"Software" means: All Electronic Information including but not limited to Software, Artwork, Design, Websites, Internet Pages, Web Pages, Text, Content, E-File, Emails and related contents or files.
"Services"refers to support services which includes Providing Support, Bandwith, Network, Infrastructure, Uptime, Severs, Fixing Problem, Designing, Helping Customer in form of Emails, Phone or any other method including and all support services.
This End User License Agreement (EULA) is a CONTRACT between you (either an individual or a single entity or an organization using Thobson or any of its services) and Thobson Technologies ("Thobson"), which covers your use of the "Software & Services" that accompanies this EULA and related software components, which may include associated media, printed materials, and "online" or electronic documentation. All such software and materials are referred to herein as the "Software Product." A software license, issued to a designated user only by Thobson Technologies, is required for each user of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product Or Services provided by Thobson.com. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing, or otherwise using the Software Product and/or Software Product License, you are acknowledging and agreeing to be bound by the following terms:
The Software Product License, which is issued to a designated user, enables such designated user to use the Software Product for himself only and not to be resold its further copies. Each user on a multi-user computer system who uses the Software Product requires an additional Software Product License. You may not modify or create derivative copies of the Software Product License. Neither the contents or design or any other artwork to be used on any other media without written permission from Thobson.
Subject to a validly issued Software Product License, Thobson grants to you the non-exclusive, non-transferable right for you to use the Software Product to client for the purpose the Software Product was designed. You may not modify or create derivative copies of the Software Product. All rights not expressly granted to you are retained by Thobson Technologies.
You may install each Software Product License on a single computer system and make copies of the Software Product License as necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License.
The Software Product is protected by U.S. and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product copy is licensed not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of Thobson Technologies. Thobson Technologies reserves all intellectual property rights, including copyrights, and trademark rights.
You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without Thobson's written approval and subject to written agreement by the recipient of the terms of this EULA.
You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Thobson Technologies may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License
YOU ACCEPT THE THIRD PARTY SERVICES WHICH MAY INCLUDE BUT NOT LIMITED TO INTENET ACCESS PROVIDERS, THE DATA CENTER SERVICES AND INTERNET BACKBONE PROVIDER AND SOFTWARE PRODUCT LICENSE "AS IS," AND THOBSON (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THOBSON (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THOBSON (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF THOBSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THOBSON'S (AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS') ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00; PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A THOBSON SUPPORT SERVICES AGREEMENT, THOBSON'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.