End User License Agreement
HoGo, Inc. ("HOGO") grants you a nontransferable and non-exclusive license to use the enclosed software program(s) ("Software") as provided herein, and as set forth in the Terms and Conditions.
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
BY INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. IN SUCH A CASE, YOU MUST IMMEDIATELY CEASE USING THE SOFTWARE AND ELIMINATE ALL INSTALLED COPIES OF THE SOFTWARE.
"Software" means the original or a copy (which may include partial copies and copies connected to other program(s)) of "HoGo Viewer" which is composed of software program files and related documentation.
2. Software License
- HOGO grants to you a limited, non-exclusive, non-transferable license to use, copy and distribute copies of the Software provided that you comply with the terms of this Agreement.
- When you distribute the Software, you must distribute it in the same condition as originally provided by HOGO; attached with this Agreement and all applicable documents. Distribution of a subset or part of the Software is not permitted.
- When you distribute the Software through the Internet or by bundling it with a magazine or a book, you must receive prior permission in writing from HOGO.
- You may not sell the Software or engage in commercial activities, including but not limited to advertising, exhibiting, using and duplicating the Software, in order to sell the Software.
- You may not transfer your license under this agreement, or sublicense the Software.
- You may not rent, lease or pledge all or any portion of the Software.
- You may not reverse engineer, decompile or disassemble all or any portion of the Software.
- You may not modify or eliminate all or any portion of the Software, including this agreement or any other documents with which the Software is provided.
4. Upgrades and Modified Versions
This Agreement applies to upgrades and modified versions of the Software provided by the HOGO. When an upgrade or modified version of the Software is provided with a new license agreement, the new agreement shall supersede this Agreement.
5. Copyright and Other Intellectual Property Rights
All rights, title and intellectual property rights, including all copyrights in the Software and the attached documents, are the property of HOGO or the third parties who have licensed certain rights to HOGO. This Agreement does not grant you any intellectual property rights in the Software and the attached documents.
6. Disclaimer of Warranty and Limitation of Liability
HOGO provides the Software on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall HOGO be liable to you for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Software (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if HOGO has been advised of the possibility of such damages.
In no event shall HOGO bear any responsibility, including but not limited to, to upgrade the Software or to fix any defects.
- HOGO has the right to immediately terminate this Agreement if HOGO judges that you have committed any breach of this Agreement or have infringed the copyrights or any other intellectual rights of HOGO. In such a case, you must immediately cease using the software and eliminate all installed copies of the Software. The provisions of this Agreement, except for Article 2 (Software License) and 4 (Application to upgrades and modified versions), shall survive any termination of this Agreement.
- This agreement shall be construed and enforced in accordance with laws of the State of New Hampshire.
- Any suit, action, or dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of the State of New Hampshire.