xTools Software License Agreement
This Software License Agreement ("Agreement") is between Nova Energy Consulting Pty Ltd ("Developer") and the user of the software ("User").
By installing or using the software, the User agrees to be bound by the terms of this Agreement.
Grant of License
Developer grants the User a non-exclusive, non-transferable license to use the software on any device owned or controlled by the User, solely for the User's personal or business use.
The User shall not copy, modify, distribute, sell, or transfer the software or any portion thereof, except as permitted by this Agreement. The User shall not reverse engineer, decompile, or disassemble the software, except as may be permitted by applicable law.
The software is protected by copyright and other intellectual property laws. Developer retains all right, title, and interest in and to the software, including all intellectual property rights.
Disclaimer of Warranty
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. DEVELOPER MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET THE USER'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability
IN NO EVENT SHALL DEVELOPER BE LIABLE TO THE USER FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE.
Exclusion of Consequential and Related Damages
IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR LOSS OF DATA OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
This Agreement shall be governed by and construed in accordance with the laws of the Australia without giving effect to any principles of conflicts of law.
This Agreement constitutes the entire agreement between the User and Developer with respect to the software and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the User and Developer.
By installing or using the software, the User acknowledges that the User has read this Agreement, understands it, and agrees to be bound by its terms and conditions.
If you have any questions about this Agreement, please contact Developer at email@example.com.