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Hara Consulting LLC. ("Hara")
SOFTWARE LICENSE AGREEMENT
READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY
BEFORE using this system. BY using this system, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF
YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, INDICATE YOUR
ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT"(OR
EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO ALL OF THE TERMS, SELECT THE "DECLINE"
(OR EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT.
1. Definitions.
(a) "Entitlement" means the collective set of applicable
documents authorized by hara consulting evidencing your obligation to
pay associated fees (if any) for the license, associated
Services, and the authorized scope of use of Software under
this Agreement.
(b) "Licensed Unit" means the unit of measure by which your
use of Software and/or Service is licensed, as described in
your Entitlement.
(c) "Permitted Use" means the licensed Software use(s)
authorized in this Agreement as specified in your
Entitlement.
(d) "Service" means the service(s) that Hara Consulting or its delegate
will provide, if any, as selected in your Entitlement.
(e) "Software" means the Hara Consulting software described in your
Entitlement. .
(f) "You" and "Your" means the individual or legal entity
specified in the Entitlement.
2. License Grant and Entitlement.
Subject to the terms of your Entitlement, Hara Consulting grants you a
nonexclusive, nontransferable limited license to use
Software for its Permitted Use for the license term. Your
Entitlement will specify (a),the Permitted Use, (n) the license term, and (c) the Licensed Units.
If your rights to Software or Services are limited in
duration and the date such rights begin is other than the
purchase date, your Entitlement will provide that beginning
date(s).
The Entitlement may be delivered to you in electronic
format with a unique customer number displayed at the bottom of all your output materials from the system.
3. Permitted Use.
As selected in your Entitlement, one or more of the
following Permitted Uses will apply to your use of Software.
Unless you have an Entitlement that expressly permits it,
you may not use Software for any of the other Permitted
Uses. If you don't have an Entitlement, or if your
Entitlement doesn't cover additional service provided to
you, then you are prohibited to use additional services
(c) Individual Use. You may use Software internally for
personal, individual use.
(d) Commercial Use. You may use Software internally for
your own commercial purposes.
4. Licensed Units.
Your Permitted Use is limited to the number of Licensed
Units stated in your Entitlement. If you require additional
Licensed Units, you will need additional Entitlement(s).
5. Restrictions.
(a) The copies of Software provided to you under this
Agreement are licensed, not sold, to you by Hara Consulting LLC Hara Consulting reserves all rights not expressly granted.
(b) You may not copy, modify, or distribute Software.
(c) You may not rent, lease, lend
or encumber Software.
(d) Unless enforcement is prohibited
by applicable law, you may not decompile, or reverse
engineer Software.
(e) The terms and conditions of this
Agreement will apply to any Software updates, provided to
you at Hara Consulting's discretion, that replace and/or supplement the
original Software, unless such update contains a separate
license.
(f) You may not publish or provide the results of
any benchmark or comparison tests run on Software to any
third party without the prior written consent of Hara Consulting.
(g)Software is confidential and copyrighted.
(h) Unless otherwise specified, if Software is delivered with embedded
or bundled software that enables functionality of Software,
you may not use such software on a stand-alone basis or use
any portion of such software to interoperate with any
program(s) other than Software.
(i) Software may contain
programs that perform automated collection of system data
and/or automated software updating services. System data
collected through such programs may be used by Hara Consulting, its
subcontractors, and its service delivery partners for the
purpose of providing you with remote system services and/or
improving Hara's software and systems.
(j) No right, title or interest in or to any trademark, service mark,
logo or trade name of Hara consulting or its licensors is granted under
this Agreement.
7. Term and Termination.
The license and service term are set forth in your
Entitlement(s). Your rights under this Agreement will
terminate immediately without notice from Hara Consulting if you
materially breach it or take any action in derogation of
Hara Consulting and/or its licensors' rights to Software. Hara Consulting may terminate this Agreement should any Software become, or in Hara’s reasonable opinion likely to become, the subject of a
claim of intellectual property infringement or trade secret
misappropriation.
Upon termination, you will cease use of the software.
8. Guarantee.
Hara Consulting Guarantees to you that if for any reason you did not win the recommended game(s) according to the rules specified in each pages of the system game, Hara will refund your cost at no extra charge and questions asked, if you submit your claim within a week of purchasing or leasing Hara’s system.
9. Disclaimer of Warranty.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED,
EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE
LEGALLY INVALID.
10. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL Hara CONSULTING LLC OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR
DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR
INABILITY TO USE SOFTWARE, EVEN IF HARA CONSULTING HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
In no event will HARA CONSULTING’S
liability to you, whether in contract, tort (including
negligence), or otherwise, exceed the amount paid by you for
Software under this Agreement. The foregoing limitations
will apply even if the above stated warranty fails of its
essential purpose. Some states do not allow the exclusion
of incidental or consequential damages, so some of the terms
above may not be applicable to you.
11. Export Regulations.
All Software, documents, technical data, and any other
materials delivered under this Agreement are subject to U.S.
export control laws and may be subject to export or import
regulations in other countries. You agree to comply
strictly with these laws and regulations and acknowledge
that you have the responsibility to obtain any licenses to
export, re-export, or import as may be required after
delivery to you.
12. Governing Law.
Any action related to this Agreement will be governed by
Georgia law and controlling U.S. federal law. No choice
of law rules of any jurisdiction will apply.
13. Severability.
If any provision of this Agreement is held to be
unenforceable, this Agreement will remain in effect with the
provision omitted, unless omission would frustrate the
intent of the parties, in which case this Agreement will
immediately terminate.
14. Integration.
This Agreement, including any terms contained in your
Entitlement, is the entire agreement between you and Hara consulting
relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals,
representations and warranties and prevails over any
conflicting or additional terms of any quote, order,
acknowledgment, or other communication between the parties
relating to its subject matter during the term of this
Agreement. No modification of this Agreement will be
binding, unless in writing and signed by an authorized
representative of each party.
Please contact Hara Consulting, LLC. 1625 Riverview cove,
Lawrenceville, GA 30045 if you have questions.
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