read carefully the following legally binding End User License Agreement (the
"License Agreement") between FixMeStick Technologies Inc. (FixMeStick) and Licensee
(as defined below) which governs Licensee's use of the Device.
the accept option, breaking the seal on the package or installing, copying or
otherwise using the Device (the "Start Date"), Licensee acknowledges that
Licensee has read, understands, and agrees to be bound by the terms of this
License Agreement, unamended. If Licensee does not agree with the terms of
this License Agreement, License must not install or otherwise use the Device
and, if applicable, within 30 days after purchase must return the Device
(including any packaging and accompanying items) to FixMeStick
or Licensee's supplier, as applicable, together with proof of purchase for a
installing, copying or otherwise using Updates and/or Upgrades, Licensee agrees
to be bound by any additional license terms that accompany such Updates and/or
Upgrades. If Licensee does not agree to the additional license terms that
accompany such Updates and/or Upgrades, Licensee may not install, copy or use
such Updates and/or Upgrades.
reseller, service provider, consultant, contractor or other party downloads or
otherwise provides the Device for Licensee and/or installs or activates the
Device on Licensee's behalf prior to Licensee's use of the Device, such
reseller, service provider, consultant, contractor or other party will be deemed
to be Licensee's agent acting on Licensee's behalf and Licensee will be deemed
to have accepted all of the terms and conditions of this License Agreement as
if Licensee had directly downloaded, installed or used the Device.
COPYRIGHT AND OWNERSHIP
2.1 FixMeStick retains title to
the Hardware until such time as any evaluation period (if applicable) expires
and Licensee pays the Fees. Unless and until Licensee has paid the Fees,
Licensee agrees to keep the Hardware free and clear of all claims, liens, and
encumbrances except those of FixMeStick, and any act
by Licensee, either voluntary or involuntary, purporting to create a claim,
lien or encumbrance on the Device shall be void. Once Licensee has paid the
Fees, title to the Hardware shall pass to Licensee. Risk of loss passes to
Licensee upon shipment of the Device to Licensee. Insurance, if any, covering
the Device shall be Licensee's responsibility. Licensee owns only the Hardware
on which the Software is installed. Licensee does not own the Software itself.
The Device, Software and the Documentation including all intellectual property,
know-how, concepts, logic and specifications related to the Device are
proprietary products of FixMeStick and/or its
licensors and are protected throughout the world by copyright and other
intellectual property rights. No license, right or interest in FixMeStick's logos, or trademarks is granted to Licensee
under this License Agreement and Licensee hereby agrees not to remove any
product identification or notices of proprietary restrictions. Further,
Licensee hereby acknowledges and agrees that the right, title and interest in
the Software and the Documentation, and in any modifications made by Licensee
to the Software or Documentation, as provided for below in this License
Agreement, is retained by FixMeStick. Notwithstanding
the foregoing, FixMeStick and any third party
suppliers shall retain any and all intellectual property rights in the
acknowledges that the Hardware is sold hereunder solely as the medium for delivery
and operation of the Software and, unless otherwise agreed by the parties in
writing, FixMeStick at its option may provide
Hardware that is either new or refurbished.
RIGHTS AND RESTRICTIONS
License Term. This License Agreement is effective from the Start Date,
and shall remain in force during the License Term. If Licensee wants to renew
Licensee's license, Licensee should contact FixMeStick
or Licensee's reseller, distributor or dealer, as applicable. Licensee's
obligations under this License Agreement in respect of the intellectual
property and confidential information of FixMeStick
shall survive any expiry or termination of this License Agreement.
