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(a) "V_Uploader" refers the software programs V_Uploader and VS_UploadGenie covered by this Agreement.
(b) "Vareque" refers to Vareque Inc..
2. LICENSE This Agreement allows you to:
(a) Use the V_Uploader Software on only one computer per permissible client in you plan eg. Basic Plan = 5 clients, So you can install the VS_UploadGenie on 5 client computers. In addition you are allowed only one more installation per plan.(eg: for a total 6 installations for the Basic Plan)
(b) Make one copy of the V_Uploader in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends found on the original.
You may not make or distribute copies of the V_Uploader, or electronically transfer the V_Uploader from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the V_Uploader to a human-perceivable form. You may not modify, rent, resell for profit, distribute or create derivative works based upon the V_Uploader or any part thereof. You will not export or reexport, directly or indirectly, the V_Uploader into any country prohibited by the United States Export Administration Act and the regulations thereunder.
The foregoing license gives you limited rights to use the V_Uploader. You do not become the owner of, and Vareque retains title to the V_Uploader, and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Vareque.
5. DISCLAIMER OF WARRANTIES AND OF TECHNICAL SUPPORT:
The V_Uploader is provided to you free of charge, and on an "AS IS" basis, without any technical support or warranty of any kind from Vareque including, without limitation, a warranty of merchantability, fitness for a particular purpose and non-infringement. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. These limitations or exclusions of warranties and liability do not affect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of a business.
6. LIMITATION OF DAMAGES:
VAREQUE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF VAREQUE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Vareque and you. You agree that VAreque would not be able to provide the V_Uploader on an economic basis without such limitations.
7. GOVERNMENT END USERS (USA only):
RESTRICTED RIGHTS LEGEND
The V_Uploader is "Restricted Computer Software." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable." Manufacturer: Vareque, 440 Daily Dr #26 Camarillo CA 93010.
This Agreement shall be governed by the internal laws of the State of California, United States of America. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: Vareque, 440 Daily Dr #26 Camarillo CA 93010.