentation accompanying the Software other than as necessary to support uses permitted above;
You agree to use the software in all manners fitting the terms and rules of your individual sponsors. Specifically meaning that you will only use Arylia to acquire images from a sponsor if that sponsor has granted permission for you to do so and only with intent to promote that sponsor with the acquired images. The use of Arylia to knowingly violate the terms of affiliate agreements is prohibited and will result in the revocation of your license. - Reservation of Rights and Ownership. MoltenSoft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright, trade secret and other intellectual property laws. MoltenSoft owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of MoltenSoft or the Arylia brand. You shall not decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law notwithstanding this prohibition.
- Limitation of Liability and Damages. YOU AGREE NOT TO HOLD MOLTENSOFT LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR PARTICIPATION IN THIRD PARTY SERVICES AND FOR YOUR FAILURE TO UPDATE THE SOFTWARE. ADDITIONALLY, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF MOLTENSOFT AND ITS REPRESENTATIVES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES, AS APPLICABLE, TO MOLTENSOFT OR ITS AUTHORIZED RESELLER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOLTENSOFT AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF MOLTENSOFT 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. IN NO EVENT DOES MOLTENSOFT ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOLTENSOFT AND YOU. MOLTENSOFT WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.
- Miscellaneous. This EULA is a complete statement of the agreement between you and MoltenSoft, and sets forth the entire liability of MoltenSoft and its Representatives and your exclusive remedy with respect to the Software and Services and their use. The agents, employees, distributors, and dealers of MoltenSoft are not authorized to make modifications to this EULA, or to make any additional representations, commitments, or warranties binding on MoltenSoft. Any waiver of the terms herein by MoltenSoft must be in a writing signed by an authorized officer of MoltenSoft and expressly referencing the applicable provisions of this EULA. If any provision of this EULA is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This EULA will be governed by Florida law as applied to agreements entered into and to be performed entirely within Florida, without regard to its choice of law or conflicts of law principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Brevard County, Florida. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. This EULA does not limit any rights that MoltenSoft may have under trade secret, copyright, patent or other laws.
- This EULA may be terminated by MoltenSoft immediately and without notice if you fail to comply with any term or condition of this EULA. Upon such termination, you must immediately cease using the Software, and delete or destroy all complete and partial copies of the Software, including all backup copies. MoltenSoft shall have the right to change or add to the terms of its EULAs at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Software or Services (including but not limited to internet based services, pricing, technical support options, and other product-related policies) upon notice by any means MoltenSoft determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in the Software or on any MoltenSoft sponsored web site, including but not limited to the web site listed above.
- Export Restrictions. You acknowledge and agree that the Software is subject to restrictions and controls imposed by the Export Administration Act of 1979, as amended, and the Export Administration Regulations there under ("the Acts"). You agree and certify that neither the Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts. You further agree and certify that neither the Software nor any direct product thereof will be exported to: (1) the following countries which are currently subject to U.S. trade embargoes: Cuba, Iran, Libya, North Korea, Sudan and Syria; or (2) persons or entities on the U.S. "Denied Persons List," "Specially Designated Nationals List," and "Entities List."
- U.S. Government Restricted Rights. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein. MoltenSoft Inc., PO Box 560717, Rockledge, Fl 32956.