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End-User License Agreement For HFN, INC. Software

IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and HFN, Inc. for the HFN, Inc. Software product accompanying this EULA, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“Product”). By installing, copying, or otherwise using the Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or use the Product.

HFN, Inc. retains title and ownership of the Product, regardless of the form or media in or on which the original and other copies may exist. This EULA is not a sale of the Product or any copy.

The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

  1. GRANT OF LICENSE.
    • Software. You (either an individual or a single entity) may store, install, use, access, or otherwise interact with (“Execute”) one copy of the Product on any computer, workstation, terminal, handheld PC, pager, “smart phone,” or other digital electronic device (“Computer”). You may also make a reasonable number of copies of the Product for archival and back-up purposes. This software is not sold, it is licensed subject to the terms stated in this EULA.
    • Reservation of Rights. All rights not expressly granted are reserved by HFN, Inc.
  2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
    • Not for Resale Software. You (either an individual or a single entity) may not resell, or otherwise transfer for value, the Product.
    • Limitations on Reverse Engineering, Decompilation, and Disassembly. You (either an individual or a single entity) may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
    • Rental or Providing as a Service. You (either an individual or a single entity) may not rent, lease, or lend the Product, including providing the Product to a service bureau, multiple user or time-share participant. You (either an individual or a single entity) shall not disclose or disseminate the Product to any competitor of HFN, Inc. You (either an individual or a single entity) agree to maintain the security and confidentiality of the Product using the same degree of care used to maintain the security and confidentiality of your own proprietary and confidential information.
    • Export Limitations. You (either an individual or a single entity) may not export or re-export the Product or any copy or adaptation.
    • Support Services. Bug fixes and updates to the Product will be free of charge. You (either an individual or a single entity) acknowledge that significant enhancements that represent new or additional offerings, and support or training services will be priced separately by HFN, Inc., and may be subject to a separate agreement between HFN and you.

      HFN, Inc. may, at its discretion, cease providing Support Services at any time and without notice. Use of Support Services, if any, is governed by the HFN, Inc., policies and programs described in any user manual, “online” documentation, and/or other HFN, Inc. provided materials. Any supplemental software code provided to you as a part of Support Services shall be considered part of the Product and subject to the terms of this EULA. With respect to technical information you provide HFN, Inc. as part of the Support Services, HFN, Inc., may use such information for its business purposes, including for product support and development. HFN, Inc. will not utilize such technical information in a form that personally identifies you except to the extent necessary to provide you with support.
    • Event Logs. You (either an individual or a single entity) authorize HFN, Inc., to access directly or indirectly the database containing logs of all events detected and tasks performed by the Product (“Event Logs Database”). At a minimum, HFN, Inc.’s access to the Event Logs Database will be equal in all respects to yours. You (either an individual or a single entity) and HFN, Inc. each agree that profiling of end-user data for the purposes of reselling such data will not be permitted. The goal of providing such access is to assure a free flow of Scripts and optimal support while maintaining user security and privacy.
    • No Other Uses. You (either an individual or a single entity) may not use the Product in any way other than as expressly permitted under this EULA.
    • Product Transfer. You (either an individual or a single entity) may not transfer your rights under this EULA without the express written permission of HFN, Inc. If HFN, Inc. grants such permission, then you may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer the entire Product, and the recipient agrees to the terms of this EULA.
    • Termination. Without prejudice to any other rights, HFN, Inc. may terminate this EULA if you (either an individual or a single entity) fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Product and all of its component parts.
  3. COPYRIGHT. The Product is protected by copyright and other intellectual property laws and treaties to which HFN Inc. or its suppliers own the title, copyright, and other intellectual property rights.

  4. MISCELLANEOUS. Should you have any questions concerning this EULA, or if you desire to contact HFN, Inc., for any reason, please contact HFN, Inc. at contracts@nanoheal.com

  5. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HFN, INC. AND ITS SUPPLIERS PROVIDE THE PRODUCT AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE PRODUCT (“SUPPORT SERVICES”) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, ALL WITH REGARD TO THE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.

  6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HFN, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF HFN, INC., OR ANY SUPPLIER, AND EVEN IF HFN, INC. OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  7. LIMITATION OF LIABILITY AND REMEDIES.
    NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF HFN, INC., AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

  8. NOTICE OF AUTOMATIC INTERNET CONNECTION
    The software may cause customer’s computer, without notice, to automatically connect to the internet and to communicate with an HFN website or HFN domain for purposes such as license validation and providing customer with additional information, features, or functionality.

