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Copy except as permitted by applicable law or as provided in this Agreement , sell, modify, translate, transfer, reverse engineer, decompile or disassemble the Software;. Remove any Software proprietary notice, label or mark, whether in machine language or human-readable form;. Create any derivative work that is based on or incorporates the Software;.

Upon expiration or termination of this Agreement for any reason, this License shall terminate and any user accessing the Software shall immediately cease to use or have access and support for it. If you breach any provision of this Agreement, including by making any unauthorized copy of the Software or by failing to comply with any prohibition set forth in this Agreement, the License shall immediately terminate automatically.

Any Software license purchased, whether for a Previous Version or a New Version, will not include, and you shall not be entitled to, any free Software updates. When the IMT expires, and provided that you pay Luxriot to renew the Maintenance, you will receive continued Maintenance for the extended period set forth in the invoice Luxriot provides to you.

Unless Luxriot advises you otherwise, Maintenance will be provided twelve 12 hours a day, between the hours of a. During the Existing Service Term, you also will be given the opportunity to receive available security updates and bug fixes.

If you do not avail yourself to any such security update or bug fix during the Existing Service Term, you will not be entitled to any such improvement thereafter. Please note Luxriot products may not work properly or securely if used on any such no longer operating system. It is hereby understood and agreed that as between Luxriot and you, Luxriot is the owner of all rights, title and interest, including the copyright and all other intellectual property rights, to the Software, including in all formats and regardless how delivered to you whether on media or if distributed electronically and all subsequent copies thereof, regardless of the media or form in which the Software or copies thereof may exist.

Except as expressly provided herein, you do not acquire any rights to the Software through the purchase of licenses to the Software or otherwise. Unauthorized copying of the Software or failure to comply with the above restrictions will result in automatic termination of this Agreement. Unauthorized copying or distribution of the Software constitutes copyright infringement and may be punishable in a federal criminal action by a fine of up to U.

In addition, federal civil remedies for copyright infringement allow for the recovery of actual damages based on the number of copies produced or statutory damages of up to U. T ERM. This Agreement shall continue for as long as you use the Software licensed herein or until terminated by Luxriot, whichever occurs first. Without prejudice to any other rights, this Agreement will terminate if you fail to pay Luxriot any amount due or if you fail to comply with any of its terms or conditions.

You agree, upon termination, to immediately destroy all copies of all Software. To the maximum extent permitted by applicable law, the Disclaiming Parties disclaim all other warranties and conditions, either express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, noninfringement, any warranty against data loss, computer virus, loss of hardware or software functionality, or any other harmful effects, or any warranty that operation of the software will be uninterrupted or error-free.

For the sake of clarity, the Disclaiming Parties do not make, and you do not receive, any representation or warranty as to the stability or functionality of any Software feature.

You expressly assume the entire risk and cost associated with the Software, including risk resulting from Maintenance services whether performed in whole, in part, or not at all , or from any virus, downloaded material, harmful component, or through any Internet use of the Software or any site or server through which the Software is available. You are solely responsible for any damage that results from or is associated with use of the Software.

The Disclaiming Parties shall not be liable in any manner whatsoever for the results obtained through use of the Software. Persons using the Software are responsible for the supervision, management, and control of the Software, including determination of the appropriate uses for the Software and the selection of the Software and other programs to achieve intended results. If the Software was purchased in the United States, the above exclusions may not apply to you since some states do not allow the exclusion of implied warranties.

You may also have other rights, which vary from state to state. The entire risk arising out of use or performance of the Software remains with you. The limitation of liability is to the maximum extent permitted by applicable law. You hereby acknowledge that the license fee amount reflects this allocation of risk, and in any case the entire liability of the Disclaiming Parties under any provision of this Agreement shall be limited to the amount actually paid by you for the Software.

Because some states do not allow the exclusion or limitation of liability, the above limitation may not apply to you. You hereby acknowledge that under no circumstance shall the Disclaiming Parties be liable for any unlawful use of the Software by you, whether in connection with Surveillance or otherwise, and you hereby assume any and all risks and liabilities for any such illegal use. You hereby agree that Luxriot has the right to require an audit electronic or otherwise of the Software, including the installation, use, and access thereof.

You shall provide full cooperation to enable any such audit. If Luxriot determines that your use is not in conformity with this Agreement, you shall immediately obtain and pay for valid licenses to bring your use into compliance with this Agreement and pay the reasonable costs of the audit.

In addition to such payment rights, Luxriot reserves the right to seek any other remedies available at law or in equity, whether under this Agreement or otherwise. Note : if the Software is installed on any computer containing classified information that requires security clearance from any government to access, the audit rights described in this Section 6 shall not apply to any such computer, provided, however, that the foregoing exclusion shall not apply to any restricted country, person, or entity described in Section 7 below.

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