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END-USER LICENSE AGREEMENT FOR CINFORES SOFTWARE
IMPORTANT-READ CAREFULLY: This Cinfores End-User License Agreement (''EULA'') is a legal agreement between you (either an individual or a single entity) and Cinfores Limited for the Cinfores software product(s) accompanying this EULA, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials (''SOFTWARE PRODUCT''). By installing, copying, or otherwise using the SOFTWARE PRODUCT or any UPDATES (as defined below), you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or otherwise use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund. In addition, by installing, copying, or otherwise using any updates or other components of the SOFTWARE PRODUCT that you receive separately as part of the SOFTWARE PRODUCT (''UPDATES''), you agree to be bound by any additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or otherwise use such UPDATES.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. NOTE: The terms of a printed, paper
EULA which may accompany the SOFTWARE PRODUCT supersede the terms of any on-screen EULA found within the SOFTWARE PRODUCT.
1. LICENSE TO USE SOFTWARE PRODUCT.
1.1 General License Grant. Cinfores grants to you as an individual, a personal, nonexclusive license to make and use one (1) copy of the SOFTWARE PRODUCT for the sole purposes of an Exam Preparation tool (Supplement).
You may install additional copies of the SOFTWARE PRODUCT on other computers provided you buy extra licenses to activate the SOFTWARE PRODUCT. If you are a school or a commercial entity such as a Business center, Computer Training center
or Cybercafé, Cinfores grants you no License to use this HOME VERSION of BrainFriendTM, unless your school or Organisation acquires the ENTERPRISE VERSION License and/or AUTHORIZATION from Cinfores to use the SOFTWARE
PRODUCT in the manner provided above.
1.2 Documentation. This EULA grants you, as an individual, a personal, nonexclusive license to make and use two (2) copies of any documentation, provided that such copies shall be used only for personal purposes
and are not to be republished or distributed (either in hard copy or electronic form) beyond the user's premises
1.3 Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on computers used by a licensed
end user in accordance with Section 1.1. A single license for the SOFTWARE PRODUCT may not be shared or used concurrently by other end users.
1.4 Cinfores BrainFriendTM Bitmaps. On no circumstance are you allowed to make any copy of the BITMAP files accompanied with the software for other use outside that provided by the CINFORES SOFTWARE (BrainFriendTM).
1.5 Cinfores BrainFriendTM Audio. On no circumstance are you allowed to make any copy of the Audio files accompanied with the software for other use outside that provided by the CINFORES SOFTWARE (BrainFriendTM)
1.6 Cinfores BrainFriendTM Database(s). On no circumstance are you allowed to make any copy of the Database files accompanied with the software for other use outside that provided by the CINFORES SOFTWARE (BrainFriendTM).
1.7 Additional Rights and Restrictions.
THIS ADDITIONAL RIGHTS AND RESTRICTIONS ARE DONE TO PROTECT CINFORES AND END-USERS OF THIS SOFTWARE FROM THE MENACE OF SOFTWARE PIRACY THAT IS PLAGUING SOFTWARE DEVELOPERS AND THEIR END USERS.
CAREFULLY GO THROUGH THIS PART TO AVOID MISREPRESENTATION OF THE INTENTION OF CINFORES.
You have the right to make additional copies of the Cinfores BrainFriendTM Software as long as you have valid licenses to activate the other copies of Cinfores BrainFriendTM, and you may use each copy in the manner specified above.
NOTE: Without the online Registration (activation) with our CUSTOMER SUPPORT SERVICES, at any point registration is required by the Software, access to usage will not be granted. Moreover, since end-users have only one
(1) online registration it is advised not to share or carelessly expose the Serial ID of your licensed copy; so that someone else doesn't use it.
*If you do not have a valid license for Cinfores BrainFriendTM, you have no rights under the foregoing section.
2 DISTRIBUTION
2.1 Not For Resale Software. If the SOFTWARE PRODUCT is labelled "Not For Resale" or "NFR," then you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
2.2 Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
2.3 Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
2.4 Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Cinfores.
2.5 Customer Support Services. Cinfores may provide you with support services related to the SOFTWARE PRODUCT ("Customer Support Services"). Use of Support Services is governed by the Cinfores policies
and programs described in the user manual, in "online" documentation and/or in other Cinfores-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the
SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Cinfores as part of the Support Services, Cinfores may use such information for its business purposes, including
for product support and development. Cinfores will not utilize such technical information in a form that personally identifies you.
2.6 Software Transfer. The initial user of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include the entire SOFTWARE
PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The
transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE PRODUCT.
2.7 Separation of Components: The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use by more than one user.
2.8 Termination: Without prejudice to any other rights, Cinfores may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE
PRODUCT and all of its component parts.
3. PRE-RELEASE CODE. Portions of the SOFTWARE PRODUCT may be identified as pre-release code ("Pre-release Code"). Such Pre-release Code is not at the level of performance and compatibility of the final, generally available product offering. The Pre-release Code may not operate correctly and may be substantially modified prior to first commercial shipment. Cinfores is not obligated to make this or any later version of the Pre-release Code commercially available. The grant of license to use Pre-release Code expires upon availability of a commercial release of the Pre-release Code from Cinfores. NOTE: In the event that Pre-release Code contains a separate end-user license agreement, the terms and conditions of such end-user license agreement shall govern your use of the corresponding Pre-release Code.
4. UPGRADES. If the SOFTWARE PRODUCT is labelled as an upgrade, you must be properly licensed to use a product identified by Cinfores as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labelled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
5. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, database and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Cinfores or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Cinfores.
6. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT, any part thereof, or any process or service that is the direct product of the SOFTWARE PRODUCT (the foregoing
collectively referred to as the "Restricted Components"), to any country, person, entity or end user subject to NIGERIA export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i)
to any country to which NIGERIA has embargoed or restricted the export of goods or services.
MISCELLANEOUS
If you acquired this product in NIGERIA, this EULA is governed by the laws of the FEDERAL REPUBLIC OF NIGERIA.
If this product was acquired outside NIGERIA, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact Cinfores for any reason, please contact Cinfores via telephone or email: 0700BRAINFRIEND or brainfriend_info@cinfores.com.
LIMITED WARRANTY
LIMITED WARRANTY. Except with respect to the REDISTRIBUTABLES, which are provided "as is," without warranty of any kind, Cinfores warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the
accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Cinfores shall be substantially as described in applicable written materials provided to you by Cinfores,
and Cinfores support engineers will make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any are limited to ninety (90) days. Some states/jurisdictions
do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. Cinfores and its suppliers' entire liability and your exclusive remedy shall be, at Cinfores' option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Cinfores’ Limited Warranty and that is returned to Cinfores with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside Nigeria neither these remedies nor any product support services offered by Cinfores are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CINFORES AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CINFORES OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF CINFORES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, CINFORES' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR N500.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A CINFORES SUPPORT SERVICES AGREEMENT, CINFORES' ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.