The Optimage License Agreement
This License Agreement governs your use of the "Optimage" software ("Software") provided by Vlad Danilov ("Licensor"). The Software is licensed, not sold, to You for use only under the terms of this license. The Licensor reserves all rights not expressly granted to You.
Scope of License
This license granted to You for the Software by Licensor is limited to a non-transferable license to use the Software on any device that You own or control. This license does not allow You to use the Software on any device that You do not own or control, and You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Software. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software). Any attempt to do so is a violation of the rights of the Licensor and its licensors. The terms of the license will govern any upgrades provided by Licensor that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Consent to Use of Data
You agree that Licensor may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Software. Licensor may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
The license is effective until terminated by You or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Software, and destroy all copies, full or partial, of the Software.
You expressly acknowledge and agree that use of the Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You. To the maximum extent permitted by applicable law, the Software is provided "as is" and “as available”, with all faults and without warranty of any kind, and licensor hereby disclaims all warranties and conditions with respect to the Software, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Licensor does not warrant against interference with your enjoyment of the Software, that the functions contained in the Software will meet your requirements, that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected. No oral or written information or advice given by Licensor or its authorized representative shall create a warranty. Should the Software prove defective, You assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
Limitation of Liability
To the extent not prohibited by law, in no event shall Licensor be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Licensor has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You. In no event shall Licensor’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one dollar ($1.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.