  9. UPDATING
    The Software may cause Customer’s Computer, without additional notice, to automatically connect to the Internet (intermittently or on a regular basis) to (a) check for Updates that are available for download to and installation on the Computer and (b) notify HFN of the results of installation attempts.

  10. TRANSACTIONAL MESSAGES
    As permitted by applicable law or as consented to by Customer, HFN may (a) send Customer transactional messages to facilitate HFN Online services or the activation or registration of the Software or HFN, or (b) deliver in-product marketing to provide information about the Software and other HFN products and Services using information including but not limited to platform version, version of the Software, license status, and language.

  11. NOTICE TO U.S. GOVERNMENT END USERS
    U.S. Government Licensing of HFN Technology. Customer agrees that when licensing HFN for acquisition by the U.S. Government, or any contractor therefore, Customer will license consistent with the policies set forth in 48 C.F.R. Section 12.212 (for civilian agencies) and 48 C.F.R. Sections 227.7202–1 and 227.7202–4 (for the Department of Defense).

    Commercial Items. For U.S. Government End Users, Software is a “Commercial Item(s),” as that term is defined at 48 C.F.R. Section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202–1 through 227.7202–4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

  12. US EXPORT REGULATIONS
    Customer acknowledges that the Software is subject to the U.S. Export Administration Regulations (the “EAR”) and that Customer will comply with the EAR. Customer will not export or re-export the Software, directly or indirectly, to: (a) any countries that are subject to U.S. export restrictions (including, but not limited to, Cuba, Iran, North Korea, Sudan, and Syria), (b) any end user whom Customer knows or has reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems, or (c) any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government. In addition, Customer is responsible for complying with any local laws in Customer’s jurisdiction which may impact its right to import, export or use the Software. If HFN has knowledge that a violation has occurred, HFN may be prohibited from providing maintenance and support for the Software.

  13. ULTRA HAZARDOUS ACTIVITIES
    This software may not be used design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems, or the operation of nuclear operations or research, medical, electrical power distribution systems.

  14. DISPUTE RESOLUTION
    Any disputes arising out of, or concerning the relationship between HFN and Customer will be submitted to binding arbitration under the rules for commercial arbitration of the American Arbitration Association, with any hearing to be held in San Jose, California. Any action brought against HFN will be by the Customer in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

  15. UPDATING TERMS OF SERVICE
    HFN may update the terms of the EULA upon 30 days notice by notification through the application or other means. If you do not agree to updated terms, this license is terminated. HFN may send messages to the user for this purpose. In the event that you do not agree with changed terms of the EULA, contact HFN at once. Your approval will be deemed if you do not object.

  16. ENTIRE AGREEMENT
    If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement may only be modified in writing, signed by an authorized officer of HFN. The English version of this agreement will be the version used when interpreting or construing this agreement. This is the entire agreement between HFN and Customer relating to the Software and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.

PORTIONS OF THIS SOFTWARE (i.e., software provided by the OpenSSL Project) ARE DISTRIBUTED WITH THE FOLLOWING LICENSE:

Copyright (c) 1998–2001 The OpenSSL Project. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/).
  4. The names “OpenSSL Toolkit” and “OpenSSL Project” must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.
  5. Products derived from this software may not be called “OpenSSL” nor may “OpenSSL” appear in their names without prior written permission of the OpenSSL Project.
  6. Redistributions of any form whatsoever must retain the following acknowledgment:
    “This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)”

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT “AS IS” AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com).

PORTIONS OF THIS SOFTWARE ARE DISTRIBUTED WITH THE FOLLOWING LICENSE:

Copyright (C) 1995–1998 Eric Young (eay@cryptsoft.com)All rights reserved.

This package is an SSL implementation written by Eric Young (eay@cryptsoft.com). The implementation was written so as to conform with Netscapes SSL.

This library is free for commercial and non-commercial use as long as the following conditions are adhered to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com).

Copyright remains Eric Young’s, and as such any Copyright notices in the code are not to be removed. If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used. This can be in the form of a textual message at program start up or in documentation (online or textual) provided with the package.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.

  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

  3. All advertising materials mentioning features or use of this software must display the following acknowledgement:
    “This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)”
    The word ‘cryptographic’ can be left out if the routines from the library being used are not cryptographic related :-).

  4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement:
    “This product includes software written by Tim Hudson (tjh@cryptsoft.com)”

THIS SOFTWARE IS PROVIDED BY ERIC YOUNG “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The license and distribution terms for any publically available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution license [including the GNU Public License.

