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PLEASE READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") CAREFULLY. INSTALLATION OR USE OF THE ENCLOSED HUMAN CUBE INC. SOFTWARE ON YOUR COMPUTER SYSTEM CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU ("USER") DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
1. GRANT OF LICENSE: Human Cube Inc. grants the User the right to install and run the Client software but may only use the software to connect to the Human Cube Servers.
2. NO WARRANTIES: Human Cube Inc. expressly disclaims any warranty for the software. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU - THE END USER.
3. LIMITATION OF LIABILITY: To the maximum extent permitted by applicable law, in no event shall Human Cube Inc. be liable for any direct, indirect, incidental, special, or consequential damages whatsoever (including, without limitation, damages for loss of profits, information, business interruption or any other pecuniary loss) arising out of the use (or misuse) of the software. THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL HUMAN CUBE INC. OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
4. ADDITIONAL LIMITATIONS: The User may not attempt to disassemble, decompile, modify or reverse-engineer the software in any way.
5. UPGRADES: The software makes use of automatic upgrades. The User must accept future upgrades to continue use of the software.
6. AVAILABILITY OF SERVICE: Human Cube Inc. does not guarantee that use of the software or services will be uninterrupted or error-free. No refunds will be given for any reason. The User must accept that the services provided by Human Cube Inc. may be temporarily or permanently suspended. No guarantee of future service is guaranteed. No refunds will be given for unused credits, subscribed memberships or features.
7. FREE AND PAY: Human Cube Inc. may offer free and pay software and services. Human Cube Inc. reserves the right to discontinue any free or pay software or services. No refunds will be given. Additionally, in the future, Human Cube Inc. may charge for software and services that are currently free. Likewise, in the future, Human Cube Inc. may provide for free, software and services that are currently being charged for. No refunds will be given if a previous pay software or service is made free.
8. ACCOUNTS: Only one account per User is permitted.
9. CONDUCT: Inappropriate conduct, including, without limitation, cheating, rudeness, harassment and fraud will result in the banning of the User from using Human Cube Inc. software and services. No refunds will be given.
10. SECURITY: The User agrees that he/she is solely responsible for all use of Human Cube Inc. software through his/her User Name and Password. The User is obliged to keep his/her Password secret and confidential. Any unauthorized use of the User Name and Password shall be the sole responsibility of the User and be deemed as his/her use. Any liability from such use shall be the responsibility of the User.
11. REFUNDS: No refunds will be given.
12. TERMINATION. Without prejudice to any other rights, Human Cube Inc. may terminate this LICENSE AGREEMENT if the User fails to comply with the terms and conditions of this agreement. In such event, the User must destroy all of his/her copies of the software.
13. COPYRIGHT: This software is protected by copyright laws and International copyright treaties, as well as other intellectual property laws and treaties.
14. LANGUAGE DISCREPANCIES: In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English Language version shall prevail.
Human Cube Inc. reserves the right to change the license agreement and the terms and conditions at any time.
Copyright 2000-2009 Human Cube Inc. All rights reserved. http://www.humancube.com
Last modified on 6th Nov 2009.