Terms and conditions of use
IMPORTANT: THIS END USER LICENSE AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Touch Innovations RELATED TO YOUR USE OF EMULATOR PRO OR AS AND TO THE FULLEST EXTENT OTHERWISE SET FORTH HEREIN. PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE AS YOUR USE OF THE SOFTWARE IN ANY FASHION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE” AND DO NOT USE THE SOFTWARE.
By receiving, opening the file package, and/or using Emulator PRO (“Software”) containing this software, you agree that this End User License Agreement (EULA) is a legally binding, valid, and enforceable contract and agree to be bound by all of its terms and conditions or by other intellectual property laws that may protect the intellectual property associated with Emulator PRO.
Unless you have a different license agreement signed by Touch Innovations your use of Emulator PRO indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Touch Innovations grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, assign, or otherwise transfer in any fashion whatsoever, to use Emulator PRO in accordance with this Agreement and any other written agreement with Touch Innovations. Touch Innovations does not transfer the title of Emulator PRO to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Touch Innovations and the purchasers or users of Emulator PRO.
If you do not agree to be bound by this agreement, remove Emulator PRO from your computer now and, if applicable, promptly return to Touch Innovations by mail any copies of Emulator PRO 1.5 and related documentation and packaging in your possession. Use of Emulator PRO binds you to the terms hereof.
The terms of this End User License Agreement shall apply to any and all updates of the Software and by your continued use of the Software following any updates of the Software, you are agreeing to continue to be bound by the terms and conditions hereof.
Emulator PRO and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred, assigned, or sub-licensed, in whole or in part, except that you may make one copy for archive purposes only. For information about redistribution of Emulator PRO and additional requirements or limitations that may govern such redistribuon, you may contact Touch Innovations.
Your license to use Emulator PRO is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Emulator PRO.
3.2 Use Restrictions
You shall use Emulator PRO in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Emulator PRO together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, gender, disability, sexual orientation or age is strictly prohibited.
Each licensed copy of Emulator Pro may be used on one single computer location by one user. Use of Emulator PRO means that you have loaded, installed, or run Emulator PRO on a computer or similar device. If you install Emulator PRO onto a multi-user platform, server or network, each and every individual user of Emulator PRO must be licensed separately.
You may make one copy of Emulator PRO 1.5 for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Emulator PRO. The assignment, sublicense, networking, sale, or distribution of copies of Emulator PRO are strictly forbidden without the prior written consent of Touch Innovations. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Emulator PRO If any person other than yourself uses Emulator PRO registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
When an End User purchases a version of Emulator PRO, one can modify and customize “templates” for their own use. Distribution and/or sharing of any Emulator PRO Template, whether created by the user or any other third party, is strictly prohibited and will not be permitted without prior written consent and approval from Touch Innovations upon proper submission (based on approval as may be granted by Touch Innovations in its sole and absolute discretion) to the Emulator PRO Template Library. Such approval and consent, if any, shall constitute approval and consent for distribution and/or sharing only through the Emulator PRO Template Library. If written approval and consent is granted to you by Touch Innovations, you agree that such authorizes distribution and/or sharing only through the Emulator PRO Template Library, and under no circumstances whatsoever will any Template be shared or distributed outside of the Emulator PRO Template Library. Any violation of this policy or other policies set forth herein will result in, without limitation and without advance warning or notice, de activation of the end user license(s) that downloaded the prohibited template or that otherwise violated the underlying policy in question. The uploading or submission of any Emulator PRO Template to the Emulator PRO Template Library constitutes your consent to Touch Innovations to access that Template at any time, or utilize that Template in any manner, in which Touch Innovations may deem necessary, appropriate, or desirous in its sole and absolute discretion, and without further notice or compensation to you except to the extent expressly agreed to in writing by Touch Innovations.
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, copy, modify, reverse engineer, disassemble or decompile Emulator PRO, or take any other action which would violate the intellectual property protections of Touch Innovations as related to Emulator PRO. Nor can you create any derivative works or other works that are based upon or derived from Emulator PRO in whole or in part.
Touch Innovations’s name, logo and graphics file that represents Emulator PRO shall not be used in any way to promote products developed with Emulator PRO. Touch Innovations retains sole and exclusive ownership of any and all right, title and interest in and to Emulator PRO and any and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Emulator PRO, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Touch Innovations.
3.4 Limitation of Responsibility
You agree to indemnify, hold harmless, and defend Touch Innovations , its employees, agents, owners, and distributors against any and all claims, actions, causes of action, liabilities, losses, suits, proceedings, demands, costs, and expenses (including, but not limited to, attorney’s fees), arising out of this Agreement, or in any way resulting from or connected with your use of Touch Innovations’s Software. The terms hereof shall survive termination by Touch Innovations of the license contained within this Agreement.
In no event (including, without limitation, in the event of negligence) will Touch Innovations , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Emulator PRO or the use or inability to use Emulator PRO or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence or strict liability, and your acceptance of the terms of this Agreement constitutes your intentional waiver of any right to recovery of such damages.
Touch Innovations’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Touch Innovations ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Touch Innovations.
3.6 Governing Law
This Agreement shall be governed by the laws of the state of Florida, United States of America . You hereby irrevocably submit to the exclusive jurisdiction of the courts of Florida in the United States of America in connection with any dispute arising out of the terms of this Agreement or in any way connected with the license granted to you hereunder or your use of the Software. If any provision of this Agreement shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license in Touch Innovations’s sole and absolute discretion and without further notice. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Emulator PRO and destroy all copies of Emulator PRO supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Emulator PRO AS WELL. THE SOFTWARE MAY CONTAIN ERRORS OR INACCURACIES THAT COULD CAUSE FAILURS, CORRUPTION, OR LOSS OF DATA. YOU AGREE THAT Touch Innovations SHALL HAVE NO LIABILITY OR RESPONSIBILITY RELTAED THERETO AND THAT USE OF THE SOFTWARE IS UNDERTAKEN AT YOUR OWN RISK.
CONSENT OF USE OF DATA
You agree that Touch Innovations may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Emulator PRO. Touch Innovations may also use this information to provide notices or other materials to you which we believe may be of use or interest to you.
Touch Innovations reserves the right, in its sole and absolute discretion, to update or modify the terms of this End User License Agreement in the future. Your continued use of the Software thereafter shall constitute your acceptance of such modifications.
This End User License Agreement constitutes the entire agreement between you and Touch Innovations and governs your use of the Software. It supersedes any prior agreements. Headings are for the convenience of the parties and shall not modify the substance hereof.
Touch Innovations reserves the right to take such steps in the future as it deems necessary or appropriate to enforce or verify compliance with the terms of this Agreement and you consent to the taking of such steps. You further consent to the disclosure of any and all information Touch Innovations may be requested or required disclose as part of any legal process and related to your use of the Software or as may otherwise be sought by any court or law enforcement authority.