By using this software program (the "Software") you agree to be bound by all the terms and conditions of this license agreement. This license is effective until terminated. If you do not accept or agree to these terms you may terminate the license at any time by removing the Software from the memory of the computer on which the Software has been installed. This license will be terminated immediately and without notice in the event that you fail to comply with any term or condition hereof.
Aveo Inc. ("Aveo") grants you ("Licensee") a non-exclusive license to use the Software with a single computer at a single location. This license is not a sale of the Software or any copy thereof. Aveo retains title and ownership of the Software and all copies, regardless of the form or media on or in which the original or any copy may exist. Aveo retains all rights to the Software and accompanying documentation (the "Documentation") not specifically granted to Licensee. The Software and the Documentation are copyrighted. Licensee may not copy, or encourage or allow copying of, the Software or Documentation.
By accepting this Agreement, you understand and accept that the Software is designed to automatically download updates to the Software when you are connected to the Internet, and will establish the legitimate source of the Software with the Attune Server. This automatic updating will occur in the background while you are connected. It can be disabled at your discretion, although the default configuration is to allow updates. If you want to disable this feature, follow the instructions in the online help documentation under the topic "Turning Attune off and on".
You may not modify, reverse-engineer, decompile, create other works from, or disassemble the software. Similarly, you may not copy, modify, adapt or create other works based upon the Documentation. You may not transfer, convey, rent, sublicense or otherwise distribute the Software or Documentation, or any rights therein to any person or entity. Any attempt to distribute the Software or Documentation shall be void.
THIS SOFTWARE IS LICENSED "AS IS". AVEO MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE. AVEO DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE, AND ITS INTERACTION WITH OTHER EQUIPMENT OR SOFTWARE OWNED OR USED BY YOU, IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME STATES. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL AVEO, AND ITS DIRECTORS, OFFICERS OR AGENTS (COLLECTIVELY AVEO) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR THE INABILITY TO USE THE SOFTWARE EVEN IF AVEO INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Aveo's liability to you for actual damages from any cause whatsoever, and regardless of the form of action (whether in contract, tort (including negligence), product liability or otherwise), will be limited to $50.
