END USER LICENSE AGREEMENT FOR IOLO TECHNOLOGIES, LLC
IMPORTANT: READ THIS END USER LICENSE AGREEMENT (THIS "CONTRACT") CAREFULLY.
IF YOU DOWNLOAD, INSTALL OR USE THE SOFTWARE PRODUCT THAT ACCOMPANIES OR IS ASSOCIATED WITH THIS CONTRACT (THE “SOFTWARE”), THIS CONTRACT WILL BECOME A LEGALLY BINDING AGREEMENT BETWEEN YOU AND IOLO TECHNOLOGIES, LLC (“IOLO”). IF YOU DO NOT AGREE TO OR WISH TO BE BOUND BY THIS CONTRACT, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE AND RETURN IT FOR A REFUND WITHIN 30 DAYS OF THE DATE THAT YOU PAID FOR THE SOFTWARE. PLEASE SEE IOLO’S RETURN POLICIES SET FORTH AT WWW.IOLO.COM/CUSTOMERCARE/EULARETURNS FOR INFORMATION ABOUT HOW TO RETURN THE SOFTWARE FOR A REFUND.
1. THE SOFTWARE; OWNERSHIP; THIRD PARTY MATERIALS
(a) Components, software, data, files, documentation, code, content and other materials (“Components”) that are supplied to you with or generated by or through the use of the Software are part of the Software, and are encompassed by any reference in this Agreement to the Software, except as stated in paragraph 1(c) below.
(b) The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. YOU ARE LICENSING THE SOFTWARE, NOT BUYING IT. IOLO RETAINS OWNERSHIP OF ALL COPIES OF THE SOFTWARE (INCLUDING THE COPY(IES) PROVIDED TO OR MADE BY YOU) AND OF ALL INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE.
(c) Components that are proprietary to Microsoft Corporation or other third parties (collectively, “Third Party Components”) may be provided to you by iolo along with or during the process of downloading or installing the Software, including any Updates (as defined below). If iolo provides Third Party Components to you under a license or other grant of rights from that third party, then the Third Party Component is not part of the Software, and your rights and obligations with respect to those Third Party Components are as set forth in that third party license or other grant of rights. Of course, you should carefully read any such license or other grant of rights. iolo has no obligations to you whatsoever relating to any Third Party Components.
(d) The network services, Third Party Components, or other software or products other than the Software upon which the Software's performance depends might be interrupted or discontinued at the discretion of the suppliers (software suppliers, service providers, or iolo). Neither iolo nor its suppliers warrants that those software products, network services, or other products will continue to be available or that they will operate without interruption, modification, inaccuracy or error.
2. GRANT OF LICENSE
(a) iolo grants you a limited, personal, non-transferrable (except as stated in paragraph 6 below), nonexclusive and revocable license to use the Software in compliance with this Contract. YOU ARE NOT LICENSED OR OTHERWISE AUTHORIZED TO USE THE SOFTWARE IN ANY WAY THAT VIOLATES THIS CONTRACT. IF YOU VIOLATE THIS CONTRACT, YOUR RIGHT TO USE THE SOFTWARE WILL AUTOMATICALLY AND IMMEDIATELY TERMINATE, WITHOUT NOTICE. UPON TERMINATION OF YOUR RIGHT TO USE THE SOFTWARE, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SOFTWARE.
(b) You may use the Software on only one computer except to the extent that paragraph 2(b)(i) below or Paragraph 2(b)(ii) below specifically authorizes you to allow the Software to be used on more than one computer.
(i) COMMERCIAL MULTI-USER RIGHTS.
“Business” means a company, sole proprietorship, corporation, partnership, other business entity, charitable organization, governmental entity or school, university or other educational entity.
“Commercial Multi-User Documentation” means a sales receipt or other document that iolo or an iolo authorized reseller or distributor provides to you that states that you are authorized to allow the Software to be used for commercial purposes on more than one computer.
