END-USER LICENSE AGREEMENT
This End-User License Agreement (Agreement) is a legal agreement between you, either as an individual or on behalf of an organization, and Copper Mountain Technologies LLC (“CMT”) regarding use of CMT software and associated documentation (the Software).
Please read this Agreement carefully before selecting "I ACCEPT THE AGREEMENT".
Acceptance
BY SELECTING “I ACCEPT THE AGREEMENT” AND CLICKING THE "NEXT" BUTTON, DOWNLOADING, OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE "I AGREE" BUTTON AND DO NOT DOWNLOAD OR USE THE SOFTWARE.
Grant of License
CMT grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Software in accordance with the terms of this Agreement. You are entitled to install as many copies of the Software as you want and use the Software for any lawful purpose consistent with this Agreement.
CMT RESERVES ALL OTHER RIGHTS NOT GRANTED BY THIS AGREEMENT.
Restrictions
1.You may not license, sell, resell, rent, lease, distribute, transmit, host, exchange the Software for anything of value, or otherwise commercially exploit the Software or make the Software available to any third party.
2.The Software may not be modified, reverse-engineered, or decompiled in any manner.
3.You may not remove or alter any proprietary notices or marks on the Software.
Disclaimers and Limitations on Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY CMT, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK.
CMT MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. CMT MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE TO MEET YOUR REQUIREMENTS.
CMT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL CMT, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE INSTALLATION, PERFORMANCE, OR USE OF THE SOFTWARE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF CMT OR ANY OTHER PARTY, EVEN IF CMT IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS CMT’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Intellectual Property
The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of CMT. CMT reserves all rights to the Software not expressly granted to you in this Agreement.
Modifications to the Software
CMT reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software with or without notice. CMT shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Software.
Term and Termination
This Agreement shall apply from the date of installation of the Software. This Agreement shall remain in effect until terminated by you or CMT. CMT may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from CMT, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Software and all copies thereof.
Upon termination of this Agreement, you shall cease all use of the Software and delete all copies of the Software.
Severability
If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect.
Amendments to this Agreement
CMT reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material CMT will provide at least a 30-day notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of CMT.
Privacy
CMT has taken reasonable steps to keep the Software free of viruses, spyware, or any other harmful code. CMT 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 your permission. CMT will not intentionally deprive you of your ability to use any features of the software or access to your data.
