Date: March 2, 2017
This End User License Agreement is a contract between you as an individual or on the organization that you represent and us, Mankua Software, for your use of PixaFlux. Please read this agreement carefully. It contains important terms that affect you and your use of the Software. By clicking, "I accept" or by downloading, installing, copying, or using the Software, you agree to be bound by all the terms and conditions of this agreement, including the disclaimers. If you do not agree to these terms and conditions of this agreement, do not install, copy, or use the software. 1. We grant you one license to install and use this software. You may create backups to the software but do not circulate/distribute them in public. If you do not agree to the following terms of this license, please uninstall and remove all copies. 2. You may install and use the software on another computer. You may make back-up copies of the software for archival purposes. 3. The software is protected by the copyright laws of Canada and other countries, and we retain all intellectual property rights in the software. You may not separately publish, sell, market, distribute, lend, lease, rent, or sublicense the software code. However, this license is not to be construed as prohibiting or limiting any fair use sanctioned by copyright law, such as permitted library and classroom usage or reverse engineering.
4. We warrant that the software will provide the features and functions generally described in the product specification on our website when you downloaded it and in the product documentation. Media on which the Software is furnished, if any, will be free from defects in materials and workmanship. 5. We have taken reasonable steps to keep the software free of viruses, spyware, "back door" entrances, or any other harmful code. We will not track or collect any information about you, your data, or your use of the software except as you specifically authorize. The software will not download or install patches, upgrades, or any third party software without getting your permission. We will not intentionally deprive you of your ability to use any features of the software or access to your data. 6. We do not warrant that the software or your ability to use it will be uninterrupted or error-free. To the extent permitted by applicable law, we disclaim any implied warranty of merchantability or fitness for a particular purpose.
7. Mankua Software is the owner of the Software. No title to the Software or such rights is transfered to Licensee by this Agreement. 8. Mankua Software shall own any enhancements or other modifications to the Software created based on any feedback provided by or on behalf of Authorized Users.
9. PixaFlux current version License is free of charge.
10. Your exclusive remedy under the above limited warranty shall be, at our option, either a full refund of the purchase price or correction of the defective software or media. To the fullest extent permitted by applicable law, we disclaim all liability for indirect or consequential damages that arise under this license agreement. Nothing in this agreement limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part.
11. Any litigation related to this license may be brought in courts where defendant practices its business and the litigation will be governed by laws of the same court.
12. If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect. This agreement does not prejudice the statutory rights of any party dealing as a consumer. 13. This agreement does not supersede any express warranties we made to you. Any modification to this agreement must be agreed to in writing by both parties. 14. This agreement will apply from the date of the installation of the software.Mankua Software www.mankua.com Burnaby, British Columbia. Canada
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