If you received and have retained Commercial Multi-User Documentation in connection with this Contract, you may allow the Software to be used on the number of computers specified in your Commercial Multi-User Documentation (or five (5) computers if no number of computers is specified on your Commercial Multi-User Documentation). Each of those computers must be owned and controlled by your Business and used primarily for business, governmental or charitable purposes in the conduct and operation of that Business.
(ii) FAMILY USERS.
Your “Significant Other” means your spouse or registered domestic partner or, if you are not married and have no registered domestic partner, then “Significant Other” may refer to the individual, if any, with whom you have a committed relationship that is substantially similar to marriage or registered domestic partnership.
“Family Member” means you, your Significant Other, and your or your Significant Other’s children, grandchildren, parents, grand parents and siblings, regardless of whether their relationship to you or your Significant Other is biological, step or adoptive.
Use of the Software for “Family Purposes” includes only use for personal or household purposes and specifically excludes any use for business, governmental or charitable purposes.
If you use the Software primarily for Family Purposes, then you may allow the Software to be used on any computer that is both (i) owned and controlled by a Family Member whose primary residence is the same domicile as your primary residence and is the primary user of that computer and (ii) used by that Family Member primarily for Family Purposes. You have no rights under this paragraph 2(b)(ii) if you received any Commercial Multi-User Documentation in connection with this Contract or if you use the Software primarily for business, governmental or charitable purposes.
For avoidance of doubt, each individual may have only one primary residence, which will be determined for purposes of this Contract using the criteria and factors that are then used to determine primary residence for purposes related to United States income taxes.
(c) “Other User” means anyone other than you that you rightfully allow to use the Software under paragraph 2(b)(i) or paragraph 2(b)(ii) above. You are responsible to ensure that all Other Users comply with this Contract. Any violation of this Contract by any Other User will be deemed to be a violation by you. As a result, (i) your liability to iolo for any violation of this Contract by any Other User will be the same as your liability would have been if you had committed the violation yourself and (ii) if any Other User violates this Contract, your right to use the Software will automatically and immediately terminate, without notice. If your right to use the Software terminates for any reason, then the right of all Other Users to use the Software immediately and automatically terminates, without notice. If any Other User ceases to qualify as an Other User (for example, if the Other User ceases to be your Family Member or moves away from your primary residence), he or she must cease all use of the Software. Similarly, if any computer ceases to qualify as a computer on which you may allow the Software to be used under paragraph 2(b)(i) or paragraph 2(b)(ii) above, all use of the Software on that computer must cease and all copies of the Software on the hard drive or other fixed storage medium of that computer must be deleted or uninstalled.
(d) The right under this Contract to use the Software on a computer includes the right to install the Software on the hard disk or other fixed storage medium of that computer and to copy the Software or parts of the Software onto the random access memory of that computer as necessary to enable the Software’s use on that computer. However, you understand that the Software is deemed to be used on any computer that accesses or benefits from the Software through a local area or other network (including the Internet) or by any other means, whether or not the Software is installed or copied onto the hard disk, other fixed storage medium or random access memory of that computer. Thus, if all or part of the Software is installed on the hard disk or other fixed storage device of a computer, is at any time copied onto the random access memory of that computer, or is at any time accessible by that computer over any network or other connection or communication mechanism, you must be authorized to use the Software on that computer or to allow the Software to be used by an Other User on that Computer. Similarly, except as provided in paragraph 2(e) below, you may not use the Software to affect or act upon a component (such as a hard drive) of any computer on which you are not authorized to use the Software, including, for example, by attaching or connecting that component or computer to any computer on which the Software is installed or from which it is accessible.
(e) The Software may include features that that are specifically intended to enable you to control or affect other computers or components of other computers remotely over a local area or other network, as indicated in the documentation provided to you with the Software (“Remote Administrator Features”). You do not need to license a copy of the Software for each computer that you control or affect remotely using any Remote Administrator Feature, provided that you do not install the Software on or access the software from any such computer and that you use such Remote Administrator Feature solely as described in the Software’s documentation.
