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You ("You" which shall include you, as an individual personally, and any and all companies, legal entities, or other organizations for whose benefit you are using the Software on behalf of) may use this Software as an individual or as a corporation, free of charge subject to the following terms and conditions:
2b) You as an individual may install and use the Software on an unlimited
number of computers provided that you are the only individual using the
Software and only one copy of the Software is in use at any one time.
A separate license is required for each additional use and/or individual user
in all other cases, including entity use where there is more than one individual
user. In any case, the number of Software copies in use cannot exceed the number
of authorized individual seats as specified in the license. The Author will
provide you with a license code key that enables the Software for a Single-User
or Multiple-User license. The duration (time period) of your license and your
ability to use the Software is limited to the time period of the obtained license,
which is controlled by the license file for the Software. If you are an entity,
The Author grants you the right to designate one individual within your organization
to have the sole right to use the Software in the manner provided above.
This Agreement and your license in and to the Software will be effective upon installation of the Software and WILL TERMINATE AUTOMATICALLY AND WITHOUT NOTICE UPON THE EARLIER OF: (i) YOUR FAILURE TO COMPLY WITH ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT; OR (ii) THE RETURN, DESTRUCTION, OR DELETION OF ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION. In addition, the Author may terminate this Agreement immediately upon written notice (which shall include email) for any or no reason. The Author's rights and your obligations will survive the termination of this Agreement. 3) Illegal Usage 4) INDEMNIFICATION. You shall defend, indemnify and hold harmless the Author and its officers, directors, owners and employees, from and against any and all loss, liability, claims, damage, cost or expense, whether in tort or in contract, (including reasonable attorneys' fees and costs) relating to the breach of this Agreement by You. The obligations under the foregoing indemnities are subject to the condition that Author gives You: (1) prompt written notice of any claim or action for which indemnity is sought; (2) complete control of the defense and settlement thereof, provided all settlements adverse to the interests of Author shall be approved by Author; and (3) cooperation of the Author in such defense.
5) Choice of Law. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Washington, without regard to any choice of law rules that may require the application of the laws of another jurisdiction. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Seattle, Washington, in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of Washington, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award punitive or exemplary damages against any party.
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