This BrawerSoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "User") and BrawerSoft for the ("eManga") and ("eManga Publisher") programs that accompany this EULA, and what is subsequently provided to the User pursuant to further order, including any associated media, printed materials and electronic documentation (collectively, the "Product"). By installing, copying, downloading, accessing or otherwise using the Product, User agrees to be bound by the terms of this EULA. If User does not accept and agree to the terms and conditions of this EULA, BrawerSoft is unwilling to license the Product contained herein to User. In that case do not install access or use the Product; instead delete the Product from your computer or network in whatever form(s) it exists.
Ownership and grant of license
The Product is licensed, not sold. The Product is the sole property of BrawerSoft and is protected by all applicable intellectual property and contract laws, including but not limited to laws relating to patent, copyright and trademark laws, and by applicable international treaties and trade provisions. Any breach of BrawerSoftÆs rights as the sole owner of the Product and all intellectual property rights contained therein and in the Product may subject the offender to civil and criminal penalties, including fine and/or imprisonment.
This EULA grants User the non-exclusive right to: install and use the product upon a single computer. In no event, however, shall User be permitted to (a) use the product on a networked basis or (b) redistribute the product whether for commercial gain or for no gain. Any use in violation of the license shall constitute not only breach of this EULA, but a violation of national and international copyright laws. In the event that any provision of this EULA is breached by User the license granted by this EULA shall automatically terminate without further action by BrawerSoft, and whether or not User abides by such termination.
Product transfer
User may permanently transfer the entire Product to any third party only upon obtaining written consent from BrawerSoft, providing that the original User destroys all remaining copies of the Product, and any portions thereof, and that the third party accepts the terms of this EULA in its entirety.
Prohibitions
User may not distribute the product.
User may not modify, translate, or make derivative works of the Product.
User may not sub-license, rent, lease or provide service bureau services such as leases or rentals with any portion of the Product.
To the maximum extent permitted under law, if during the warranty period set forth below, a defect is discovered by User, UserÆs exclusive remedy hereunder shall be, at the sole option of BrawerSoft, the repair or replacement of the Product. In order to obtain such remedy, User must return the Product in its entirety to BrawerSoft, for a replacement copy.
WARRANTIES AND WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY
THE PRODUCT IS PROVIDED ENTIRELY ôAS ISö. BRAWERSOFT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED OR EXPRESS WARRANTIES OF TITLE.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL BRAWERSOFT BE LIABLE TO USER FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, INTERRUPTION TO BUSINESS, LOSS OF INFORMATION OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SUPPLY TO OR USERÆS USE OF OR INABILITY TO USE THE PRODUCT, WHETHER BRAWERSOFT HAS BEEN INFORMED OF THE POSSIBILITY OF THE SAME OR NOT, AND WHETHER STYLED AS A CLAIM IN CONTRACT, TORT OR OTHER LEGAL THEORY.
USER ACKNOWLEDGES THAT NO PROMISE, REPRESENTATION, WARRANTY OR UNDERTAKING HAS BEEN MADE BY BRAWERSOFT TO ANY PERSON OR COMPANY ON USERÆS BEHALF AS TO THE PROFITABILITY OR ANY OTHER CONSEQUENCES OR BENEFITS TO BE OBTAINED FROM DELIVERY TO USER OF THE PRODUCT. USER HAS RELIED UPON ITS OWN SKILL AND JUDGMENT IN ACQUIRING THE PRODUCT. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT A COMPLETE LIMITATION OF DAMAGES AS SET FORTH HEREIN, USER AGREES THAT ITS DAMAGES SHALL BE LIMITED TO ONE DOLLAR (CAN). NOTHING HEREIN SHALL BE CONSTRUED AS ATTEMPTING TO ENFORCE RIGHTS AGAINST USER BEYOND THOSE PERMITTED BY APPLICABLE LAW.
Entire Agreement
This EULA embodies the entire agreement between BrawerSoft and User in relation to the terms on which User is licensed to use the Product; any written or oral agreement between the parties in connection with the subject matter hereof is hereby superseded and of no further force or effect. This EULA may be amended only by a writing executed by both parties.
Governing Law
This EULA is governed by the laws of Canada. BrawerSoft and User each irrevocably and unconditionally submit to the exclusive jurisdiction and venue of the federal courts of Canada, and each knowingly waives any objection that the courts therein do not have personal jurisdiction or that the courts are an improper forum, or not a convenient forum. The International Sale of Goods Convention shall not apply to this License Agreement, and is expressly excluded hereunder.
Severance
If any provision of this EULA is or at any time becomes illegal, prohibited, void or unenforceable for any reason, that provision is severed from this EULA and the remaining provisions of this EULA shall continue to be enforceable and are to be construed with such additions, deletions and modifications as are necessary to give effect to the remaining provisions of this EULA.
Termination
THIS LICENSE IS EFFECTIVE UNTIL TERMINATED. User may terminate it by destroying or returning all copies of the Product and all of its component parts. THIS LICENSE WILL TERMINATE AUTOMATICALLY WITHOUT FURTHER ACTION FROM BRAWERSOFT IF USER FAILS TO COMPLY WITH ANY TERM OR CONDITION OF THIS AGREEMENT.