(f) iolo grants you the right to make a back-up copy of the Software. The back-up copy may be used only if an authorized installed copy of the Software becomes unusable. The back-up copy must include all proprietary rights notices appearing on the original and must remain in your possession and control. Other Users are not allowed to make back-up copies.
(g) Except as specifically permitted in this Contract, you may not (i) copy the Software, (ii) modify or translate the Software or separate out any of its components for use with other software (except to the extent contemplated in the associated user documentation provided by iolo), (iii) use the Software to provide time sharing, service bureau, application service provider or similar services, (iv) tamper or in any way interfere with the operation of the Software or any related service, including by making any efforts to defeat any copy-protection or other digital rights management device or technology used by iolo in connection with the Software or any related service or (v) decompile, disassemble, or otherwise reverse engineer or discover or reveal the source code for the Software. Further, you may not allow, encourage, motivate or assist anyone to do anything that this Contract prohibits you from doing. Your only rights that relate to the Software are the rights clearly stated in this Contract. Iolo retains all other rights that relate to the Software.
3. U.S. GOVERNMENT RESTRICTED RIGHTS
The Software is provided with RESTRICTED RIGHTS. Any use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer is iolo technologies, LLC, 7470 North Figueroa Street, Los Angeles, CA, 90041.
4. DISCLAIMER OF WARRANTIES
(a) YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. To the maximum extent allowed under applicable law, the software is provided "AS IS," without warranty of any kind, AND IOLO, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS, SUPPLIERS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. The duration of any implied warranty that is not effectively disclaimed will be limited to the longer of (i) thirty (30) days from the date that you pay for the software and (ii) the shortest period allowed under applicable law. Some states / jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
(b) WITHOUT LIMITING THE DISCLAIMER PROVIDED IN PARAGRAPH 4(A) ABOVE, IOLO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS OR SPECIFICATION NON-CONFORMITIES IN THE SOFTWARE WILL BE CORRECTED. FURTHER, IOLO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, (I) WHETHER THE SOFTWARE OR ITS USE WILL HARM, IMPAIR OR DAMAGE ANY HARDWARE, SOFTWARE OR DATA OR (II) THE SOFTWARE’S CORRECTNESS, ACCURACY OR RELIABILITY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BEFORE OR AFTER THE DATE OF THIS CONTRACT BY IOLO, ANY AUTHORIZED REPRESENTATIVE OF IOLO OR ANY OTHER PERSON WILL CREATE OR BE DEEMED TO BE ANY WARRANTY WITH RESPECT TO THE SOFTWARE. IF THE SOFTWARE IS DEFECTIVE OR MALFUNCTIONS, YOU (AND NOT IOLO) ASSUME THE ENTIRE COST AND RISK OF ALL NECESSARY SERVICING, REPAIR, REPLACEMENT OR CORRECTION OF THE SOFTWARE OR OF ANY OTHER SOFTWARE, DATA, HARDWARE, EQUIPMENT OR COMPONENT THAT IS DAMAGED OR DESTROYED AS A RESULT OF THAT DEFECT OR MALFUNCTION.
(c) IOLO STRONGLY RECOMMENDS THAT YOU PERFORM A VIRUS AND MALWARE CHECK OF ALL SOFTWARE BEFORE INSTALLATION OR USE AND THAT YOU BACK UP YOUR IMPORTANT FILES AND DATA FREQUENTLY.
