USE OF THIS SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.
TUKATECH, INC. ("TUKATECH"), the developer of the software grants you a personal, nontransferable, non-exclusive license to use the software and documentation attached to this agreement.
The Software and Documentation are copyrighted by TUKATECH and contain valuable trade secrets of TUKATECH. The user is permitted to make one copy of the software solely for backup or archival purposes; you may not transfer the Software or Documentation or otherwise make it available to anyone else. You may not disassemble, decompile, update, revise, or enhance the software.
The Software and Documentation are warranted against functional defects found during a period of three months after subscription date.
Tukatech’s sole obligation shall be to correct any such defect in a manner chosen by TUKATECH at its sole discretion.
This warranty (i) does not extend to defects arising from changes made to the software or the hardware with which it is intended to operate, (ii) will be rendered void by any evidence of tampering with the software.
Except as provided above, the Software and Documentation are licensed to you "AS IS", and TUKATECH DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TUKATECH‘s agreed maximum liability ("Agreed Maximum Liability") arising in any manner (a) from the use of the Software, Documentation, or any associated hardware; (b) from any personal injury and/or property damage or downtime arising from inaccuracies or malfunctions caused by hardware or software defects; (c) otherwise from this license agreement shall be the amount paid by you to TUKATECH for the use of the Software and Documentation.
TUKATECH SHALL HAVE NO LIABILITY BEYOND THE AGREED MAXIMUM LIABILITY FOR ANY LOST PROFITS OR DIRECT DAMAGES, AND NO LIABILITY WHATSOEVER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING FROM THE USE OF THE SOFTWARE OR DOCUMENTATION OR ANY ASSOCIATED HARDWARE. YOU RELEASE TUKATECH FROM AND AGAINST ALL LIABILITY BEYOND THE AGREED MAXIMUM LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE OR DOWNTIME ARISING EITHER DIRECTLY OR INDIRECTLY FROM INACCURACIES OR MALFUNCTION.
It is your responsibility to determine the suitability of the Software and Documentation for your purposes. You acknowledge that 100% "up" time is not realizable because of possible hardware or software defects. You recognize that such defects and failures may cause inaccuracies or malfunctions.
Your failure to comply with the terms of this agreement shall terminate your license and this agreement. Upon termination you shall be obligated to destroy all copies of the Software and Documentation and return any copy-protection device to TUKATECH.