End User License Agreement for EverFocus Software

IMPORTANT! This is an agreement, Please read it carefully.

This is a legal agreement between you ("You"/"Your"), the end user, and EverFocus Electronics Corporation ("EverFocus"), located at 12F, No.79, Sec. 1, Shin-Tai Wu Road, Hsi-Chih, New Taipei City, Taiwan (R.O.C.)

BY INSTALLING OR USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

1. Grant of License

Subject to your compliance with the terms of this agreement, EverFocus grants You a personal, non-exclusive, non-transferable license to install and use this software on a computer running a validly licensed copy of the operating system for which this software was designed. EverFocus authorizes you to make an archival copy of this software for the sole purpose of back-up.

2. Intellectual Property Rights

All intellectual property rights in the software and user documentation are owned by EverFocus and are protected by copyright and other intellectual property laws, international treaty provisions and applicable national laws.

3. Further Restrictions

3.1 You may not loan, rent, lease or license the software.
3.2 You must not reverse engineer, disassemble, or decompile the software.

4. Support Services

4.1. EverFocus may provide You with support services related to the software in accordance with the current terms of technical support service provided by EverFocus. The terms are published on the EverFocus Web site at http://www.everfocus.com.tw and can be changed without preliminary notification.
4.2. Any supplementary software code provided to you as part of Support Services is to be considered as part of the software and subject to the terms and conditions of this agreement.

5. No Warranties

EverFocus expressly disclaims any warranty for the software. Software is provided "as is," without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of particular purpose. EverFocus does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the software. EverFocus makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. EverFocus further expressly disclaims any warranty or representation to You or to any third party.

6. Limitations of Liability

In no event shall EverFocus be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of Your use of or inability to use software, even if EverFocus has been advised of the possibility of such damages. In no event will EverFocus be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. EverFocus shall have no liability with respect to the content of software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

7. Termination

Your license to use the software automatically terminates if You fail to comply with any provision of this agreement.

8. Miscellaneous

8.1. This agreement comes into force when you accept all the conditions stated herein by installing, copying or using this software and is binding for the entire period of the software copyright.
8.2. EverFocus guarantees that all the personal information you provide when installing and registering the software will be stored and used strictly within EverFocus.
8.3. This agreement sets out all of the terms between us in relation to the subjects covered by it.
8.4. This agreement shall in all respects be construed and interpreted in accordance with the law of Republic of China. The parties hereby agree to and submit to the exclusive jurisdiction of Taipei District Court in Taiwan (R.O.C.)

9. Compliance with Applicable Laws

You must comply with all applicable laws regarding use of the software.