5. LIMITATION OF LIABILITY
(a) NEITHER IOLO NOR ITS AFFILIATES NOR ITS OR ITS AFFILIATES’ LICENSORS, SUPPLIERS OR SERVICE PROVIDERS NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, SUPPLIERS OR REPRESENTATIVES (COLLECTIVELY, THE “IOLO PARTIES”) WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOSS OF DATA OR INFORMATION OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR ITS USE OR THIS CONTRACT, EVEN IF ANY IOLO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE IOLO PARTIES’ FOR ANY CLAIMS RELATING TO THE SOFTWARE OR ITS USE OR THIS CONTRACT, WHETHER SOUNDING IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE LIABILITY CAP SPECIFIED IN PARAGRAPH 5(B)(I) BELOW OR PARAGRAPH 5(B)(II) BELOW.
(i) PRELOADED OR BUNDLED SOFTWARE.
If you receive the Software from iolo or an iolo authorized reseller or distributor preloaded on a computer or otherwise in a transaction that includes both the Software and hardware, equipment, data, other software or services (the “Bundled Components”) and a single fee charged to you covers both the Software and some or all of the Bundled Components, so that you do not pay a separate fee that is attributable only to your license of the Software, then the liability cap will be five dollars ($5). However, (i) maintenance or other services generally provided with the Software for no additional charge are not Bundled Components and are treated as part of the Software for purposes of this paragraph, and (ii) this paragraph 5(b)(i) does not apply if all of the Bundled Components you receive with the Software are generally available for no charge or if you receive the Software from iolo or an iolo authorized reseller or distributor for no charge.
(ii) STANDALONE SOFTWARE OR NO-CHARGE SOFTWARE.
If paragraph 5(b)(i) above does not apply to you, then the liability cap will be the greater of (i) the license fee you paid for the Software or (ii) one dollar (U.S.$1.00).
(c) Some states / jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
6. TRANSFER
(a) You may permanently transfer your license under this Contract to use the Software to another person (the “Transferee”) so long as:
(i) Neither you nor any Other Users keeps any copies of Software; and
(ii) The Transferee accepts, assumes and agrees in writing to be bound by this Contract, and you retain a copy of that writing for so long as the Transferee (or any subsequent transferee) continues to use the Software.
(b) If you received any Commercial Multi-User Documentation with the Software, any transfer of your license under this Contract must include a transfer to the same Transferee of your copy of, and of any rights you have under, that Commercial Multi-User Documentation.
(c) No Other User has any right to assign, transfer, sublicense or otherwise grant any license or other rights under this Contract and will not do so or purport to do so. Except as specified in this paragraph 6, you have no right to assign, transfer, sublicense or otherwise grant any license or other rights under this Contract and will not do so or purport to do so.
(d) No partial transfer of your rights under this Contract is permitted. For example, if the applicable documentation grants you the right to use multiple copies of the Software, only a transfer of the right to use all of those copies of the Software would be valid. Immediately upon any transfer of your rights under this Contract, neither you nor any Other User will have any right under this Contract to use the Software.
(e) You will be jointly liable with any Transferee or subsequent transferee for any violation of this Contract by the Transferee or subsequent transferee.
(f) Except as specified in this Contract, you are not permitted to distribute, transmit, sublicense, lease, sell or rent the Software or any rights under this Contract to any other person.
7. SOFTWARE DATA COLLECTION AND MONITORING
(a) The Software may contain features that allow iolo and/or third parties to collect data from, control, and/or monitor computers and devices running or interacting with the Software in order to prevent unlicensed or illegal use of the Software and to perform the functions of or provide services relating to the Software. The Software may also transmit information to iolo or third parties from your computer about your computer and about operations performed on your computer for the purpose of improving iolo’s products and services or for other purposes. You acknowledge and irrevocably consent to the activities described in this paragraph 7(a).
(b) The Software may contain digital rights management technology that imposes limits on your ability to install the Software to a specified number of times on a specified number of machines. Software containing digital rights management technology requires licensing (meaning your acceptance of this Contract) as set forth during the installation process and in the documentation, and the Software may only operate for a specified period of time prior to or after licensing by the user. If you do not complete licensing during the specified time period set forth in the documentation or as prompted by the Software, the Software may cease to function. You acknowledge and agree that the activities described above may occur.
