Terms of Service

Any software program (the"Software") provided by Undersea Labs LLC and accompanying documentation is licensed and not sold. This Software is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Undersea Labs LLC or its subsidiaries, affiliates, and suppliers (collectively the "Company") own intellectual property rights in the Software. The Licensee's ("you" or "your") license to download, use, copy, or change the Software is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement"). 

Acceptance 

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY DOWNLOADING THE SOFTWARE OR BY INSTALLING, USING, OR COPYING THE SOFTWARE.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE. 

License Grant 

This Agreement entitles you to install and use one copy of the Software. This Agreement does not permit the installation or use of multiple copies of the Software, or the installation of the Software on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. 

Restrictions on Transfer 

Without first obtaining the express written consent of the Company, 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. 

Restrictions on Use 

You may not use, copy, or install the Software on any system with more than one computer, or permit the use, copying, or installation of the Software by more than one user or on more than one computer. 

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

Restrictions on Alteration 

You may not modify the Software or create any derivative work of the Software 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. 

Restrictions on Copying 

You may not copy any part of the Software except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. 

Disclaimer of Warranties and Limitation of Liability 

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY THE COMPANY, THE COMPANY 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. 

The Company makes no warranty that the Software will meet your requirements or operate under your specific conditions of use. The Company makes no warranty that operation of the Software will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE 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 TO MEET YOUR REQUIREMENTS. THE COMPANY 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 THE COMPANY, 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, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF THE COMPANY OR ANY OTHER PARTY, EVEN IF THE COMPANY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS COMPANY'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 correction or replacement of the Software. Selection of whether to correct or replace shall be solely at the discretion of the Company. The Company reserves the right to substitute a functionally equivalent copy of the Software as a replacement. If the Company is unable to provide a replacement or substitute Software or corrections to the Software, your sole alternate remedy shall be a refund of the purchase price for the Software exclusive of any costs for shipping and handling. 

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 the Company to have been caused by you. All limited warranties on the Software are granted only to you and are non-transferable. You agree to indemnify and hold the Company 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 California, without regard to California'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.