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END USER LICENSE AGREEMENT


Please read this End-User License Agreement carefully before signing up as a new user on our site or downloading and/or installing or using T1 Editor/Presenter. By signing up as a new user on our site or downloading or installing or using the T1 Editor/Presenter, you agree to this End User License Agreement.

1. Interpretation and Definitions

1a. Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1b. Definitions

For the purposes of this End-User License Agreement:

2. Acknowledgement

By downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, DO NOT download or DO NOT use the Application.
This Agreement is a legal binding between You and the Company and it governs Your use of the Application made available to You by the Company.

3. Grant of License

Subject to the terms of this Agreement and Your payment of the license fee, the Company hereby grants You a limited, revocable, non-exclusive, non-transferable license to download, install and use the Application strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that You own or control. The license is also granted for use in a single Device at a time only. If You need to use it in multiple Devices, You are required to download the Application for each Device and use them under separate licenses. Sharing the Application with others or other Devices is in violation with this Agreement. You may not make the Application available over a network or in any way provide the Application to multiple users.
The license that is granted to You by the Company is solely for Your use only, strictly in accordance with the terms of this Agreement and shall not be used for any other purposes.

4. License Restrictions

You agree NOT TO, and You will NOT PERMIT others to:

5. Intellectual Property Ownership

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property are, and shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company shall be responsible for the investigation, defense, settlement and discharge of any claim that the Application or Your use of it infringes any third party intellectual property rights.

6. Confidentiality

You agree and acknowledge that all the information received from the Company, with respect to this Application, irrespective of whether You download and/or use the Application, is confidential and that You will not disclose that Confidential information to any other third party without the Company’s written consent. These confidentiality obligations required from You shall remain in full force and effect notwithstanding expiry or termination of this Agreement.
You also agree and acknowledge that any breach of this confidentiality obligation required by You makes the Company entitled to seek all remedies available at law, in addition to seeking performance and injunctive relief.

7. Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

8. Updates to the Application

The Company may, from time to time, provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

9. Support

The Company is not obligated by this Agreement to provide any technical support for the download and use of the Application. You may request additional technical assistance for installation and troubleshootIng. However, it is under the Company’s discretion to respond to Your request.

10. Term and Termination

This Agreement comes into effect as soon as You download the Application and shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all related data and information from Your Device.
Upon termination of this Agreement, You shall cease all use of the Application and delete the Application and all related data and information from Your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under the present Agreement.

11. Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of Your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

12. No Warranties

The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

13. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You to the Company for the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

14. Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

15. Product Claims

The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to Your use of the Application, the Company is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.

16. Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

17. End User Generated Content

You agree that the Company provides only the Application and You are solely responsible for any content that is generated using the Application and the Company is not responsible, in any way, for the content created by You using the Application. You agree and acknowledge that it is Your responsibility to use the Application and create content in a manner consistent with exercise of good judgment.
You agree NOT TO use the Application to create content that is

18. End User Publicity Rights

By downloading and using this Application, You grant the Company the permission to include You in software promotional and informational material as a customer.
You can choose to be excluded from this promotional material anytime by writing to janakiraman@x4plore.com. Upon receipt of such request, the Company will remove You from such promotional material within 30 days and make no further reference to You.