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End User License Agreement and Terms of Service This end user license agreement and terms of service (the “Agreement”) governs your access to and use of the ColorPro React software and service (collectively, “ColorPro React”) between ViewSonic Corporation (“ViewSonic”) and you as of the date you agree to this Agreement (the “Effective Date”). You are invited to evaluate ColorPro React beginning on the Effective Date, and ending when ViewSonic terminates this Agreement in accordance with Section 8 below (such period, the “Evaluation Period”).”). By clicking “I ACCEPT”, checking a box stating that you have read and agree to the Agreement, or otherwise indicating your acceptance to the Agreement is a necessary condition to receiving access to t ColorPro React. By indicating your acceptance to the Agreement you are agreeing to the terms set forth herein. Otherwise, you should not continue using ColorPro React. License. ViewSonic hereby grants you a limited-term, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use ColorPro React internally during the Evaluation Period. Except as expressly provided in this Agreement, you have no rights to access or use ColorPro React. For clarity, ViewSonic and its licensors shall own all right, title, and interest in and to ColorPro React. ViewSonic reserves all rights not expressly granted to you in the Agreement. Use and Responsibility. ou acknowledge that you are responsible for any use and access to the ColorPro React originating from your account. ColorPro React (including any prototype, beta or official release versions or names) is the Confidential Information of ViewSonic, and is experimental, pre-release, and may not function as expected. Feedback. Feedback and other information which is provided by you or derived by ColorPro React in connection with the Agreement may be used by ViewSonic to improve or enhance ColorPro React and ViewSonic shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, modify and otherwise exploit such feedback and information without restriction. Provided that the public disclosure of any such feedback or information identifiable to you shall only be by the mutual agreement of you and ViewSonic Support and Updates. ViewSonic may, but shall have no obligation to, support or provide support services to you relating to ColorPro React. ViewSonic may, however, make such services available to you at its sole discretion. ViewSonic may from time to time make available updates, enhancements and/or modifications to ColorPro React and may, at its sole discretion, provide such updates to you, but is under no obligation to do so. The provision by ViewSonic to you of such updates, enhancements and/or modifications to ColorPro React shall be subject to all covenants and conditions of the Agreement, including, but not limited to, the restrictions on your use of ColorPro React and ViewSonic’s disclaimer of warranties. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE OTHER TERMS OF THE AGREEMENT OR ANY OTHER AGREEMENT BETWEEN YOU AND VIEWSONIC, IN NO EVENT WILL VIEWSONIC OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND ARISING FROM THE AGREEMENT OR THE USE OF COLORPRO REACT, WHETHER RESULTING FROM TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHER FORM OF ACTION, INCLUDING BUT NOT LIMITED TO LOSS OR INACCURACY OF DATA OR TIME, INTERRUPTION OF USE, LOSS OF PROFITS OR REVENUE, OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF VIEWSONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Warranty. YOU ACKNOWLEDGE AND AGREE THAT VIEWSONIC DOES NOT WARRANT COLORPRO REACT IN ANY WAY, INCLUDING BUT NOT LIMITED TO PERFORMANCE OR FEATURES. ALL WARRANTIES REGARDING COLORPRO REACT, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, ARE HEREBY EXPRESSLY DISCLAIMED BY VIEWSONIC. COLORPRO REACT IS PROVIDED “AS IS” FOR EVALUATION AND TESTING PURPOSES ONLY, AND YOU ARE EXPRESSLY ADVISED NOT TO RELY ON THE FEATURES OR PERFORMANCE OF COLORPRO REACT FOR ANY REASON. YOU AGREE TO USE COLORPRO REACT WITH ALL DUE CAUTION, AND TO TAKE EVERY PRECAUTION TO ENSURE THE INTEGRITY OF DATA, HARDWARE, AND SOFTWARE IN THE SOFTWARE'S OPERATING ENVIRONMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE OTHER TERMS OF THE AGREEMENT, YOU FURTHER AGREE THAT VIEWSONIC SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA,USE OR TIME, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF VIEWSONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Term and Termination. ViewSonic shall have the right, at its sole discretion, to terminate the Agreeement immediately with or without cause upon written notice to you. In addition, the Agreement shall terminate automatically upon any termination of the provision or the service availability of ColorPro React by ViewSonic. Sections 3 and 5 - 9 shall survive any termination or expiration of the Agreement. Commercial Availability. Nothing in the Agreement shall be deemed to require ViewSonic to make the ColorPro React commercially available on any particular date or to continue the provision or service availability for any definite or indefinite period of time, nor does ViewSonic make any such representation or warranty, express or implied, regarding any aforesaid matter. Nothing in the Agreement shall be deemed to convey to you the rights to use a commercially released version of ColorPro React or any components thereof, if and when such are available. Use of such commercial product shall be subject to another agreement as ViewSonic requires in connection with such service. License Limitation. The license granted in Section 1 is conditioned upon your compliance with the following limitations. All rights not expressly granted to you are retained by ViewSonic and/or its licensor. You are not permitted and you hereby expressly agree not to: work around any technical limitations in ColorPro React or to use ColorPro React in an attempt to, or in conjunction with any device, program or service designed to, circumvent technical measures employed to control access to, or the rights in ColorPro React; tamper with, alter, or use ColorPro React in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities; rreverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of ColorPro React, except and only to the extent that applicable law expressly permits, despite this limitation; rent, lease, lend, distribute or in any way transfer any rights in the Agreement or ColorPro React to any third party without ViewSonic's prior written approval provided that such successor agrees to the terms of the Agreement and the initial user shall not retain any copies of ColorPro React; modify or make any derivative works or copies of ColorPro React, in whole or in part; remove any proprietary notices or labels on ColorPro React or any copy thereof; make any use of ColorPro React in any manner not permitted by the Agreement; and/or disclose or give others your registered information whether in public or in private, or in any way allow others to use your registered account in connection with ColorPro React. INDEMNIFICATION. You hereby agree to indemnify ViewSonic and its licensors against and hold harmless ViewSonic and its licensors from any claims, lawsuits, liability or other losses or damages, including but not limited to the reasonable attorney fees and litigation expenses, arising out of your breach of any provision of the Agreement. THIRD PARTY SOFTWARE. Third party software may be provided along with ColorPro React subject to separate license agreement from such third party. The license under the Agreement does not apply to such third party software. Licensor is not responsible for any third party software and shall have no liability for your use of third party software. GOVERNING LAWS AND JURISDICTION. You agree that the Agreement shall be governed and construed solely in accordance with the laws of the State of California without giving effect to conflicts of law principles thereof. You further agree that if you or any of your agent, representative or heir brings any litigation as the plaintiff against ViewSonic, the federal or state courts in Los Angeles, California shall have the exclusive jurisdiction in any conflict or dispute or other cause arising out of or in connection with ColorPro React or the Agreement. You further agree that if ViewSonic brings any litigation as the plaintiff against you or any of your agent, representative or heir, the federal or state courts in Los Angeles, California shall have the personal jurisdiction in any conflict or dispute or other cause arising out of or in connection with ColorPro React or the Agreement and ViewSonic may bring a litigation in either the aforesaid courts or any other courts in your place of domicile or residence. |
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