8. UPDATES
After you first install the Software, iolo may from time to time provide you with (or make available to you) updates, patches, error corrections, Components or new or modified versions for or of the Software (collectively, "Updates"). If iolo provides you with any Update or makes any Update available to you, then it will be deemed part of the Software subject to this Contract (unless it is a Third Party Component excluded from the Software under paragraph 1(c) above). Updates may be transmitted to your computer over the Internet or other network and installed on your computer, with or without notice to you and with or without your consent. You acknowledge and agree that nothing in this Contract obligates iolo to create any Updates. Further, even if iolo does create any Updates, nothing in this Contract obligates iolo to provide or make available to you any of those Updates, except as provided in paragraph 9 below.
9. MAINTENANCE
iolo's service of providing Updates (or making Updates available) to users of the Software is called "Maintenance" or "Service" with respect to the Software. You may be entitled to receive Maintenance (and hence receive or have access to any generally released Updates, subject to any requirement to accept a new end user license or amendments to this Contract as discussed below in this paragraph 9) for a limited period of time after you license the Software to the extent specified on the packaging for the Software, materials included in that packaging, your sales receipt, iolo’s Web Site or other materials provided to you by iolo or its authorized resellers or distributors that relate to your license or download of the Software. iolo may, but is not obligated to, offer to renew or extend your period of Maintenance for the Software, for a fee, at iolo’s Web Site or by other means. You acknowledge and agree that (i) Updates may delete or change features or other aspects of the Software, including functions you may rely upon; (ii) certain Updates may be necessary to allow you to continue to use some or all of the features of the Software, so the Software may not be useful to you without Maintenance; and (iii) although (except as stated above) you will be entitled during your period of Maintenance to receive any Updates that iolo creates and generally releases to its customers who then have Maintenance, nothing obligates iolo to create or generally release any Updates at any time, including, but not limited to, during your period of Maintenance. You further acknowledge and agree that, (i) if your period of Maintenance terminates or is interrupted, you may not be eligible to renew Maintenance, and (ii) you may be required to accept a new end user license agreement (to be used in lieu of this Contract) or changes or amendments to this Contract as a condition to your renewal of Maintenance or to receiving or using any Update.
10. EXPORT
You acknowledge that the Software is subject to United States and other export control laws, including the export administration regulations. You will not export, re-export or divert the Software in contravention of those laws.
11. CHANGES
AT THE TIME THAT YOU LICENSE THE SOFTWARE, THE SOFTWARE MAY NOT INCLUDE ALL (OR MAY INCLUDE DIFFERENT) FUNCTIONS AND FEATURES THAN ADVERTISED. FUNCTIONS AND FEATURES ARE SUBJECT TO FURTHER CHANGE WITHOUT NOTICE AFTER YOU LICENSE AND INSTALL THE SOFTWARE. YOU MUST ACCEPT ALL CHANGES MADE TO THE SOFTWARE, WHICH MAY INCLUDE THE INABILITY TO CONTINUE USING A FEATURE OR FUNCTION IF IOLO ELECTS IN ITS SOLE DISCRETION TO DISCONTINUE IT.
12. SEVERABILITY
If any part of this Contract is held invalid or unenforceable, the remaining parts of this Contract shall be unimpaired and remain in full force and effect. Further, if any part of this Contract is partially enforceable and partially unenforceable, that part shall be enforced to the maximum extent allowed under applicable law.
13. GOVERNING LAW; JUDICIAL REFERENCE; NO JURY TRIAL
(a) Except as provided below in paragraph 13(d), this Contract will be construed and enforced in accordance with the laws of the State of California and of the United States of America applicable to contracts entered into and performed in California by California residents.
