This End-User License Agreement ("Agreement") is a binding legal contract between you ("End User" or "you") and AM5.COM ("Licensor," "we," "us," or "our").
By downloading, installing, accessing, or otherwise using any software application ("Application" or "Software") made available for download from this website (https://am5.com), you acknowledge and agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, you are not permitted to download or use any Application from our website.
This Agreement applies exclusively to the licensing of the Application and does not govern any other aspect of your use of the am5.com website, which is separately governed by our Website Terms & Conditions and Privacy Policy.
1. Acknowledgment
The Application is a third-party software product, owned and developed by its original creator (the "Third-Party Developer"). The Licensor, am5.com, acts solely as a platform for distributing the Application's historical versions. We are not the owner of the Applications provided on this website. You acknowledge that you are obtaining a limited license to use the Application, and not ownership of the Application itself.
2. License Grant
Subject to the terms and conditions of this Agreement, the Licensor hereby grants you a limited, non-exclusive, non-transferable, revocable license to download and install a single copy of the Application on a single device, for your personal, non-commercial use only.
This license is granted solely for the purpose of allowing you to use the Application for its intended purpose as determined by the Third-Party Developer.
3. Restrictions on Use
You agree not to, and you will not permit others to:
Use the Application for any purpose other than as expressly permitted by this Agreement. Modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application or any part thereof. Copy, reproduce, distribute, sell, transfer, sublicense, or otherwise make the Application available to any third party. Use the Application in any manner that violates any applicable laws or regulations. Use the Application in a way that infringes upon the intellectual property rights of the Third-Party Developer or any other third party.
4. Intellectual Property Rights
You acknowledge and agree that the Applications are the intellectual property of their respective Third-Party Developers and are protected by applicable intellectual property laws, including but not limited to copyright. All copyrights, patents, trademarks, and any other intellectual property rights in and to the Applications remain the exclusive property of the Third-Party Developer.
This Agreement does not grant you any right to use any trademark, service mark, or logo of any Third-Party Developer.
5. Disclaimer of Warranties
YOU AGREE THAT THE APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE LICENSOR MAKES NO PROMISES OR GUARANTEES REGARDING THE APPLICATIONS' PERFORMANCE, FUNCTIONALITY, QUALITY, OR SUITABILITY FOR ANY PARTICULAR PURPOSE.
WHILE WE ENDEAVOR TO PROVIDE SAFE AND CLEAN FILES, WE CANNOT AND DO NOT WARRANT THAT THE APPLICATIONS ARE FREE FROM VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOU DOWNLOAD AND USE ALL APPLICATIONS FROM OUR WEBSITE AT YOUR OWN SOLE RISK.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA LOSS, BUSINESS INTERRUPTION, OR PERSONAL INJURY.
THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, OR NEGLIGENCE) UNDER WHICH THE DAMAGES ARE CLAIMED, AND EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
7. Termination
This Agreement is effective until terminated by either you or the Licensor. Your rights under this Agreement will terminate automatically and without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Application and destroy all copies, full or partial, of the Application.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of, without regard to its conflict of law provisions.
9. Contact Information
If you have any questions about this Agreement, please contact us at: [email protected]
By downloading, installing, accessing, or otherwise using any Application from this website, you agree to be bound by the terms and conditions of this Agreement.