PLEASE READ THIS LICENSE CAREFULLY BEFORE USING BOOK WRITER. THIS LICENSE IS AN AGREEMENT BETWEEN YOU AND YADU DIGITAL, INC., THE OWNER OF BOOK WRITER. IF YOU USE BOOK WRITER, YOUR USE IS YOUR AGREEMENT WITH THE TERMS, CONDITIONS, LIMITATIONS, AND RESTRICTIONS OF THIS LICENSE. IF YOU DO NOT AGREE WITH ANY PART OF THIS LICENSE, DO NOT USE BOOK WRITER, AND IMMEDIATELY DELETE IT FROM YOUR COMPUTER AND STORAGE MEDIA SUCH AS DISKS AND TAPES.
1) DEFINITIONS Hereinafter, the following definitions apply.
“The Software” means BOOK WRITER and any files associated with it, including, but not limited to, the executable file (known commonly as the computer program) and all documentation.
“Documentation” means all writings and human-readable files, including, but not limited to, the help files and text documents provided with the Software.
“You” means an individual person or a legal entity acting in agreement and compliance with this License.
2) GRANT OF LICENSE Yadu Digital, Inc., retains all ownership of the Software, but in return for your payment of the purchase price of a License, Yadu Digital, Inc., grants You a non-exclusive License to use the Software according to purposes You determine, subject to the following limitations on installations:
You may install one copy of the Software on one machine for each License of the Software that You paid for.
You may make a reasonable number of backup copies of the Software.
If You are installing the Software on a network, You must purchase a License for each workstation that uses the Software.
3) WARRANTY—DISCLAIMER OF WARRANTY Yadu Digital, Inc., expressly disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The software and documentation are provided on an “as is” basis. Yadu Digital, Inc., does not warrant that the software and documentation will suit your purposes; nor that the software is free of all defects; nor that any defects will be corrected. If the software or documentation is defective, You agree to assume all costs associated with servicing, repair, or correction that You require. You agree that this disclaimer is an essential part of the License. The software and documentation may not be used except under this disclaimer.
4) LIMITATIONS OF LIABILITY Yadu Digital, Inc., shall not be liable under any circumstances or legal theory, whether contract, tort, or otherwise, for consequential, indirect, incidental, special, or exemplary damages, including lost data or profits, arising out of this License or your use of the software, even if Yadu Digital, Inc., has been advised of the possibility of such damages or some remedy set forth herein has failed in its purpose. In any case, the liability of Yadu Digital, Inc., shall be limited to the amount You paid for your License.
5) INDEMNIFICATION You agree to indemnify and hold harmless Yadu Digital, Inc., against any and all assertions and claims arising out of your use of the software.
6) GOVERNING LAWS AND JURISDICTION This agreement shall be construed and enforced under the laws of Indiana. You agree that any litigation arising out of this License must be filed and tried in the State of Indiana, and the federal courts in the Southern District of Indiana, to which jurisdictions You will submit yourself, with the losing party responsible for costs, including court costs, reasonable attorneys’ fees, and other related expenses.
7) COMPLETE AGREEMENT This License embodies the complete agreement between Yadu Digital, Inc., and You. This License supersedes any other communications or agreements, oral or written, related to the Software or the matters of this License. If any part of this License is held to be unenforceable, that part shall be modified only to the extent necessary to make it enforceable, and no other part shall lose any force.
8) TERMINATION You may terminate this License by removing the Software from your computer and destroying any physical copies that You have on storage media such as disks and tapes. Yadu Digital, Inc., may terminate this License without notification for any failure of compliance. On termination, Yadu Digital, Inc., retains all rights and ownership of the Software, as well as all rights under provisions herein that grant protections and remedies to Yadu Digital, Inc., including, but not limited to, paragraphs 3, 4, 5, and 6.
9) ACKNOWLEDGMENT You acknowledge that You have read this License, You understand it, and You agree to its terms and conditions. You acknowledge that any use You make of the Software is an affirmation of your agreement with the terms and conditions of the License.
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