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This copy of ella: Touch Typing Keyboard Trainer (“the Software Product”) and the accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. EVAS (“the Vendor”) or its subsidiaries, affiliates, and suppliers (collectively “EVAS”) own intellectual property rights in the Software Product. The Licensee’s (end user) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).

Copyright Notice

ella: Touch Typing Keyboard Trainer ©2018 EVAS, and its affiliates and assigns and licensors.

All rights reserved.

EVAS/Electronic Vision Access Solutions is the dba of Jerry’s at Misquamicut, Inc.

EVAS logo is a Trademark of EVAS.

Trademarks may be registered in some jurisdictions.

All other trademarks are the property of their respective owners.

No claim to copyright is made for original U.S. Government Works.

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT BY USING THE SOFTWARE PRODUCT.

License Grant

This Agreement entitles the use of one copy of the Software Product. You may NOT copy any or all of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer or device at any given time, on a system that allows shared use of applications, on a multi-user network, or on any configuration or system of computers or devices that allows multiple users.

Restrictions on Transfer

Without first obtaining the express written consent of EVAS, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

Restrictions on Use

This Software Product is licensed to one user.  You may not use, copy, or install the Software Product on any system or electronic appliance or on more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system or electronic appliance with more than the number of electronic appliances permitted by license, or permit the use, copying, or installation by more users, or on more computers or electronic appliances than the number permitted by license.

You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product.

Restrictions on Alteration

You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product.

Restrictions on Copying

You may not copy any part of the Software Product.

Limited Software Product Warranty

The Software Product comes with a 90 day warranty from the date of purchase.

Termination

This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.

Force Majeure

The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.

Additional Clauses

EVAS does not make any promise to provide adequate support for the product, if EVAS determines to discontinue the product.  In the event of discontinuation, EVAS will provide a best effort 30 day support to customers that are still within the one year support term.

A Third Party licensed product may exist as Computer Software, Application Programming Interfaces, Software Development Kits, Files, Hardware, or Intellectual Property.  Any Third Party licensed product, integrated by EVAS into this agreement’s product that provides specific functionality to the product; is considered proprietary technology.  Any terms, conditions, or penalties invoked upon the Third Parties product or product’s, by the End User or any other Third Party, will be held accountable and liable to the terms, conditions, or penalties set forth.

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY EVAS, EVAS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

EVAS MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. EVAS MAKES NO WARRANTY THAT OPERATION OF THE SOFTWARE PRODUCT WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. EVAS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL EVAS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF EVAS OR ANY OTHER PARTY, EVEN IF EVAS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS EVAS’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Limitation of Remedies and Damages

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the repair or replacement of any defective hardware components within the warranty period or corruption of the Software Product within the warranty period.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by EVAS to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold EVAS harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Governing Law, Jurisdiction and Costs

This Agreement is governed by the laws of Rhode Island, without regard to Rhode Island’s conflict or choice of law provisions.

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

Fair and Acceptable Use

The Vendor is allowing the end user to use the product in a fair and acceptable manner.  Fair use is defined as uninhibited access to one product instance, by one end user, for any one period of time.  Acceptable use is defined as, using the product in an advertised and supported manner set forth by the Vendor.  By using the product, the end user agrees to be in compliance with the fair and acceptable use policy defined here for the product by the Vendor.  Any questions the end user may have in regards to the fair and acceptable use policy, shall direct all questions to the Vendor.

Unacceptable Use

  • Attaching any unsupported hardware device to the product, unsupported hardware devices to include such items as: incompatible keyboards, incompatible speakers, incompatible  headsets, monitors, network cables, blue tooth devices, printers, computer mice, trackballs, webcams, scanners, radio antennas, SCSI devices, SATA Devices, micro-sd cards, USB flash drives, non-issued power adapters.
  • Attaching any device that creates a connection utilizing any of the following ports of communication: RJ-45, GPIO, HDMI, MIPI DSI, MIPI CSI, IEEE 802.11.b/g/n/ac, Bluetooth, BLE,
  • Duplicating or transferring any data contained on any of the product’s storage media.
  • Opening, dismantling, or modifying the physical components of the product in any way.

Compliance Any attempt by or on behalf of the end user, to access the product in an unfair or unacceptable manner, will not be supported by the Vendor, and may void all future support obligations.  Furthermore unfair or unacceptable use by or on behalf of the end user, will release the Vendor of all liability and legal obligations.  Finally; the product owner may be held liable, for any or all damages caused to the product or Vendor through unacceptable and or unfair use of the product, by or on behalf of the end user.

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