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EDSENSES CREATIVE CONSULTANCY CO., LTD
SOFTWARE END USER LICENSE AGREEMENT
This End User License Agreement (“License”) is an agreement between you and EDSENSES CREATIVE CONSULTANCY CO., LTD, its subsidiaries and affiliates ("EDS"). This License governs your use of this application and all related software, documentation, and updates and upgrades that replace or supplement the application and are not distributed with a separate license (together, the “Application”). This Application is licensed to you with a fee. You do not own the Application.
By installing or using the Application, you consent to be bound by this License. If you do not agree to all of the terms of this License, then do not install or use the Application. Sections 1.C and 2 below describe the data EDS may collect and use in the course of providing services and support to you in connection with the Application. Section 3, below, describes your Origin privacy settings and how they protect the disclosure of your information within this Application and on Origin services in the PC environment. Section 5 below describes how the Application may interact with other software and otherwise affect the operation of your machine. IF YOU INSTALL THE APPLICATION, THE TERMS AND CONDITIONS OF THIS LICENSE ARE FULLY ACCEPTED BY YOU. If you do not agree to any portion of this License, do not install or use the Application.
1. License Grant and Terms of Use.
A. Grant. EDS grants you a personal, limited, non-exclusive license to install and use the Application for your personal, noncommercial use solely as set forth in this License and any accompanying documentation. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sublicensing, renting, leasing or otherwise distributing the Application or rights to use the Application. The term of your license shall commence on the date that you start to download, install or otherwise use the Application, and shall end on the earlier of the date that you dispose of the Application; or EDS's termination of this License.
B. Copies. You may download this Application from an authorized source. The number of copies that you can download during a consecutive period of days may be limited. You may not make a copy of the Application available on a network where it could be used by multiple users at the same time. You may not make the Application available over a network where it could be downloaded by multiple users.
C. License Validation. The Application and an internet connection are required to validate the license for certain products distributed by EDS. You acknowledge and agree that the Application can automatically validate license rights for some or all EDS products without separate notice to you. This means that in order to use the Application and certain EDS products, you must leave the Application installed on your computer. You acknowledge and agree that the Application may use information regarding your computer, hardware, media, software and your use of the Application to validate your license rights and to update the Application.
D. Application Updates. You agree that the Application may automatically download and install updates, upgrades and additional features that EDS deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation EDS may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
E. Reservation of Rights and Restrictions. The Application is licensed, and not sold, to you for use only under the terms of this License. Except as expressly licensed to you herein, EDS reserves all right, title and interest in the Application and all software delivered through the Application (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. The License is limited to the intellectual property rights of EDS and its licensors in the Application and does not include any rights to other patents or intellectual property. Except, and only to the extent that may be permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Application by any means whatsoever, or alter, modify, enhance, or create a derivative work of the Application. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application or software delivered through the Application.
F. Installation and Un-installation. Un-installation of the Application can be accomplished by removing the files entitled “Origin” (“Application Files”) via the “Add/Remove Programs” page in the Control Panel. Certain empty cache folders may also remain on your machine after un-installation of the Application Files and can be deleted manually.
2. Consent to Collection and Use of Data.
You agree that EDS may collect, use, store and transmit technical and related information that identifies your computer (including the Internet Protocol Address), operating system, Application usage (including but not limited to successful installation and/or removal), software, software usage and peripheral hardware, that may be gathered periodically to facilitate the provision of software updates, dynamically served content, product support and other services to you, including online services. EDS may also use this information combined with personal information for marketing purposes and to improve our products and services. We may also share that data with our third party service providers in a form that does not personally identify you. IF YOU DO NOT WANT EDS TO COLLECT, USE, STORE, TRANSMIT OR DISPLAY THE DATA DESCRIBED IN
THIS SECTION, PLEASE DO NOT INSTALL OR USE THE APPLICATION. This and all other data provided to EDS and/or collected by EDS in connection with your installation and use of this Application is collected, used, stored and transmitted in accordance with EDS’s Privacy Policy located at www.teotunivese.com. To the extent that anything in this section conflicts with the terms of EDS’s Privacy Policy, the terms of the Privacy Policy shall control.
