PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE CHECKING THE BOX BELOW OR DOWNLOADING THIS SOFTWARE. BY CHECKING THE BOX BELOW OR DOWNLOADING THIS SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CHECK THE BOX BELOW AND DO NOT DOWNLOAD.
1. License. The software, documentation and any fonts which you will receive by downloading this software (the "AMChat Software") are licensed, not sold, to you by Amro Mousa. Amro Mousa and/or Amro Mousa's licensor(s) retain title to the AMChat Software, and any copies which this License authorizes you to make are subject to this License. This License grants no right or license under any trademarks, service marks, or tradenames of Amro Mousa.
2. Permitted Uses and Restrictions. This License allows you to copy, install, and use the AMChat Software on a limited number of computers under your direct control based on the number of software licenses purchased by you from Amro Mousa. You may not modify and create derivative works of the AMChat Software ("Modified Software") and you may not distribute such Modified Software. You may transfer your rights under this License provided you transfer this License and a copy of the AMChat Software to a party who agrees to accept the terms of this License and destroy any other copies of the AMChat Software in your possession. Your rights under this License will terminate automatically without notice from Amro Mousa if you fail to comply with any term(s) of this License.
3. Disclaimer Of Warranty. The AMChat Software is untested or not fully tested. The AMChat Software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the AMChat Software is at your sole risk. You acknowledge that Amro Mousa has not publicly announced, nor promised or guaranteed to you, that Amro Mousa will release any future version of the AMChat Software to you or anyone in the future, and that Amro Mousa has no express or implied obligation to announce or introduce any future version of the AMChat Software or any similar or compatible product, or to continue to offer or support the AMChat Software in the future. The AMChat Software is provided "AS-IS" and without warranty of any kind and Amro Mousa EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. AMRO MOUSA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AMCHAT SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE AMCHAT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE AMCHAT SOFTWARE WILL BE CORRECTED. FURTHERMORE, AMRO MOUSA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AMCHAT SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMRO MOUSA OR AN AMRO MOUSA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE AMCHAT SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AMRO MOUSA OR AN AMRO MOUSA AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING AMRO MOUSA’S PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY AMRO MOUSA'S NEGLIGENCE.
4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL AMRO MOUSA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Amro Mousa's total liability to you for all damages exceed the amount of one dollar ($1.00).
5. Indemnification. You agree to indemnify and hold Amro Mousa harmless from any and all damages, liabilities, costs and expenses (including but not limited to attorneys' fees and costs of suit) incurred by Amro Mousa as a result of any claim, proceeding, and/or judgment to the extent it arises out of or is connected in any manner with the operation, use, distribution or modification of AMChat Software, or the combination of AMChat Software with other programs; provided that Amro Mousa notifies Licensee of any such claim or proceeding in writing, tenders to Licensee the opportunity to defend or settle such claim or proceeding at Licensee's expense, and cooperates with Licensee in defending or settling such claim or proceeding.
6. Export Law Assurances. You may not use or otherwise export or reexport the AMChat Software except as authorized by United States law and the laws of the jurisdiction in which the AMChat Software was obtained. In particular, but without limitation, the AMChat Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the AMChat Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
7. Government End Users. If the AMChat Software is supplied to the United States Government, the AMChat Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the AMChat Software are as provided in clause 52.227-19 of the FAR.
8. Controlling Law and Severability. This License shall be governed by the laws of the United States and the State of Georgia. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the AMChat Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Amro Mousa.
Where the Licensee is located in the province of Quebec, Canada, the following clause applies: The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English.