Copyright (c) 2017 Avrio Analytics
TERMS OF SERVICE AND END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE OR SERVICE.
By receiving, opening the file package, and/or using Sibyl(“Software”) containing this software, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Avrio Analytics your use of Sibyl indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Avrio Analytics grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Sibyl in accordance with this Agreement and any other written agreement with Avrio Analytics. Avrio Analytics does not transfer the title of Sibyl or any of its underlying intellectual property of technology to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Avrio Analytics and the purchasers or users of Sibyl.
If you do not agree to be bound by this agreement, remove Sibyl from your computer now, cease to access the Sibyl website or web service and, if applicable, promptly return to Avrio Analytics by mail any copies of Sibyl and related documentation and packaging in your possession.
Sibyl and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. For information about redistribution of Sibyl contact Avrio Analytics.
Your license to use Sibyl is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Sibyl.
You shall use Sibyl in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Sibyl together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Sibyl may be used on one single computer location by one user. Use of Sibyl means that you have loaded, installed, or run Sibyl on a computer or similar device. If you install Sibyl onto a multi-user platform, server or network, each and every individual user of Sibyl must be licensed separately.
Other users may not use your copy of or account access to Sibyl. The assignment, sublicense, networking, sale, or distribution of copies of or access to Sibyl are strictly forbidden without the prior written consent of Avrio Analytics. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Sibyl. If any person other than yourself uses Sibyl 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!
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Sibyl. Nor can you create any derivative works or other works that are based upon or derived from Sibyl in whole or in part.
Avrio Analytics’ name, logo and graphics file as well as the name, logo and graphics file of Sibyl that represents Sibyl shall not be used in any way to promote products developed with Sibyl. Avrio Analytics retains sole and exclusive ownership of all right, title and interest in and to Sibyl and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Sibyl, 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 Avrio Analytics.
You will indemnify, hold harmless, and defend Avrio Analytics, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Avrio Analytics’ Software or Sibyl.
In no event (including, without limitation, in the event of negligence) will Avrio Analytics, 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, Sibyl or the use or inability to use Sibyl or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Avrio Analytics’ 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 Avrio Analytics, up to 12 months of subscription payments) after revocation of account access, account closure and 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 Avrio Analytics.
Except as expressly stated in writing, Avrio Analytics makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of the State of Tennessee, United States therefrom. If any provision 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. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Sibyl and destroy all copies of Sibyl supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY SIBYL AS WELL.
You agree that Avrio Analytics may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Sibyl. Avrio Analytics may also use this information to provide notices to you which may be of use or interest to you.
You further agree that any interaction, feedback, suggestion, comment or complaint is made the property of Avrio Analytics and may be used by Avrio Analytics to improve Sibyl or any other product of Avrio Analytics and to develop new or derivative works. You or your company (if your Sibyl account is used for business purposes) may be listed as a client and/or user of Sibyl by Avrio and on the Sibyl website.