3. Application Communications and Conduct/Privacy Settings
Your use of online features available via the Application is governed by EDS’s Terms of Service, available at www.teotuniverse.com. By installing and using this Application you acknowledge and agree that you will abide by EDS’s Terms of Service and otherwise agree not to:
When you establish your Application profile, your privacy settings will govern how others can search for you within the service as well as who can see your profile, which will show which games you have and play (among other items that you choose to disclose). If you choose to connect with friends on the Application and you are “online,” your friends will receive notifications about your game play activity, Application usage and stats. If you do not want your friends to receive such notifications at any time, you can disable chat. In addition, you can revisit your privacy settings and/or block users at any time.
Always use caution when giving out any personally identifiable information about you or your children when using the Application. EDS does not endorse the content, messages and/or information exchanged by means of the Application and therefore you agree that EDS is not liable with respect to the Application in general and/or any action resulting therefrom.
4. Interaction with Third Party Sites and Services.
The Application may allow you to interact with third-party websites, web browsers and web services (“Links”). The Links are not under the control of EDS and EDS is not responsible for the content of any Links, including without limitation any link contained in a Link or any changes or updates to a Link. EDS is providing Links only as a convenience and the inclusion of any Link does not imply endorsement by EDS of the Link or any association with its operators. You are solely responsible for any consequences of accessing a Link as well as for viewing and abiding by the privacy statements and terms of use posted in connection with those Links. USE OF LINKS IS AT YOUR OWN RISK. EDS DOES NOT GUARANTEE THAT YOUR PREVIOUSLY-SET BROWSER SETTINGS OR PARENTAL CONTROLS WILL APPLY TO LINKS AND OTHER WEB SERVICES ACCESSED WITHIN THE APPLICATION.
5. System Interaction.
The Application requires machine resources in order to perform and may impede the functionality of other software on your machine. The Application may slow and/or otherwise affect the performance of your machine and other software installed and/or running thereon. You may experience technical issues after installation of the Application. By installing the Application, you acknowledge and agree to the foregoing risks of use. IF YOU DO NOT AGREE TO AND ACKNOWLEDGE THESE POTENTIAL ISSUES, DO NOT INSTALL THE APPLICATION.
6. Termination.
This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from EDS if (i) you fail to comply with any of the terms and conditions of this License; or (ii) EDS ceases to support the Application. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. EDS’s termination will not limit any of EDS’s other rights or remedies at law or in equity. Sections 2-13 of this License shall survive termination or expiration of this License for any reason.
7. Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EDS AND EDS’ LICENSORS (COLLECTIVELY EDS FOR PURPOSES OF THIS SECTION AND SECTION 6) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY , SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EDS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE INTEROPERATE OR THAT THE APPLICATION WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EDS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL EDS, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT EDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall EDS’s total liability to you for all damages (except as may be required under applicable law) exceed the amount actually paid by you for the Application.
9. Limitation of Liability is a Material Term of this License.
You agree that the provisions in this License that limit liability are essential terms of this License. The foregoing limitations of liability apply even if any remedies described in this License fail in their essential purpose.
10. Severability and Survival.
If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions shall continue in full force and effect.
11. U.S. Government Restricted Rights.
If you are a government end user, then this provision applies to you. The software provided in connection with this License has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), “commercial items,” “commercial computer software” and/or “commercial computer software documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this License and shall be prohibited except to the extent expressly permitted by this License.
12. Injunctive Relief.
You agree that a breach of this License may cause irreparable injury to EDS for which monetary damages would not be an adequate remedy and EDS shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law.
13. Governing Law.
If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this License and your use of the Application; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the Courts of England, and you expressly consent to the exercise of personal jurisdiction of such courts. If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this License and/or your use of the Application; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the federal or state courts that govern San Mateo County, California, and you expressly consent to the exercise of personal jurisdiction of such courts. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License.
14. Export.
You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom EDS is prohibited from transacting business under applicable law.
15. Entire Agreement.
This License constitutes the entire agreement between you and EDS with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by EDS. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.
