IMPORTANT
PLEASE READ CAREFULLY BEFORE INSTALLING THE DHYAN SOFTWARE PRODUCT
This DHYAN NETWORKS AND TECHNOLOGIES, INC END USER LICENSE AGREEMENT ("EULA") is a
legal agreement between you, the End User (“End User”) (either an individual or a single
entity) and DHYAN NETWORKS AND TECHNOLOGIES, INC (“DHYAN”) for DHYAN's Software(s)
identified above, which includes the User's Guide, any associated Software components,
any media, any printed materials other than the User's Guide, and any "online" or
electronic documentation ("Software"). By installing, copying, or otherwise using the
Software you agree to be bound by the terms of this EULA. If you do not agree to the
terms of this EULA, do not install or use the Software.
Through this purchase, you are acquiring and DHYAN NETWORKS AND TECHNOLOGIES, INC (“DHYAN”) grants you a non-exclusive license to install and use the Software as set forth in this License and the accompanying documentation. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing or otherwise distributing the Software or rights to use the Software. The term of your License shall commence on the date that install or otherwise use the Software, and shall end on the earlier of the date that you dispose of the Software; or DHYAN's termination of this License. Your license will terminate immediately if you attempt to circumvent the technical protection measures for the software
Your right to use the Software is limited to the license grant above, and you may not otherwise copy, display, distribute, perform, publish, modify, create works from, or use the Software or any component of it. You may not modify, enhance, revise, alter, reverse engineer, de-compile, or disassemble the Software. You may not sublicense, rent, lease, or lend either the Software or your rights under this EULA. You may not remove or alter DHYAN’s trademarks or logos, or legal notices included in the Software or related assets.
You have purchased a license to the Software and your rights are subject to this License. Except as expressly licensed to you herein, DHYAN reserves all right, title and interest in the Software and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of DHYAN and its licensors in the Software and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Software by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Software. DHYAN owns all of the right, title and interest in the Software. All rights not expressly granted herein, are reserved by DHYAN
To facilitate technical protection measures, the provision of software updates and any dynamically served content, and product support and other services to you, including online play, you agree that DHYAN and its affiliates may collect, use, store and transmit technical and related information that identifies your computer (including an Internet Protocol Address and hardware identification), operating system and application software and peripheral hardware. DHYAN and its affiliates may also use this information in the aggregate, in a form which does not personally identify you, to improve our products and services and we may share anonymous aggregate data with our third party service providers.
Future Software that DHYAN identifies as an upgrade shall replace and / or supplement the Software to which this EULA applies. You may use the resulting upgraded Software only in accordance with the terms and conditions of this EULA unless amended by the express terms of that upgrade.
DHYAN may provide you with support services related to the Software. Use of support services is governed by DHYAN policies and programs described in the user manual, in online documentation, and/or other DHYAN-provided materials, as they may be modified from time to time. Any supplemental Software code provided to you as part of the support services shall be considered part of the Software and subject to the terms and conditions of this EULA. With respect to technical information you provide to DHYAN as part of the support services, DHYAN may use such information for its business purposes, including for product support and development. DHYAN will not utilize such technical information in a form that personally identifies you.
This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from DHYAN if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control. Termination will not limit any of DHYAN’s other rights or remedies at law or in equity. Sections 7 (Limited Warranty) - 12 (General Provisions) of this License shall survive termination or expiration of this License for any reason.
THE LIMITED WARRANTY ON RECORDING MEDIA THAT ACCOMPANIES YOUR SOFTWARE IS FOUND IN THE PRODUCT MANUAL THAT WAS DISTRIBUTED WITH YOUR SOFTWARE AND IS INCORPORATED HEREIN BY REFERENCE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LOCAL LAW, WHICH VARY FROM JURISDICTION TO JURISDICTION.
EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. DHYAN AND DHYAN’S LICENSORS (COLLECTIVELY “DHYAN” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DHYAN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY DHYAN OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL DHYAN BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT DHYAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL DHYAN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
Provisions in this License that limit liability and damages are essential terms of this License, and form a material part of the bargain and consideration received by DHYAN in exchange for the license rights granted hereby. The foregoing limitations of liability apply even if the above stated remedy under the Limited Warranty for Recording Media, or under any other implied or express warranty or limitations thereof, fails of its essential purpose.
The breach of this License may cause irreparable injury to DHYAN for which monetary damages would not be an adequate remedy and DHYAN shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law.
This Agreement will be governed by the laws of the State of California, without giving effect to any choice of law principles that would require the application of the laws of any other jurisdiction.
You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Software to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom DHYAN is prohibited from transacting business under applicable law.
This Agreement may not be assigned, delegated, or otherwise transferred by Licensor, in whole or in part, by operation of law or otherwise, without Licensee’s express prior written consent. Any attempted assignment, delegation, or transfer by Licensor in violation of the foregoing will be null and void.
Each party must deliver all notices, consents, and approvals required or permitted under this Agreement in writing to the other party at the address listed in the preface to this Agreement, by courier, by certified or registered mail (postage prepaid and return receipt requested), or by a nationally-recognized overnight carrier. Notice will be effective upon receipt or refusal of delivery. Each party may change its address for receipt of notice by giving notice of such change to the other party.
No delay or failure by either party to exercise any right it has under this Agreement will be construed as a waiver of such right. A waiver by any party of any breach or covenant will not be construed to be a waiver of any preceding or succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Section headings are included in this Agreement merely for convenience of reference, and are not to be considered part of this Agreement or used in the interpretation of this Agreement.
This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior communications and understandings between the parties. No modification of or amendment to this Agreement will be effective unless in writing and signed by the party to be charged.
Neither party shall be in default or otherwise liable for any delay in its performance under this Agreement if such delay arises by any act of God, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, or failures or delay in transportation or communications. The parties will promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Agreement. In the event any such delay in performance exceeds, or is reasonably anticipated to exceed, a period of thirty (30) days, Licensee may terminate this Agreement or an applicable Statement of Work immediately upon written notice to Licensor.
The parties shall settle any controversy arising out of this Agreement by arbitration in the State of California in accordance with the rules of the JAMS. A single arbitrator shall be agreed upon by the parties or, if the parties cannot agree upon an arbitrator within thirty (30) days, then the parties agree that a single arbitrator shall be appointed by JAMS. The arbitrator may award attorneys' fees and costs as part of the award. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction.