BINARY MATRIX PRO SOFTWARE
Software License Agreement
Updated January 2014
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT “LICENSE” CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU WILL NOT BE PERMITTED TO USE THE SOFTWARE.
Note on translation: This Software License Agreement may have been translated into various languages for the convenience of Binary Matrix Pro Users. While the translation is correct to the best of Binary Matrix Pro’s knowledge, Binary Matrix Pro is not responsible or liable in the event of an inaccuracy. English is the controlling language of this Software License Agreement, and any translation has been prepared for you as a courtesy only. In the event of a conflict between the English-language version of this Software License Agreement and a version that has been translated into another language, the English-language version shall control.
1. License. The Software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (the “Binary Matrix Pro Software”) are licensed to you by Binary Matrix Pro. You own the media on which the Software is recorded, but Binary Matrix Pro and/or Binary Matrix Pro’s licensor(s) retain title to the Software. The Software that you download from http://www.binarymatrix-pro.com and any copies that this License authorizes you to make are subject to this License.
2. Permitted Uses and Restrictions. This License allows you to install and use the Software on a single computer at a time, in addition to a tablet, smartphone or other mobile device. This License does not allow the Software to exist on more than one computer at a time. You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute, or creative derivative works based upon the Software in whole or in part or transmit the Software or a network. You may not transfer or assign your rights to this License. Your rights under this License will terminate automatically without notice from Binary Matrix Pro if you fail to comply with any term(s) of this License.
3. Void Where Prohibited. Binary Matrix Pro makes no representations regarding the legality of use of this Software, its content, or related services in any country. Although the Software may be accessible worldwide, not all features, products or services provided or offered through the Software are appropriate or available for use in all countries. Binary Matrix Pro reserves the right to limit, in its discretion, the provision and quantity of any feature to any person or geographic area. If You access the Site from a jurisdiction where prohibited, You do so at your own risk and You are solely responsible for complying with all applicable local regulations.
4. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk and responsibility. The Software is provided “AS IS” and without warranty of any kind and BINARY MATRIX PRO EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. BINARY MATRIX PRO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, BINARY MATRIX PRO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY BINARY MATRIX PRO, ITS VIP COACHERS, OR ITS AUTHORIZED REPRESENTATIVE SHALL BE INTERPRETED AS ADVICE OR CREATE A WARRANTY. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH USE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ANY USE OF THE SOFTWARE OR ANY INVESTMENT BASED THEREON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN ADDITION, You understand and accept that Binary Matrix Pro cannot and does not guarantee or warrant that software available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints on your personal computer to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
5. No advice. You acknowledge that the Software or its related services are not providing or offering any legal, tax, accounting advice, or recommendation regarding suitability, profitability, investment strategy or other matter.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BINARY MATRIX PRO OR ITS AUTHORIZED REPRESENTATIVES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, ATTORNEYS, SUCCESSORS, AND ASSIGNS, LICENSORS, AND AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMIATION MAY NOT APPLY TO YOU. In no event shall Binary Matrix Pro’s total liability to you for all damages exceed the amount paid for the Software.
7. Indemnification. You agree to indemnify, defend and hold harmless Binary Matrix Pro, its affiliates, and all of their respective officers, directors, employees, agents, authorized representatives, licensors, attorneys, successors, and assigns from and against all claims, proceedings, injuries, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees and litigation expenses, relating to or arising from any breach or violation of this Agreement by You (including negligent or reckless conduct). Each of the above referenced individuals or entities reserves the right to assert and enforce these provisions directly against you, on their own behalf.
8. Term and Termination. This Software License Agreement and your right to download and use the Software will take effect at the moment you click “I ACCEPT” or you install, access, or use the Site and is effective until terminated, as set forth below. This Agreement will terminate automatically if you click “I REJECT”, with the consequence that you will not be permitted to download or access the Software. This Agreement may be terminated by Binary Matrix Pro without notice at any time and for any reason. In addition, Binary Matrix Pro reserves the right at any time and on reasonable grounds, such as any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access the Software, in whole or in part, in order to protect its name and goodwill, its business and/or other authorized users, and if you fail to comply with this Agreement, subject to the survival rights of certain provisions identified below. Termination is effective without notice. You may also terminate this Agreement at any time by ceasing to use the Software, subject to the survival rights below. Upon termination, you must remove the downloaded Software from your possession. The following provisions shall survive termination of this Software License Agreement for any reason: License (§1), Permitted Uses and Restrictions (§2), Disclaimer of Warranty on Software (§4), Limitation of Liability (§6), Indemnification (§7), Governing Law (§9), and Miscellaneous (§10).
9. Governing Law and Severability. This License, and all disputes or claims arising out of or related thereto, shall be governed by the laws of the Cyprus without applying conflicts of law rules. Any cause of action or claim arising out of use of this Software must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. Claimant and Binary Matrix Pro waive their rights to a jury trial and participation in class action litigation. All disputes arising out of or relating to this License shall be resolved by binding arbitration, except that Binary Matrix Pro is not required to arbitrate any dispute regarding confidentiality, infringement, misappropriation, or misuse of any intellectual property right, or any other claim where interim relief from a court is sought to prevent serious and irreparable injury to Binary Matrix Pro or any other person or entity. You acknowledge that any breach, threatened or actual, could cause irreparable injury to Binary Matrix Pro that is not quantifiable in monetary damages. You agree that Binary Matrix Pro shall be entitled to seek and be awarded an injunction or other appropriate equitable relief to restrain any breach of your obligations under this License. Accordingly, you waive any requirement that Binary Matrix Pro post any bond or other security in the event that any injunctive or equitable relief is sought by or awarded to Binary Matrix Pro to enforce any provision of this License. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
10. Miscellaneous. You agree that this License is for the benefit of the User, Binary Matrix Pro, and Binary Matrix Pro’s licensors. Therefore, this License is personal to you and not assignable. No joint venture, partnership, employment, or agency relationship exists between you and Binary Matrix Pro as a result of this License or arising out of your use of the Software. Binary Matrix Pro’s failure to insist upon or enforce strict performance of any provision of this License shall not be construed as a waiver of any provision or right under this Agreement or at law. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Binary Matrix Pro may assign its rights and duties under this Agreement to any party and at any time, without notice to you. Headings herein are for convenience only.
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