PsychroGen 2.0.4

EULA - End User License Agreement

PSYCHROGEN 2.02010-2013 Airquest Ltd.
SOFTWARE END USER LICENCE AGREEMENT (EULA):
This Agreement is between You, (the Licensee) and Airquest Ltd. (AirQuest). By installing, running and using the Psychrogen 2.0 Software (The Software)you have agreed to be bound by the terms and conditions of this Agreement.

1. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
1. 1 Subject to the rights granted to the Licensee by this Agreement, The Licensee acknowledges that all and any proprietory rights in the Software, including but not limited to copyright and right of confidence, and in all associated documentation related to the Software shall be and remain the sole property of AirQuest. The Software is Licensed and not sold.
1.2 The Software and all copies and extracts are secret and confidential to AirQuest. The Licensee shall take all measures necessary to maintain confidence and secrecy in the Software for the duration of this Agreement and after its termination, however caused.
1.3 Code-tampering, disassembly, reverse-engineering or any other attempt to modify the Software or decrypt or decode the source code of the Software is strictly prohibited.

2. LICENCE:
2.1 In consideration of your agreeing to the terms and conditions of this Agreement, AirQuest grants you a non-exclusive right to use the Software on a single computer during the period for which the License has been granted. The Licensee may make any backup copy of the Software which is necessary for the purposes of this Agreement. The Licensee may install and use an unlimited number of copies of the Software on an unlimited number of machines. However, there can only be one instance of the Software on any given machine and each installation has to be registered and licensed individually and have its own Product Key.
2.2 The Software will periodically attempt to access the internet to verify the validity of the installation.Such attempts will be made only when the Software starts up and not while it is running. Prolonged and/or persistent inability to verify the validaty of the installation may prevent the Software from running until a successful attempt has occurred. It is entirely the responsibility of the Licensee to ensure the same level of internet accessibility as was provided during the initial registration of the Software.

3. RESTRICTIONS:
The Licensee shall not enhance, vary or adapt or otherwise modify any part of the Software nor permit the whole or part of the Software to be incorporated in any other Software. The Software is licensed for installation on a single machine only.

4. TERM:
4.1. Unlimited Duration Licences are available
4.2 AirQuest may at its discretion activate a Licence even before the relevant payment is received. However, AirQuest reserves the right to de-activate or terminate a Licence if the Licence Fee has not been received by AirQuest within what it deems a reasonable time after the activation of the Licence.

5. DELIVERY OF THE SOFTWARE:
The normal mode of delivery is by download of the full working product from the relevant website. The Software is free to download. Once downloaded, installed, and registered as per the provided instructions, the full functionality of the Software may be freely used for a specified period.

6. REGISTRATION OF THE SOFTWARE:
On-line registration is necessary before the Software can be used. Licensee details collected during registration will be used only for maintaining the Licence and for providing the Licensee with information about updates and upgrades as applicable.

7. SOFTWARE MAINTENANCE AND UPDATES
7.1 AirQuest may periodically release updates to the Software. These updates will be free. Updates are considered to be a replacement of the previously existing instance of the Software. As such all the terms and conditions applicable to the previously existing instance of the Software apply to the updated version as well.
7.2 AirQuest is not obligated to, but may at its own option, provide free email support.

8. WARRANTIES AND REMEDIES:
The full working version of the Software, without any limitations or restrictions of its functionality, is completely free to download and use for a trial period. Hence AirQuest does not offer any warranty that the Software will work on the Licensee's computer system. Neither can AirQuest offer any remedies if the software does not work on the Licensee's system. It is entirely the responsibility of the Licensee to decide whether or not the Software is fit for the purpose for which the Licensee intends to use it.
The Software is provided without any type of warranty or guarantee, including, without limitation, the implied warranties of merchantability, accuracy and validity of data and or results, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Software remains with the Licensee.

9. LIMITATION OF LIABILITY:
9.1. AirQuest shall not be liable for any loss either direct or indirect, consequential or financial, suffered by the Licensee caused by the delivery, use or performance of the Software or for negligence or breach of contract by AirQuest in relation to the Software except in respect of injury (including death) to any person caused by AirQuest's negligence.
9.2 The Licensee acknowledges that AirQuest has no control over the way in which the Software may be used and the Licensee agrees to indemnify AirQuest against all third party claims which may arise from the Licensee's possession or use of the Software.
9.3 In the event that the Software completely stops functioning due to a fault in the Software, that could reasonably have been foreseen by Airquest, Airquest's liability to the Licensee shall not exceed the residual value of the Licence Fee paid by the Licensee.

10. RESIDUAL VALUE OF THE LICENCE FEE:
For the purposes of liability, the residual value of the Licence Fee paid for the Unlimited duration Licence shall be deemed to be Nil.

11. DISCLAIMER:
The Software has been created as an aid to the Licensee and is not a substitute for experience. The Licensee accepts that the Software and associated documentation are provided 'AS IS' and without any warranty, condition or guarantee, express or implied, statutory or otherwise and that this Agreement is the complete Agreement between the parties. AirQuest makes no claims, implied or explicit, as to the accuracy of the Software. The Licensee accepts that, during the free trial period, the Licensee has determined the suitability of the Software for its intended use.
In no event will AirQuest be responsible for any lost revenue, loss of business, profits or data, or for direct, indirect, special, consequential, incidental or punitive damages, however caused arising out of the use of or inability to use the Software, even if AirQuest has been advised of the possibility of such damages.

12. GENERAL
12.1 If any provision of this Agreement is declared void or unenforceable by any court of competent jurisdiction, such provision shall be deemed separable from the remaining provisions of this Agreeement and shall not affect or impair the validity of the remaining provisions of this Agreement.
12.2 The Licence is personal to the Licensee and the Licensee shall not assign, sub-License or transfer any interest in it to any third party or exercise this Licence for the benefit of a third party. This Agreement shall be governed by English Law and the parties hereby submit to the non exclusive jurisdicton of the English Courts

AirQuest Ltd. 2010
AirQuest Ltd. 2011
AirQuest Ltd. 2012
AirQuest Ltd. 2013