NOTE: This is the umbrella agreement that applies to all TeraNext software and services agreements. Additional terms and conditions may apply.
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE
USING ANY TERANEXT SOFTWARE. BY INSTALLING TERANEXT SOFTWARE, YOU INDICATE YOUR
ACCEPTANCE OF SUCH TERMS AND CONDITIONS. IN THE EVENT THAT YOU DO NOT
AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT INSTALL OR USE THE
SOFTWARE IN CONJUNCTION WITH ANY SERVICES.
Pursuant to this Agreement, you may: (a) use the programs on as many
computers as licenses you have purchased;
(b) download all updates and or reinstall a copy the
software into any computer in readable or printed form for back-up purposes in
support of your use of the programs (certain limitations on saved data
hierarchy my preclude safe use of the same user account using the
software on more than one computer).
Any portion of these programs merged into another program will continue
to be subject to the terms and conditions of this Agreement. You must
also reproduce and include the copyright notice on any copy,
modification, or portion merged into another program.
YOU MAY NOT USE, COPY, MODIFY, DISASSEMBLE, DECOMPILE, REVERSE ENGINEER
OR TRANSFER THE PROGRAMS OR ANY COPY, MODIFICATION, OR MERGED PORTION,
IN WHOLE OR PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION, OR MERGED PORTION
OF THE PROGRAMS TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY
TERMINATED.
COPYRIGHT
All intellectual property rights in the SOFTWARE and user documentation
are owned by TeraNext, LLC and are protected by
United States copyright laws, other applicable copyright laws and
international treaty provisions. TeraNext, LLC and it's partners and
suppliers retain all rights not expressly granted.
TERM
The license is effective unless rejected or until terminated. You may
reject or terminate it at any time by destroying the programs together
with all copies, modifications and merged portions in any form. It will
also terminate upon conditions set forth elsewhere in this Agreement or
if you fail to comply with any term or condition of this Agreement. You
agree upon such termination to destroy the programs together with all
copies, modifications, and merged portions in any form.
LIMITED WARRANTY AND REMEDIES
NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO
THESE PROGRAMS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND TERANEXT
AND IT'S PARTNERS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES NOT STATED
HEREIN. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY, USE AND
PERFORMANCE OF THE PROGRAMS. SHOULD THE PROGRAMS PROVE DEFECTIVE, YOU-AND NOT
TERANEXT, LLC OR IT'S PARTNERS AND SUPPLIERS OR AN AUTHORIZED RESELLER-ASSUME
THE COST OF NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME STATES DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
YOUR SOLE REMEDIES AND THE ENTIRE LIABILITY OF TERANEXT, LLC AND
IT'S PARTNERS AND SUPPLIERS ARE SET FORTH ABOVE. IN NO EVENT WILL TERANEXT
OR IT'S PARTNERS AND SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
DAMAGES, INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST
PROFITS, LOST SAVINGS, OR OTHER DAMAGES ARISING OUT OF USE OF OR
INABILITY TO USE SUCH PROGRAMS.
IN THE EVENT THAT TERANEXT, LLC WILL BE FOUND LIABLE FOR ANY DAMAGES,
SUCH LIABILITY WILL BE LIMITED TO THE TOTAL AMOUNT CUSTOMER PAID TO TERANEXT OR
$1,000,000 (ONE MILLION US DOLLARS), WHICHEVER IS LESS.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU.
GENERAL
You may not sublicense, assign, or transfer the license or the programs
except as expressly provided in this Agreement. Any attempt to
otherwise sublicense, assign, or transfer any of the rights, duties, or
obligations hereunder is null and void.
If you have any questions concerning this Agreement, you should contact
TeraNext, LLC. 10830 Guilford Rd., Ste 312. Annapolis Junction, MD 20701
This Agreement will be governed by the laws of the State of Maryland.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; YOU FURTHER AGREE IT IS
THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH
SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN AND ANY
OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS
AGREEMENT.
U.S. GOVERNMENT RESTRICTED RIGHTS
This program and documentation are provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs C (1) and (2) of Commercial Computer Software - Restricted Rights at
48 CFR 52.227-19, as applicable. Contractor/manufacturer of software is
Global Layer Inc., 373 Main Street, Suite 200, Laurel, MD 20707.