This license applies to the licensed version of ShaoLin Aptus (''Aptus''). You may use this Software only as described in this license.
IMPORTANT '' READ CAREFULLY: This End-User License Agreement ("EULA'') is a legal agreement between you (either an individual or a single entity) and ShaoLin Microsystems Limited (''ShaoLin'') for the ShaoLin software product identified above. Before loading ShaoLin Server Software: By loading or otherwise utilizing the root file system and application files of the ShaoLin Server Software listed above ''Server Software'', you agree to be bound by the terms of this EULA (''Client CPU License'' ).
If you do not agree to all of the terms and conditions of this Client CPU License (''CCL''), then: (a) do not copy, install, distribute or use any copy of CCL with which this License is included, and (b) in addition, if you paid ShaoLin or an authorized ShaoLin distributor or reseller for a package consisting of one or more copies of CCL, you may return the complete package unused, within thirty (30) days after purchase, for a full refund of your payment.
1. GRANT OF LICENSE
a) Overvew. This CCL describes your rights to load or utilize the root file system and application files of Server Software licensed by you, provided that you comply with all terms and conditions of this CCL. This CCL does not grant you any right to load or utilize the root file system and application files of Server Software that is not licensed by you. The root file system and application files of Server Software are considered to be loaded or utilized when there is a direct or indirect connection between a computer, PC, workstation, terminal, handheld PC, or other digitial electronic device (each of the foregoing a ''Device'') by the number of Central Processing Unit (each of the foregoing a ''CPU'') and the Server Software running on a computer (the computer running the Server Software shall be referred to as the ''Aptus Server'').
b) Use Of The CCL. This CCL must be dedicated to one unique CPU. It permits that CPU to load or otherwise utilize the root file systems and application files of the Server Software running on one (1) Aptus Server that you must designate. This CCL grants you the right to load or utilize only Aptus Server and does not entitle you to load or utilize any Server Software components of Aptus Server which you have acquired separately or as part of any other ShaoLin Aptus product.
c) Reservation Of Rights. All rights not expressly granted are reserved by ShaoLin
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
a) Version Limitation. The Server Software contains a certain version number (such as version ''2.2''). This CCL permits you to load or otherwise utilize the root file system and application files of: (i) any Server Software with the same digits to the left and immediately to the right of the version number''s decimal point as the digits in the Server Software version number listed above, or (ii) any Server Software with a lower version number than the version number of the Server Software listed above. From time to time, ShaoLin may, in its sole discretion, permit you to use this CCL to load Server Software with a higher version number of the Server Software listed above.
b) Not For Resale Client CPU License. If this CCL is labeled ''Evaluation Only'' or ''Not for Resales'', or is provided to you in conjunction with Server Software that is labeled ''Evaluation Only'' or ''Not for Resales'', then you may use this CCL only to load or otherwise utilize the root file system and application files of Server Software labeled ''Evaluation Only'' or ''Not for Resales''.
c) School Edition. If this CCL is identified as ''School Edition'', you must be a ''Qualified Educational User'' to use it. If you are not a Qualified Educational User, you have no rights under under this CCL.
d) Client CPU License Transfer. You may transfer this CCL to another CPU only on a permanent basis (this is, with intent to transfer again) provided the CPU from which you have transferred the CCL no longer loades or otherwise utilizes the root file system and application files of Server Software. You may change this CCL has been designated to load only in conjunction with a transfer of the Server Software to another computer or a permanent transfer of the Server Software, in accordance with the terms of the Server License for ShaoLin Aptus (''Server License''). The initial user of this CCL may make a one-time permanent transfer of this CCL only directly to an end user. Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this CCL, including the obligation not to further transfer CCL.
e) Termination. Without prejudice to any other rights, ShaoLin may terminate this CCL if you fail to comply with the terms and conditions of this CCL. In such event, the Server License for the Server Software that you used in conjunction with the CCL that was terminated is also terminated, and you must destroy all copies of such Server Software and its CCL.
f) Upgrade. If this CCL is labelled as an upgrade, you must have a valid CCL for the prior version of the product that is being upgraded (''Eligible Product'') for this CCL to be valid, and this CCL must be used to replace such CCL for teh Eligible Product. The total number of CCL ''Upgrade'' you may acquire may not exceed the total number of CCLs that you had already acquired for the Eligible Product at the time you upgraded to the Server Software listed above.
g) Disclaimer Of Warranties. To the maximum extent permitted by applicable law, ShaoLin and its distributors and resellers (each of the foregoing a ''Suppliers'') provide this CCL as is and with all faults, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to this CCL. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to this CCL.
h) Exclusion Of Incidental, Consequential And Certain Order Demages. To the maximum extent permitted by applicable law, in no event shall ShaoLin or its Suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, demages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to this CCL, even in the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of ShaoLin or any supplier, and even if ShaoLin or any Supplier has been advised of the possibility of such damages.
i) Limitation Of Liability And Execlusive Remedy. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all demages referenced above and all direct or general demages), the entire liability of ShaoLin and any of its Suppliers under any provision of this CCL and your execlusive remedy for all direct or general damages), the entire liability of ShaoLin any any of its Suppliers under any provision of this CCL and your execlusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for this CCL. The foregoing limitations, exclusions and disclaimers (including Clause 2g), 2h) and 2i) above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.
j) Export Restrictions. You agree that you will not export or re-export the CCL, any part thereof, or any process or service that is the direct product of the CCL, to any country, person or entity subject to export restrictions of HKSAR.
k) Applicable Law. If you acquired this CCL in Hong Kong Special Administrative Region (''HKSAR''), this CCL is governed by the laws of HKSAR. If this CCL was acquired outside the HKSAR, then please refer to the Applicable Law of the city, state, province, or country of territory.