Rights. In consideration of the payment of the Fee by Licensee, FixMeStick hereby grants to Licensee a limited
non-exclusive right to use the Device for the License Term subject to the terms
and conditions contained within this License Agreement. Licensee is permitted
3.2.1 use the Device for Licensee's Internal Business or Personal
Purpose, relating specifically to the integrity of Licensee's systems,
networks, documents, emails and other data ("Licensee's Internal Business or
Personal Purpose"). The number of Computers for which Licensee may use the
Device must not exceed the number of Computer Licenses. Licensee is wholly
responsible for the compliance by Users with this License Agreement; and/or
copy, reproduce in whole or in part, adapt and modify the Documentation for
Licensee's Internal Business or Personal Purpose only
Restrictions. Licensee is not permitted to:
modify or translate the Products except (i) as
necessary to configure the Licensed Products using the menus, options and tools
provided for such purposes and contained in the Software; (ii) in relation to
the Documentation, except as necessary to produce and adapt manuals and/or
other documentation for Licensee's Internal Business or Personal Purpose;
engineer, disassemble (including without limitation, removing the covering
plates which bar access to the Hardware internals and/or accessing internal
components of the Hardware) or decompile the Device or any portion thereof or
otherwise attempt to derive or determine the source code or the logic therein
except to the extent and for the express purposes authorised by applicable law;
3.3.3 install and/or run on the Device any software
applications other than the Software;
3.3.4 transmit or provide access to the Device save as provided in
this License Agreement;
rent, sell, lease, distribute or otherwise transfer the Device save as provided
under this License Agreement unless Licensee obtains a separate license from FixMeStick for such purposes (for example, Licensee may not
embed any part of the Device into another application and then distribute such
to third parties unless Licensee first acquires an OEM license from FixMeStick);
3.3.7 sub-license, rent, sell, lease, distribute or otherwise
transfer the Device to any individual who is not acting in the course of
Internal Business or Personal Purpose;
3.3.8 use the Device in or in association with safety critical
applications where the failure of the Device to perform can reasonably be
expected to result in a significant physical injury, or in loss of property, or
loss of life. Any such use is entirely at Licensee's own risk, and Licensee
agrees to indemnify and hold FixMeStick harmless from
any and all claims or losses resulting from or relating to such unauthorized
3.3.9 use the Device for the purposes of competing with FixMeStick or its suppliers, including without limitation
acknowledges and agrees that the Device and FixMeStick
may directly and remotely communicate for the purposes of, without limitation,
verifying Licensee's credentials, issuing reports and alerts such as automated
support requests and alert messages, and to provide maintenance or support.
5.1 FixMeStick warrants to Licensee only that:
For a period of ninety (90) days from the date of purchase (the 'Software
Warranty Period") the Software will perform substantially in accordance
with the Documentation provided that they are operated in accordance with the
Documentation on the designated operating system(s) ; and
as long Licensee has a valid, fully paid up, unexpired license for a Device, FixMeStick warrants that the Hardware shall be free of
defects in materials and workmanship under normal use and service and
substantially conform to the Documentation (the "Hardware Warranty").
5.2 FixMeStick's entire liability and Licensee's sole remedy
under the warranties described in Clause 5.1 shall be (at FixMeStick's
option) to correct, repair or replace the Hardware, or Software, as applicable,
within a reasonable time or provide or authorise a refund of the Fee following
the return of the Device accompanied by proof of purchase. Any items provided
as replacement under the terms of this warranty will be warranted for the
remainder of the original warranty period.
discovery of any failure of the Hardware (or any of its component), Licensee
may sent a request to FixMeStick's support. Upon
receipt of a valid Hardware Warranty claim, FixMeStick
may replace the defective Device as soon as commercially possible, with a new
or refurbished Device, at FixMeStick's sole
to the allegedly defective Hardware or component part shall pass to FixMeStick on shipment by Licensee of the Device to the
return location indicated by FixMeStick. Should the
Hardware or component part(s) of the Hardware returned by Licensee: (i) be deemed not to be defective or "no fault found" (NFF);
or (ii) should a returned Device be missing any Hardware, FixMeStick
will invoice Licensee and Licensee agrees to pay the cost of the Hardware or
component part of the Hardware, as applicable. FixMeStick
SHALL NOT BE RESPONSIBLE FOR MAINTAINING OR PROTECTING ANY CONFIGURATION
SETTINGS OR DATA FOUND ON THE RETURNED DEVICE OR COMPONENT PART OF THE DEVICE.
Title to the replacement Hardware provided to Licensee in accordance with
Clauses 5.2 and 5.3 respectively shall pass to Licensee on shipping or payment
of the hardware Fee, whichever is the later. Risk of loss in relation to any
replacement Hardware provided to Licensee shall pass to Licensee upon shipment
of such Device to Licensee. Licensee shall be responsible for any insurance for
the replacement Hardware.
warranties contained in this License Agreement do not apply to repair or
replacement caused or necessitated by: (i) accident; unusual
physical, electrical or electromagnetic stress; neglect; misuse; fluctuations
in electrical power beyond those set out in the specifications; failure of air
conditioning or humidity control; improper maintenance, or any other misuse,
abuse or mishandling; (ii) force majeure including without limitation natural
disasters such as fire, flood, wind, earthquake, lightning or similar disaster;
(iii) governmental actions or inactions; (iv) strikes or work stoppages; (v)
Licensee's failure to follow applicable use or operations instructions or
manuals; (vi) Licensee's failure to implement, or to allow FixMeStick
or its agents to implement, any corrections or modifications to the Device made
available to Licensee by FixMeStick; or (vii) such
other events outside FixMeStick's reasonable control.
