CasterStats 3.0

EULA - End User License Agreement

CasterStats Copyright (C) TouchCast SA 1. License TouchCast SA grants you a non-exclusive license to install and use a copy of the software on a single computer held or controlled by you. You may transfer the software between computers only if it is first removed from the old computer prior to being installed on the new one. You may only install and use the software within your own organization. You shall not reverse engineer, disassemble or decompile all or part of the Program. You are permitted to copy the documentation only for your own use. You are permitted to make only one back-up copy. The sale and sub-licensing of the software are forbidden. This license shall not be transferred or assigned without the prior written agreement of TouchCast SA or an approved distributor. 2. Warranty disclaimer THE SOFTWARE IS SUPPLIED "AS IS" WITHOUT WARRANTY OF ANY KIND. TOUCHCAST SA, ITS LICENSORS AND THEIR EMPLOYEES: (1) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, (2) DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SOFTWARE, (3) DO NOT REPRESENT THAT USE OF THE SOFTWARE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS, (4) DO NOT WARRANT THAT THE SOFTWARE WILL FUNCTION UNINTERRUPTED, THAT IT IS ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. 3. Limitation of liability IN NO EVENT WILL TOUCHCAST SA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF DATA, FOR ANY REASON WHATSOEVER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF TOUCHCAST SA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL TOUCHCAST SA'S LIABILITY FOR DAMAGES ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. 4. Indemnity The Licensee shall indemnify, defend, and hold harmless TouchCast SA, the Software developers, the Software sponsors, and their agents, officers, and employees, against any and all claims, suits, losses, damage, costs, fees, and expenses arising out of or in connection with this Agreement. The Licensee shall pay all costs incurred by TouchCast SA in enforcing this provision, including reasonable attorney fees. 5. Term and termination The license granted to the Licensee under this Agreement will continue perpetually unless terminated by TouchCast SA in accordance with this Agreement. If the Licensee breaches any term of this Agreement, and fails to cure such breach within thirty (30) days of the date of written notice, this Agreement shall immediately terminate. Upon such termination, the Licensee shall immediately cease using the Software, return to TouchCast SA, or destroy, all copies of the Software, and provide TouchCast SA with written certification of your compliance with the foregoing. Termination shall not relieve the Licensee from its obligations arising prior to such termination. Notwithstanding any provision of this Agreement to the contrary, Sections 1 through 7 shall survive termination of this Agreement. 6. Export controls The Licensee shall observe all applicable Belgian and foreign laws and regulations (if any) with respect to the export, re-export, diversion or transfer of the Software, related technical data and direct products thereof, including, without limitation, the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations. 7. Applicable law - jurisdiction This license contract is governed exclusively by Belgian law. In the event of a dispute arising in relation to the conclusion, interpretation or execution hereof, the Belgian courts, and more specifically those of the judicial district of Liege shall have sole jurisdiction.