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EULA - End User License Agreement



Tomato House Limited (Tomato)
End User License Agreement (EULA)

THIS EULA IS A LEGAL DOCUMENT FOR THE TOMATO SOFTWARE PRODUCT IN WHICH THIS EULA IS SHIPPED/BUNDLED WITH. SOFTWARE PRODUCT INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MATERIALS, DOCUMENTATION (PRINTED MANUALS, GUIDES, AND/OR ONLINE HELP/ELECTRONIC DOCUMENTATION) THE FOLLOWING STATES THE LICENSE AGREEMENT THAT GOVERNS YOUR USE OF THIS PRODUCT. PLEASE READ CAREFULLY BEFORE CLICKING THE ACCEPT BUTTON TO INSTALL THIS SOFTWARE PRODUCT. BY CLICKING THE ACCEPT BUTTON, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT INSTALL OR USE THE SOFTWARE PRODUCT AND RETURN THE ENTIRE PACKAGE TO TOMATO OR PLACE YOU OBTAINED THE SOFTWARE PRODUCT.

TERMS
a.You are granted a license to use this Software Product under the terms of this EULA for your personal use in your business. All title and copyrights in and to this Software Product are still owned by Tomato.
b.The license granted under this EULA commences upon the installation of this Software Product. If the Software Product you acquired is an evaluation version, you can use this Software Product up to thirty (30) days. After thirty (30) days, this Software Product will expire. To purchase this Software Product, please visit Tomato web site at http://www.tomatosoftware.com . If the Software Product was not distributed as an evaluation, the license granted under this EULA commences upon the installation of the Software Product and is effective in perpetuity unless terminated per the terms of this EULA.
c.Special software code or program may be included in / merged with the Evaluation version Software Products to disable their functionality after the expiration of the evaluation term and you agree to accept all risks resulting from the use or inability to use of this disabling code. You should not take any attempt or operation to circumvent the operation of or bypass such disabling code.
d.If you are installing this copy of Software Product as an upgrade, enhancement, update or patch or a prior release of the same Software Product, your rights under the prior license agreement for the Software Product are terminated. Your use of the Software Product (which may include the prior versions) is solely under the terms of this EULA.
e.This Software Product is for your personal use. You are not allowed to copy, translate or modify this Software Product. You may make copy of the Software Product for backup purposes on the condition that you reproduce the copyright notice on any copy of the Software Product or portion of the Software Product merged into another program. You are not allowed to reverse-engineer, disassemble, or decompile the Software Product or attempt to discover the source code, design logic, database design, structure or framework of the Software Product.
f.You are not allowed to rent, sell, distribute, lease, sublicense or transfer the Software Product or this license to any other person, party, or company. You are not allowed to rent, sell, distribute, lease, sublicense, transfer or offer use of this Software Product to others through an application provider, solution provider, service bureau, Internet or any other network.
g.If you have acquired a single user license, you may install and use one copy of the Software Product, on a single computer for use by a single simultaneous operator. If the Software Product is installed on a network, you must acquire and dedicate a license for each separate computer on which the Software Product is installed within or outside of the network.
h.This license terminates automatically if you fail to comply with any provision of this EULA. Upon termination of your rights under this EULA, you must destroy all copies of the Software Product and all of its component parts in your possession (including media, guides, printed materials, help)

LIMITED WARRANTY
Tomato warrants that this Software Product will perform substantially according to the accompanying documentation (if any) for a period of thirty (30) days from the date of original purchase as evidenced by Your receipt, on the condition that this Software Product is used on the computer system this Software Product was designed for.

Tomato''s sole obligation and liability for breach of the foregoing warranties shall be to replace or correct the Software Product, at Tomato''s sole option. Any modification of the Software Product by anyone or party other than Tomato voids the foregoing warranties.

NO OTHER WARRANTIES ARE EXPRESSESSED AND NONE SHALL BE IMPLIED. TOMATO DOES NOT WARRANT THIS SOFTWARE PRODUCT IS FREE OF BUGS, VIRUSES, ERRORS, IMPERFECTIONS, OR OMISSIONS. LIMITED WARRANTY IS VOID IF FALURE OF THE SOFTWARE PRODUCT WAS CAUSED BY OR RESULTED FROM ACCIDENT, ABUSE, MISAPPLICATION, USE OF THE SOFTWARE PRODUCT OTHER THAN AS DESCRIBED IN DOCUMENTATION (IF ANY) PACKAGED OR ISSUED BY TOMATO, USE OF THE SOFTWARE PRODUCT IN COMBINATION WITH OTHER SOFTWARE PRODUCTS THAT ARE NOT DESCRIBED AS COMPATIBLE IN THE DOCUMENTATION (IF ANY) PACKAGED OR ISSUED BY TOMATO, OR YOUR BREACH OF THE TERMS OF THIS EULA.

Some states (USA only) do not allow the limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

No oral or written information or advice given by Tomato, its dealers, distributors, representatives, agents or employees shall create a warranty, replace the warranties in this EULA or in any way increase the scope of this warranty.

LINKS TO EXTERNAL SITES
Tomato may provides links on its Web site to other Web sites on the Internet that are owned and operated by third-party vendors and other third parties not under the control of Tomato. These links are provided for Your convenience only and are not intended as a warranty of any type regarding the other Web sites or the information or services offered on such Web sites. Under no circumstances shall Tomato, or its subsidiaries or affiliates, be responsible or liable in any way for the availability of services or products offered, or the content located on or through, any such external Web site.

YOUR REMEDY
Your exclusive remedy for any breach of the Limited Warranty is to return the Software Product to Tomato or place you acquired it, with a copy of your receipt and a description of the alleged breach. At Tomato sole option, Tomato may either (a) refund to you your purchase price for the Software Product or (b) make reasonable commercial efforts to replace or repair the Software Product. If your license is for an Evaluation Version of the Software Product, your exclusive remedy for any breach of this EULA, including a breach of the Limited Warranty, shall be to terminate your rights under this EULA. Tomato shall have no responsibility if the Software Product has been modified in any way, if the media has been damaged by accident, abuse or misapplication, or if the failures arise out of use of the Software Product with other than a recommended hardware or software configuration. The foregoing warranties and remedies are exclusive.

LIMITATION OF LIABILITY
In no event shall Tomato be liable for any incidental, special, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, loss of business information, business interruption, damage to reputation, or any other pecuniary loss) arising out of the use of or inability to use the Software Product, even if Tomato or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.

In any cases, Tomato total liability to you for actual damages for any cause whatsoever will be limited to the greater of $1 U.S or the amount paid by you for the Software Product that caused such damage.

This EULA is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This EULA is governed by the laws of Hong Kong. Exclusive jurisdiction and venue for all matters relating to this EULA shall be in courts and fora located in Hong Kong and you agree to such jurisdiction and venue. In the event that any provision of this EULA is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement shall be valid and enforceable according to its terms.



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Downloads: 173
Updated At: 2024-03-27
Publisher: Tomato House Limited
Operating System: windows
License Type: Free Trial