TUKATECH, INC. ("TUKATECH "), the developer of the attached software grants you a personal, non-transferable, non-exclusive license to use the software and documentation attached to this agreement and continues to be the owner of the software.
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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 reverse engineer, disassemble, decompile, update, revise, or enhance the software. One license is to be installed at one computer and one user will be able to access the software at a time at that computer. The use of one license being assessed by multiple users through the use of virtual machines or throTUKATECH, INC. ("TUKATECH "), the developer of the attached software grants you a personal, non-transferable, non-exclusive license to use the software and documentation attached to this agreement and continues to be the owner of the software.
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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 reverse engineer, disassemble, decompile, update, revise, or enhance the software. One license is to be installed at one computer and one user will be able to access the software at a time at that computer. The use of one license being assessed by multiple users through the use of virtual machines or through similar technology is a breach of the license granted to you through this agreement and will result in the termination of the license to use the software which will have to be returned as provided in this agreement.
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The Software and Documentation are warranted against functional defects found during a period of three months after shipping date.
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TUKATECH’s sole obligation shall be to correct any such defect in a manner chosen by TUKATECH at its sole discretion. Â
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The warranty stated above (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.
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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.
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TUKATECH ‘s agreed maximum liability ("Agreed Maximum Liability") arising in any manner (a) from the use of the Software or Documentation; (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.
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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. BY ACCEPTING THIS AGREEMENT 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.
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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 software defects or server downtime. Tukatech associates with an outside secure server services provider which hosts the security protocol that enables licensed subscribers to Tukatech’s subscriptions to use the software. The servers are guaranteed to be operational at least 90% of the time by the server service providers however, in the event of any server failure that results in more than 20% downtime due to server failure, Tukatech will consider cases for time adjustment for all down subscribers on a case-by-case basis as per documentation provided regarding loss of use by subscriber of the software. You recognize that such defects and failures may cause inaccuracies or malfunctions and it is your responsibility to check your data.Â
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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 (KEY) to TUKATECH promptly.
 ugh similar technology is a breach of the license granted to you through this agreement and will result in the termination of the license to use the software which will have to be returned as provided in this agreement.
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The Software and Documentation are warranted against functional defects found during a period of three months after shipping date.
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TUKATECH’s sole obligation shall be to correct any such defect in a manner chosen by TUKATECH at its sole discretion. Â
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The warranty stated above (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.
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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.
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TUKATECH ‘s agreed maximum liability ("Agreed Maximum Liability") arising in any manner (a) from the use of the Software or Documentation; (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.
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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. BY ACCEPTING THIS AGREEMENT 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.
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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 software defects or server downtime. Tukatech associates with an outside secure server services provider which hosts the security protocol that enables licensed subscribers to Tukatech’s subscriptions to use the software. The servers are guaranteed to be operational at least 90% of the time by the server service providers however, in the event of any server failure that results in more than 20% downtime due to server failure, Tukatech will consider cases for time adjustment for all down subscribers on a case-by-case basis as per documentation provided regarding loss of use by subscriber of the software. You recognize that such defects and failures may cause inaccuracies or malfunctions and it is your responsibility to check your data.Â
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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 (KEY) to TUKATECH promptly.
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