You may not assign or transfer your rights under this Agreement or your rights to the Software without the prior written consent of Elecite. Upon any such transfer or assignment, you must transfer all copies of the Software and Documentation and assignee must provide its written agreement to all the terms of this Agreement to Elecite. Proprietary Rights. You shall not remove any patent, copyright or trademark or other intellectual property notices that may appear on any part of the Software or the Documentation.
You acknowledge that the Software, in its source code form, contains valuable trade secrets belonging to Elecite and, where applicable, Providers.
You may not reverse engineer, unencrypt, decompile, disassemble or otherwise translate the Software or allow anyone else to do so. You authorize Elecite or its designee to audit your compliance with this Agreement, as Elecite deems reasonable. You acknowledge that money damages may not be an adequate remedy for any breach or violation of any requirement set forth in this Agreement and that any such breach or violation may leave Elecite without an adequate remedy at law. You therefore agree that, in addition to any other remedies available at law, in equity or under this Agreement, Elecite shall be entitled to obtain temporary, preliminary and permanent injunctive relief, without bond, from a court of competent jurisdiction to restrain any such breach or violation.
Maintenance and Support; Updates. You are not entitled to any maintenance or support for the Software or any upgrades or enhancements of such Software under this Agreement. However, any and all upgrades and enhancements made available to you shall become part of the Software and become subject to this Agreement. Use of Information; Opt Out Rights.
Information provided by you in connection with your use of the Software will be used as necessary to complete your purchase. You may choose to not receive these communications by going to the Website and modifying your settings. The terms of Elecite's Privacy Policy as available on its Website shall govern all use of your personal information by Elecite or its Providers.
You are responsible for maintaining the confidentiality of your password and member account information. You are responsible for all activities that occur in your member account and you agree to notify Elecite immediately of any unauthorized account use.
Elecite is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user member account and password. Governmental Authorizations; Third Party Charges.
You are solely responsible for obtaining any license or other authorizations applicable to your Download, purchase, and use of the Software which may be required by any federal, state, or local government agency of the United States or other jurisdiction of purchase. You may terminate this Agreement at any time by destroying or returning to Elecite all copies of the Software and Documentation in your possession or under your control.
Elecite may terminate this Agreement if the Elecite finds that you have violated any of the terms of this Agreement. Upon termination of this Agreement, you will immediately discontinue use of the Software, destroy or return to Elecite all copies of the Software and Documentation in whatever form they exist , and certify in writing that all known copies, including backup copies, have been destroyed.
All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Agreement.
Governing Law and General Terms. This Agreement shall be construed, interpreted and governed by the laws of the State of Texas without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate federal or state court sitting in Dallas County, State of Texas, USA.
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