ABOVE WARRANTIES ARE NULL AND VOID IF ANY WARRANTY STICKERS ARE TAMPERED WITH
OR ARE MISSING, OR, IF THE DEVICE WAS REPAIRED OR ALTERED BY PERSONNEL OTHER
THAN THOSE AUTHORISED BY FIXMESTICK.
DISCLAIMER OF WARRANTIES
FOR THE EXPRESS WARRANTIES CONTAINED IN CLAUSE 5, FIXMESTICK AND ANY OF ITS
LICENSORS AND SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, UNDERTAKINGS OR
REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE
IN RELATION TO THE DEVICE (INCLUDING ANY AND ALL SOFTWARE OR HARDWARE COMPONENT
INCLUDED THEREIN) INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE.
LIMITATION TO THE FOREGOING, FIXMESTICK DOES NOT WARRANT THAT THE DEVICE WILL
MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE DEVICE WILL BE ERROR
FREE OR UNINTERRUPTED OR THAT DEFECTS IN THE DEVICE (OTHER THAN HARDWARE
DEFECTS WITHIN THE HARDWARE WARRANTY) WILL BE CORRECTED. FIXMESTICK DOES NOT
WARRANT THAT THE DEVICE WILL DETECT AND/OR CORRECTLY IDENTIFY AND/OR DISINFECT
ALL THREATS, APPLICATIONS (WHETHER MALICIOUS OR OTHERWISE) OR OTHER COMPONENTS.
DOES NOT WARRANT OR REPRESENT THAT LICENSEE IS ENTITLED TO BLOCK ANY THIRD
PARTY APPLICATIONS AND EXPRESSLY DISCLAIMS LIABILITY FOR ANY SUGGESTIONS MADE
BY FIXMESTICK (INCLUDING WITHOUT LIMITATION BY ITS EMPLOYEES, CONSULTANTS AND
SUB-CONTRACTORS) IN CONNECTION WITH LICENSEE'S USE OF THE DEVICE.
FURTHER ACKNOWLEDGES AND AGREES THAT LICENSEE SHALL BE SOLELY RESPONSIBLE FOR
PROPER BACK-UP OF ALL DATA BEFORE USING THE DEVICE AND THAT LICENSEE SHALL TAKE
APPROPRIATE MEASURES TO PROTECT SUCH DATA. FIXMESTICK AND ITS LICENSORS AND
SUPPLIERS ASSUME NO LIABILITY OR RESPONSIBILITY WHATSOEVER IF DATA IS LOST.
LIMITATION OF LIABILITY
LICENSEE USES THE DEVICE AT LICENSEE'S OWN RISK. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIXMESTICK, ITS SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ANY OF ITS LICENSORS AND SUPPLIERS BE
LIABLE TO LICENSEE FOR (OR TO THOSE CLAIMING THROUGH LICENSEE) FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR
LOSS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF
CONTRACTS, BUSINESS INTERRUPTIONS, LOSS OF OR CORRUPTION OF DATA HOWEVER CAUSED
ARISING OUT OF RELATING TO THIS AGREEMENT, OR CAUSED BY THE DEVICE, OR THE USE,
MISUSE OR INABILITY TO USE THE SOFTWARE, THE SERVICES, THE WORK PRODUCTS OR
THE, EVEN IF FIXMESTICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION,
WHETHER IN WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT
LIABILITY OR UNDER ANY OTHER LEGAL THEORY.
NO EVENT SHALL FIXMESTICK'S AGGREGATE LIABILITY TO LICENSEE ARISING OUT OF OR
IN CONNECTION WITH THIS LICENCE AGREEMENT, FROM ALL CAUSES OF ACTION AND
THEORIES OF LIABILITY, EXCEED THE AMOUNTS PAID BY LICENSEE FOR THE DEVICE.
OPTIONAL DATA SHARING
Licensee does not choose to allow: (i) sharing of
data with FixMeStick in order to improve protection
and/or application control; or (ii) remote assistance, this Clause 8 does not
apply to Licensee.
Licensee chooses to allow sharing of such supplementary data with FixMeStick or authorise FixMeStick
to provide remote assistance, Licensee shall be deemed to have agreed to
implement optional functions which allow the Device to provide FixMeStick with various data. While FixMeStick
does not intend that such data include proprietary, confidential or
user-identifiable data, by enabling this option Licensee acknowledges that it
may be possible for such data to include proprietary, confidential or
user-identifiable data and Licensee represents to FixMeStick
that Licensee has obtained all necessary permissions to share such data with FixMeStick.
