END USER LICENSE AGREEMENT This copy of gooxml ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Baliance LLC or its subsidiaries, affiliates, and suppliers (collectively "Baliance") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product 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 COMMERCIAL AGREEMENT BY PURCHASING THE THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT PURCHASE THE SOFTWARE AND WILL BE BOUND BY THE TERMS OF THE AGPL LICENSE.   License Grant Development with Licensed Software Subject to the terms of this Agreement, Baliance grants to Licensee a personal, worldwide, non-exclusive, non-transferable license, valid for the Term, to use, modify and copy the Licensed Software by Designated Users for the sole purposes of designing, developing, demonstrating and testing Application(s), and to provide thereto related support and other services to end-user Customers. Licensee may install copies of the Licensed Software on an unlimited number of computers provided that (i) only the Designated Users may use the Licensed Software, and (ii) all Designated Users must have a valid Development License to use Licensed Software. Licensee may at any time designate another Designated User to replace a then-current Designated User by notifying Baliance in writing. Restrictions on Transfer Without first obtaining the express written consent of Baliance, you may not otherwise assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product except   Updates Licensee will be eligible for software updates for the duration of the support period of the license (12 months). Upon expiry of the support term, the Licensee will not be authorized to use further updates of the software until a new license has been purchased. However, licensees shall be allowed to continue the software as it existed at the expiration of the license term in perpetuity.   Unless otherwise agreed, Baliance shall not be responsible for providing any service or support to the Customers. 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BALIANCE 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 BALIANCE, 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 PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF BALIANCE OR ANY OTHER PARTY, EVEN IF BALIANCE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS BALIANCE'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 Product. Selection of whether to correct or replace shall be solely at the discretion of Baliance. Baliance reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Baliance is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.   Any claim must be made within the applicable warranty period. 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 Baliance to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Baliance 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 Alabama, without regard to Alabama'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.