If Customer obtains the Software in the European Community, then the following provision shall apply, notwithstanding anything stated to the contrary in this Agreement:

NOTICE TO CONSUMER IN THE EUROPEAN COMMUNITY

If Customer obtained the Software in the European Economic Area (EEA), Customer usually resides in the EEA and Customer is a consumer (that is its use of the Software is for personal, nonbusiness related purposes), then Limited Warranty does not apply to Customer’s purchase and use of the Software. Instead, HFN warrants for a period of 2 years from purchase that the Software provides the functionalities set forth in the applicable user manual (the “agreed upon functionalities”) when used on the Compatible Computer. Non-substantial variation from the agreed upon functionalities will not establish any warranty rights. THIS WARRANTY DOES NOT APPLY TO SOFTWARE THAT CUSTOMER USES ON A PRE-RELEASE, TRYOUT, STARTER, OR PRODUCT SAMPLER BASIS, OR TO FONT SOFTWARE, OR TO THE EXTENT THE SOFTWARE FAILS TO PERFORM BECAUSE IT HAS BEEN ALTERED BY CUSTOMER. To make a warranty claim, Customer must notify the HFN Customer Support Department during this 2 year period, providing details of proof of purchase of the Software. HFN will verify with Customer whether there is a defect in the Software or advise Customer that the error arises because Customer has not installed the Software correctly (in which case, HFN shall assist Customer). If there is a defect in the Software, Customer may request from HFN either a refund or a repaired or replacement copy of the Software. Requests must be accompanied by proof of purchase. In the event Customer’s warranty details are substantiated, HFN will meet Customer’s request for repaired or replacement Software, unless it is not reasonable for HFN to do so, in which case HFN will provide Customer with a refund. For warranty assistance, please contact the HFN Customer Support Department. Please note that the provisions of Section 8 (Limitation of Liability) will continue to apply to any damages claims Customer makes in respect of its use of the Software. Nonetheless, HFN shall be liable for direct losses that are reasonably foreseeable in the event of a breach by HFN of this agreement. Customer is advised to take all reasonable measures to avoid and reduce damages, in particular by making back-up copies of the Software and its computer data. This agreement, and in particular this Section is intended to describe Customer’s rights (including its statutory rights) in the event there should be problems with its use of the Software. If Customer’s statutory rights are greater than this description, its statutory rights shall apply.

Nothing included in this agreement shall limit any non-waivable right to decompile the Software that Customer may enjoy under applicable law. For example, if Customer is located in the European Union (EU), Customer may have the right upon certain conditions specified in the applicable law to decompile the Software if it is necessary to do so in order to achieve interoperability of the Software with another software program, and Customer has first asked HFN in writing to provide the information necessary to achieve such operability and HFN has not made such information available. In addition, such decompilation may only be performed by Customer or someone else entitled to use a copy of the Software on Customer’s behalf. HFN has the right to impose reasonable conditions before providing such information. Any information supplied by HFN or obtained by Customer, as permitted hereunder, may only be used by Customer for the purpose described herein and may not be disclosed to any third party or used to create any software that is substantially similar to the expression of the Software or used for any other act that infringes the copyright of HFN or its licensors.

If Customer obtains the Software in Australia, then the following provision shall apply, notwithstanding anything stated to the contrary in this Agreement:

NOTICE TO CONSUMERS IN AUSTRALIA:

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Our software products also come with a 90-day limited warranty given by HFN, with an office at 2099 Gateway Place #350 San Jose, California 95110 US, as set out in the Agreement. If your products do not provide the general features and functions described in the User Documentation in the 90-day period after delivery to you, please call email HFN at 855.436.4621 with details of your product, serial number, and proof of purchase. You may be required to return the software product to the address we provide to you at the time, in which case such return will be at your own cost. The benefits under this warranty are in addition to other rights and remedies that you may have at law.

Pre-release Software Additional Terms. If the Software is pre-commercial release or beta software (“Pre-release Software”), then this section applies. The Pre-release Software does not represent final product from HFN, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. HFN may never commercially release the Pre-release Software. If Customer received the Pre-release Software pursuant to a separate written agreement, such as the HFN Systems Incorporated License Agreement for Pre-release Software, then Customer’s use of the Software is also governed by such agreement. Customer will promptly return or destroy all copies of Pre-release Software upon the earlier of HFN’s request or upon HFN’s commercial release of such Software. CUSTOMER’S USE OF PRE-RELEASE SOFTWARE IS AT ITS OWN RISK. SEE SECTIONS FOR LIMITED WARRANTY AND LIABILITY LIMITATIONS RELATED TO PRE-RELEASE SOFTWARE.