(b) IF ANY ACTION BETWEEN YOU AND IOLO ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE SOFTWARE IS HEARD IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, THAT ACTION WILL BE DETERMINED BY JUDICIAL REFERENCE PURSUANT TO SECTION 638, ET SEQ., OF THE CALIFORNIA CODE OF CIVIL PROCEDURE BY A SINGLE REFEREE, AND IOLO AND YOU WILL ATTEMPT TO SELECT AND PROPOSE JOINTLY TO THE JUDGE A MUTUALLY AGREEABLE RETIRED JUDGE AS A REFEREE AND FAILING THAT YOU AND IOLO WILL EACH RECOMMEND TO THE JUDGE RETIRED JUDGES WHO MAY SERVE AS THE REFEREE. YOU ACKNOWLEDGE AND UNDERSTAND THAT, BY AGREEING TO JUDICIAL REFERENCE, YOU ARE AGREEING TO HAVE THE REFEREE DECIDE, WITHOUT A JURY, THE FACTUAL AND LEGAL ISSUES RELATING TO YOUR DISPUTE WITH IOLO. YOU ALSO ACKNOWLEDGE AND UNDERSTAND THAT REFEREES USUALLY CHARGE SUBSTANTIAL HOURLY FEES THAT ONE OR BOTH OF THE PARTIES TO THE DISPUTE MUST PAY. ALTHOUGH IOLO AGREES TO PAY THE REFEREE’S FEE INITIALLY, IOLO AND YOU WILL REQUEST THAT THE JUDGE ALLOCATE THE ULTIMATE RESPONSIBILITY FOR THAT FEE IN A FAIR AND REASONABLE MANNER IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 645.1. UNLESS THE JUDGE FINDS THAT YOU ARE ECONOMICALLY UNABLE TO PAY A SHARE OF THE REFEREE’S FEE, THE JUDGE MAY ULTIMATELY DECIDE THAT YOU ARE RESPONSIBLE FOR SOME PORTION OF THAT FEE.
(c) IF ANY ACTION BETWEEN YOU AND IOLO ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE SOFTWARE IS HEARD IN ANY COURT OTHER THAN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, INCLUDING, BUT NOT LIMITED TO, ANY UNITED STATES DISTRICT COURT IN CALIFORNIA OR ANY COURT SITTING IN ANY STATE OF THE UNITED STATES OTHER THAN CALIFORNIA, THEN, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, YOU AND IOLO EACH KNOWINGLY AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN THAT ACTION OR ANY PART OF THAT ACTION.
(d) Notwithstanding any other provision of this Contract, the validity and enforceability of the waiver of the right to trial by jury in Section 14(c) above will be determined in accordance with (i) the laws of the United States in any action heard by a District Court of the United States, (ii) the laws of the state in which the action is heard, if it is heard in the court of any state of the United States other than California or (iii) the laws of any other jurisdiction in which the action is heard.
14. THIRD-PARTY BENEFICIARY
The Software may include computer programming code or other Components licensed by iolo from third parties. Those third parties are beneficiaries of, and will have the right to enforce against you, all of your obligations under this Contract to the extent that those obligations relate to any computer programming code or other Components of those third parties.
15. ENTIRE AGREEMENT; WAIVER
This Contract is the entire agreement between you and iolo relating to your rights to the Software. It supersedes any prior oral or written communication and any contemporaneous oral communication relating to your rights to the Software. This Contract may not be amended except as contemplated in paragraph 8 or paragraph 9 above or by a writing signed by you and an authorized representative of iolo. Further, there being no expectations to the contrary between you and iolo, no usage of trade or other regular practice or method of dealing between you and iolo will be used to modify, interpret, supplement or alter in any manner any express terms of this Contract. No waiver of any provision of this Contract or any rights or obligations of either you or iolo under this Contract will be effective, except when done in a writing signed by the party granting the waiver, and any waiver will be effective only in the specific instance and for the specific purpose stated in that writing.
QUESTIONS OR COMMENTS
Should you have any questions concerning this Contract, you may contact iolo in writing at, 7470 North Figueroa Street, Los Angeles, California, 90041.
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