This License Agreement is a legal agreement between you, the end user and PT Arca International.
Eversheet software that accompanies this license, including the images, and as well as any upgrades or enhancements to such software (collectively, the 'Software') are the property of PT ARCA INTERNATIONAL. Although PT ARCA INTERNATIONAL at all times owns the Software, you will have certain limited rights to use the Software after your acceptance of all of the terms and conditions of this EULA, which use shall be subject at all times to your compliance with this EULA. Except as may be modified by an addendum which may accompany or be added to this EULA, your rights and obligations with respect to the use of this Software are as follows: Provided that you are not in breach of this EULA and that such use is solely for your Personal, non-commercial use, you may install and use Eversheet Software and documentation on any number of computers;
You shall not: (i) rent, lease, copy, distribute, sub-distribute, license, or otherwise transfer the Software or its documentation to any other party, except as may be expressly permitted under this EULA; (ii) decompile or reverse engineer, disassemble, translate, integrate, customize, make any attempt to discover the source code of the Software or otherwise reduce the Software to a human perceivable form, or modify or create derivative works based upon the Software or the documentation in whole or in part, nor permit any other party to do so; (iii) make copies of the copyrighted Software documentation without the prior written permission of PT ARCA INTERNATIONAL provided that for electronic transactions, Licensee may make one (1) hard copy of such documentation for each User; (iv) contest, or assist others in contesting, the validity, enforceability, ownership or title of any Software; and (v) remove or attempt to remove any copyright notices or any other proprietary legends contained on or within the Software; (vi) use the Software in any libelous, defamatory, fraudulent, lewd, obscene, or (vii) pornographic material or in any material that infringes upon any third party intellectual property rights, or in any illegal manner; and (vii) use Eversheet's name, logo, or other trademarks, unless such use is expressly authorized by PT ARCA INTERNATIONAL in writing.
You agree that the Software contains copyrighted material, trade secrets and other proprietary material of PT ARCA INTERNATIONAL and its licensors and is protected internationally by copyright and other intellectual property law. All rights not otherwise granted herein are hereby reserved by PT ARCA INTERNATIONAL. You further agree that any and all information obtained during lawful reverse engineering and/or decompiling activities, including but not limited to, the organization, logic, algorithms and processes of the Software (the 'Work Product'), shall be deemed to be the confidential and proprietary information of PT ARCA INTERNATIONAL. Without further remuneration (except for your out-of-pocket expenses) and whether or not this Agreement is in effect, you shall, at PT ARCA INTERNATIONAL's request, execute and deliver to PT ARCA INTERNATIONAL any documents and give all reasonable assistance which may be essential or desirable to secure to, assign, and vest in PT ARCA INTERNATIONAL the sole and exclusive right, title, and interest in and to all such Work Product.
To use an upgrade, you must first be licensed for the Software identified by PT ARCA INTERNATIONAL as eligible for the upgrade. PT ARCA INTERNATIONAL may change or amend this EULA from time to time by posting such changes or amendment (the 'Amendment') on its website, (www.eversheet.com), or by sending an email communication of such changes to you. In such cases, your continued use of the Software shall indicate your assent and acceptance of any such Amendment(s). If you do not agree with (or cannot comply with) the Amendment(s), PT ARCA INTERNATIONAL is unwilling to continue to license the Software to you in which case, you must cease all use of the Software, delete or destroy all copies. None of PT ARCA INTERNATIONAL’s dealers, agents or employees are authorized to make any amendment to this EULA.
As a Eversheet user, you are eligible to use followings ways of support as directed at https://www.eversheet.com : (i) Report a bug (ii) Request Feature (iii) Provide Suggestions (iv) By writing to [email protected].
Although PT ARCA INTERNATIONAL is committed to provide the support to users, PT ARCA INTERNATIONAL keeps every right to take its own decision on : a) to respond or not respond to the requestor; b) to implement or not implement the requested feature; c) to implement or not implement the suggestions; d)to fix or not fix the reported bugs.
You will comply with all trade regulations and laws both foreign and domestic. You acknowledge that the Software licensed under this EULA is subject to the export control laws and regulations of various countries.
This EULA is effective until terminated. You may terminate this EULA at any time by destroying all copies of the Software and its documentation. With respect to Eversheet, PT ARCA INTERNATIONAL may terminate this EULA at any time for convenience, with or without notice to you. This EULA will terminate immediately without notice from PT ARCA INTERNATIONAL if you fail to comply with any provision of this EULA. Upon termination, you must destroy all copies of the Software and its documentation, provide written certification to that effect upon Eversheet 's request, and cease and desist from any further use of the Software.
PT ARCA INTERNATIONAL PROVIDES NO REMEDIES OR WARRANTIES, EXPRESS OR IMPLIED, FOR VERSHEET. THE SERVICE IS PROVIDED TO YOU ON AN 'AS IS' BASIS, WITHOUT WARRANTY OF ANY KIND. WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE ANDCOUNTRY TO COUNTRY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VUTOG, ITS RESELLERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL PT ARCA INTERNATIONAL, ITS RESELLERS OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR LOST DATA OR OTHER COMMERICAL OR ECONOMIC LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, EVEN IF PT ARCA INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILTIY OF SUCH DAMAGES. THIS LIMITAITON SHALL APPLY EVEN IN THE EVENT OF A MATERIAL BREACH. IN THE EVENT THAT THE SOFTWARE IS DEFECTIVE, PT ARCA INTERNATIONAL WILL NOT BE RESPONSIBLE FOR ANY DEFECT.
The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.
You and PT ARCA INTERNATIONAL agree that you are not agents, partners or joint ventures, or and that this EULA does not create any fiduciary duty or comparable relationship of trust between the parties.