8.3 Licensee agrees that FixMeStick may use any technical information provided by
Licensee, including without limitation information provided under the terms of
this Clause 8, for its business purposes, including without limitation for
product support and development.
To improve the detection of malicious software, the following
information may be automatically transferred to FixMeStick
and its OEM suppliers for which each OEM supplier becomes a rightholder:
- Checksums of processed files (MD5).
- Potentially malicious files.
- The name and the version of the anti-virus software.
- Checksums of the detected object name (MD5).
Obtained information will be treated anonymously, and may contain
personal or confidential information of the Licensee.
Device may include confidential information that is secret and valuable to FixMeStick and its licensors. Licensee is not entitled to
use or disclose that confidential information other than strictly in accordance
with the terms of this License Agreement.
Licensee agrees to release, indemnify, defend and hold harmless FixMeStick and any of its licensors, suppliers, agents,
employees, officers, directors, shareholders, affiliates and assigns from all
liabilities, claims, damages, costs and expenses, including reasonable
attorney's fees and expenses, of third parties relating to or arising out of
(a) Licensee's breach of this License Agreement, or (b) Licensee's use or
misuse of the Device or the use or misuse of the Device by a User or by a
third party under Licensee's control. FixMeStick may,
at its own expense, assume the exclusive defense and control of any matter
otherwise subject to indemnification by Licensee, but its doing so shall not
excuse Licensee's indemnity obligations in this License Agreement. The terms of
this Clause 10.1 will survive any termination or cancellation of this License
from time to time modify the terms of this License Agreement. Any changes to
this License Agreement will be effective immediately for current and new Licensees.
reseller, distributor or dealer from whom Licensee may have purchased the
Device is not appointed or authorised by FixMeStick
as its servant or agent. No such person has any authority, either express or
implied, to enter into any contract or provide Licensee with any
representation, warranty or guarantee with or to Licensee or to translate or
modify this License Agreement in any way on behalf of FixMeStick
or otherwise to bind FixMeStick in any way
agrees to pay the Fee in full in accordance with an invoice from FixMeStick, or an authorised reseller, distributor, or
dealer, if applicable. Unless otherwise stated, the Fee is exclusive of any
federal, state, provincial, municipal or other governmental taxes, duties,
licenses, fees, excises or tariffs. Licensee agrees to pay such taxes.
License Agreement constitutes the entire agreement between the parties with
respect to the use of the Device licensed hereunder and supersedes all prior
understandings regarding such subject matter.
illegality, invalidity or unenforceability of any part of this License
Agreement will not affect the legality, validity or enforceability of the
License Agreement is governed by and interpreted in accordance with the laws of
the Province of Quebec, Canada without regard to any conflict of law principles
to the contrary. The 1980 U.N. Convention
on Contracts for the International Sale of Goods or any successor thereto
does not apply. Licensee hereby irrevocably agrees to submit to the
jurisdiction of the provincial and federal courts located in Montreal, Quebec
any dispute arising out of or in connection with this License Agreement,
including any question regarding the Device. Licensee will not prosecute any
action, suit, proceeding or claim arising under or by reason of this License
Agreement except in such courts.
13.6 Licensee will not assign this License Agreement
to any third party without FixMeStick's prior written consent. FixMeStick may assign this License Agreement
or any rights under this License Agreement to any third party without Licensee's consent. Any
assignment in violation of this Section will be void.
13.7 Any notices
required to be given in writing to FixMeStick or any
questions concerning this License Agreement should be addressed to The Company
Secretary, FixMeStick Technologies Inc. 5 Renfrew Ave,
Westmount, QC, H3Y2X3, Canada.
Copyright FixMeStick Technologies Inc. 2018
The software included in this product contains copyrighted software that is licensed under the GPLv3. A copy of that license is below,
Version 3, 29 June 2007
Copyright © 2007 Free Software Foundation, Inc. <https://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
The GNU General Public License is a free, copyleft license for software and other kinds of works.
The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users. We, the Free Software Foundation, use the GNU General Public License for most of our software; it applies also to any other work released this way by its authors. You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.
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You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.
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You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.
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If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.
A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.
If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.
Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU Affero General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the special requirements of the GNU Affero General Public License, section 13, concerning interaction through a network will apply to the combination as such.
The Free Software Foundation may publish revised and/or new versions of the GNU General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU General Public License, you may choose any version ever published by the Free Software Foundation.
If the Program specifies that a proxy can decide which future versions of the GNU General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program.
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THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
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