SOFTWARE END USER LICENSE AGREEMENT
This End User License Agreement (“License”) is an agreement between you and EDSENSES CREATIVE CONSULTANCY CO., LTD, its subsidiaries and affiliates ("EDS"). This License governs your use of this application and all related software, documentation, and updates and upgrades that replace or supplement the application and are not distributed with a separate license (together, the “Application”). This Application is licensed to you with a fee. You do not own the Application.
By installing or using the Application, you consent to be bound by this License. If you do not agree to all of the terms of this License, then do not install or use the Application. Sections 1.C and 2 below describe the data EDS may collect and use in the course of providing services and support to you in connection with the Application. Section 3, below, describes your Origin privacy settings and how they protect the disclosure of your information within this Application and on Origin services in the PC environment. Section 5 below describes how the Application may interact with other software and otherwise affect the operation of your machine. IF YOU INSTALL THE APPLICATION, THE TERMS AND CONDITIONS OF THIS LICENSE ARE FULLY ACCEPTED BY YOU. If you do not agree to any portion of this License, do not install or use the Application.
1. License Grant and Terms of Use.
A. Grant. EDS grants you a personal, limited, non-exclusive license to install and use the Application for your personal, noncommercial use solely as set forth in this License and any accompanying documentation. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sublicensing, renting, leasing or otherwise distributing the Application or rights to use the Application. The term of your license shall commence on the date that you start to download, install or otherwise use the Application, and shall end on the earlier of the date that you dispose of the Application; or EDS's termination of this License.
B. Copies. You may download this Application from an authorized source. The number of copies that you can download during a consecutive period of days may be limited. You may not make a copy of the Application available on a network where it could be used by multiple users at the same time. You may not make the Application available over a network where it could be downloaded by multiple users.
C. License Validation. The Application and an internet connection are required to validate the license for certain products distributed by EDS. You acknowledge and agree that the Application can automatically validate license rights for some or all EDS products without separate notice to you. This means that in order to use the Application and certain EDS products, you must leave the Application installed on your computer. You acknowledge and agree that the Application may use information regarding your computer, hardware, media, software and your use of the Application to validate your license rights and to update the Application.
D. Application Updates. You agree that the Application may automatically download and install updates, upgrades and additional features that EDS deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation EDS may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
E. Reservation of Rights and Restrictions. The Application is licensed, and not sold, to you for use only under the terms of this License. Except as expressly licensed to you herein, EDS reserves all right, title and interest in the Application and all software delivered through the Application (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. The License is limited to the intellectual property rights of EDS and its licensors in the Application and does not include any rights to other patents or intellectual property. Except, and only to the extent that may be permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Application by any means whatsoever, or alter, modify, enhance, or create a derivative work of the Application. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application or software delivered through the Application.
F. Installation and Un-installation. Un-installation of the Application can be accomplished by removing the files entitled “Origin” (“Application Files”) via the “Add/Remove Programs” page in the Control Panel. Certain empty cache folders may also remain on your machine after un-installation of the Application Files and can be deleted manually.
2. Consent to Collection and Use of Data.
You agree that EDS may collect, use, store and transmit technical and related information that identifies your computer (including the Internet Protocol Address), operating system, Application usage (including but not limited to successful installation and/or removal), software, software usage and peripheral hardware, that may be gathered periodically to facilitate the provision of software updates, dynamically served content, product support and other services to you, including online services. EDS may also use this information combined with personal information for marketing purposes and to improve our products and services. We may also share that data with our third party service providers in a form that does not personally identify you. IF YOU DO NOT WANT EDS TO COLLECT, USE, STORE, TRANSMIT OR DISPLAY THE DATA DESCRIBED IN
THIS SECTION, PLEASE DO NOT INSTALL OR USE THE APPLICATION. This and all other data provided to EDS and/or collected by EDS in connection with your installation and use of this Application is collected, used, stored and transmitted in accordance with EDS’s Privacy Policy located at www.teotunivese.com. To the extent that anything in this section conflicts with the terms of EDS’s Privacy Policy, the terms of the Privacy Policy shall control.
