Smart Restart - License Agreements

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License Agreement

IMPORTANT NOTICE; READ CAREFULLY:
This License for Customer Use of Smart Restart® Software is the agreement which governs use of the software of Centurion Technologies and associated printed materials ('Software.'). BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.

RECITALS
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is not sold, and instead is only licensed for use, strictly in accordance with this document.

GRANT OF LICENSE
Rights and Limitations of Grant: Centurion Technologies hereby grants Customer the following non-exclusive, non-transferable right to use the Software, with the following limitations:

Rights: Customer may install the Software on a single computer owned or leased by Customer. The customer must activare software with a purchased license or uninstall the Software from the computer. Except for making one back-up copy of the Software the customer may not otherwise copy the Software. Customer agrees to reproduce all copyright and other proprietary notices on the back-up copy of the Software in the same form and manner that such copyright and proprietary notices are originally included on the Software.

Limitation: No Reverse Engineering. Customer may not reverse engineer, decompile or disassemble the Software or any portion thereof, nor attempt in any other manner to obtain the source code. Customer will not create derivative works of the Software.

No Separation of Components: The Software is licensed as a single product. It's component parts may not be separated or used separately from the other parts.

No Rental: Customer may not rent or lease the Software to someone else.

TERMINATION
This License Agreement will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the Software and all of its component parts. Customer’s obligations under this License Agreement shall survive termination.

COPYRIGHT
All title and copyrights in and to the Software (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the Software), the accompanying printed materials and any copies of the Software, are owned by Centurion Technologies. The Software is protected by copyright laws and international treaty provisions. Accordingly, Customer is required to treat the Software like any other copyrighted End-User License Agreement material, except as otherwise allowed pursuant to this License Agreement and that it may make one copy of the Software solely for backup or archive purposes. Customer acknowledges that all copies of the Software provided by Centurion Technologies or made by Customer as a back-up are the sole property of Centurion Technologies.

APPLICABLE LAW
This agreement shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of Missouri. The Missouri State Courts of St. Louis County (or if there is exclusive federal jurisdiction, the United States Court for the Eastern District of Missouri) shall have exclusive jurisdiction and venue over any dispute arising out of this License Agreement and Customer hereby consents to the jurisdiction of such courts.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
NO WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED ‘AS IS’ AND CENTURION TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CENTURION TECHNOLOGIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPRTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF CENTURION TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NO WARRANTY AGAINST INFRINGEMENT: THERE IS NO WARRANTY THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS.

Other Limitations: Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable and if a court of competent jurisdiction in a final, non-appealable judgment finds the Software licensed to Customer to be defective and to have directly caused bodily injury, death, or property damages, in no event shall Centurion Technologies’ liability exceed the greater of $1,000.00 or the price paid for the License Agreement of the Software that caused the damage. Customer acknowledges that the applicable license fee for the Software reflects this allocation of risk.

MISCELLANEOUS
If any provision of this License Agreement is inconsistent with, or cannot be fully enforced under the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This agreement is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. Customer agrees that it will not ship, transfer or export the Software into any country, or use the Software in any manner, prohibited by the United States Bureau of Export Administration or any export laws, restrictions, or regulations. This License Agreement may only be modified in writing signed by an authorized officer of Centurion Technologies.