3. Application Communications and Conduct/Privacy Settings
Your use of online features available via the Application is governed by EDS’s Terms of Service, available at www.teotuniverse.com. By installing and using this Application you acknowledge and agree that you will abide by EDS’s Terms of Service and otherwise agree not to:
- Create a false identity for purposes of misleading others;
- Defame, abuse, harass, threaten, spam, violate the rights of others and/or otherwise interfere with others’ use and enjoyment of the Application;
- Publish, transfer or distribute any inappropriate, indecent, obscene, foul or unlawful conduct;
- Transfer, stream or otherwise make available material that contains viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or any other similar material that may damage the computer or other property of another user;
- Use any portion of the Application to harvest or collect information about others, including but not limited to email address.
When you establish your Application profile, your privacy settings will govern how others can search for you within the service as well as who can see your profile, which will show which games you have and play (among other items that you choose to disclose). If you choose to connect with friends on the Application and you are “online,” your friends will receive notifications about your game play activity, Application usage and stats. If you do not want your friends to receive such notifications at any time, you can disable chat. In addition, you can revisit your privacy settings and/or block users at any time.
Always use caution when giving out any personally identifiable information about you or your children when using the Application. EDS does not endorse the content, messages and/or information exchanged by means of the Application and therefore you agree that EDS is not liable with respect to the Application in general and/or any action resulting therefrom.
4. Interaction with Third Party Sites and Services.
The Application may allow you to interact with third-party websites, web browsers and web services (“Links”). The Links are not under the control of EDS and EDS is not responsible for the content of any Links, including without limitation any link contained in a Link or any changes or updates to a Link. EDS is providing Links only as a convenience and the inclusion of any Link does not imply endorsement by EDS of the Link or any association with its operators. You are solely responsible for any consequences of accessing a Link as well as for viewing and abiding by the privacy statements and terms of use posted in connection with those Links. USE OF LINKS IS AT YOUR OWN RISK. EDS DOES NOT GUARANTEE THAT YOUR PREVIOUSLY-SET BROWSER SETTINGS OR PARENTAL CONTROLS WILL APPLY TO LINKS AND OTHER WEB SERVICES ACCESSED WITHIN THE APPLICATION.
5. System Interaction.
The Application requires machine resources in order to perform and may impede the functionality of other software on your machine. The Application may slow and/or otherwise affect the performance of your machine and other software installed and/or running thereon. You may experience technical issues after installation of the Application. By installing the Application, you acknowledge and agree to the foregoing risks of use. IF YOU DO NOT AGREE TO AND ACKNOWLEDGE THESE POTENTIAL ISSUES, DO NOT INSTALL THE APPLICATION.
6. Termination.
This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from EDS if (i) you fail to comply with any of the terms and conditions of this License; or (ii) EDS ceases to support the Application. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. EDS’s termination will not limit any of EDS’s other rights or remedies at law or in equity. Sections 2-13 of this License shall survive termination or expiration of this License for any reason.
7. Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EDS AND EDS’ LICENSORS (COLLECTIVELY EDS FOR PURPOSES OF THIS SECTION AND SECTION 6) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY , SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EDS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE INTEROPERATE OR THAT THE APPLICATION WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EDS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL EDS, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT EDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall EDS’s total liability to you for all damages (except as may be required under applicable law) exceed the amount actually paid by you for the Application.
9. Limitation of Liability is a Material Term of this License.
You agree that the provisions in this License that limit liability are essential terms of this License. The foregoing limitations of liability apply even if any remedies described in this License fail in their essential purpose.
10. Severability and Survival.
If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions shall continue in full force and effect.
11. U.S. Government Restricted Rights.
If you are a government end user, then this provision applies to you. The software provided in connection with this License has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), “commercial items,” “commercial computer software” and/or “commercial computer software documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this License and shall be prohibited except to the extent expressly permitted by this License.
12. Injunctive Relief.
You agree that a breach of this License may cause irreparable injury to EDS for which monetary damages would not be an adequate remedy and EDS shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law.
13. Governing Law.
If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this License and your use of the Application; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the Courts of England, and you expressly consent to the exercise of personal jurisdiction of such courts. If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this License and/or your use of the Application; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the federal or state courts that govern San Mateo County, California, and you expressly consent to the exercise of personal jurisdiction of such courts. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License.
14. Export.
You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom EDS is prohibited from transacting business under applicable law.
15. Entire Agreement.
This License constitutes the entire agreement between you and EDS with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by EDS. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.