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Trial Version of CCTheater

CCTheater™ End User License Agreement

Terms and Conditions

BY DOWNLOADING, INSTALLING, USING, TRANSMITTING, OR COPYING THIS CCTHEATER™ SOFTWARE (THE "SOFTWARE"), YOU ("YOU", "LICENSEE") AGREE TO THE TERMS OF THIS AGREEMENT (INCLUDING THE SOFTWARE LICENSE AND DISCLAIMER OF WARRANTY) WITH ACCESS TECH, LLC ("ACCESSTECH", "LICENSOR"), THE OWNER OF ALL RIGHTS IN RESPECT OF THE SOFTWARE.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING AND USING THE SOFTWARE.

IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS LICENSE THEN DO NOT DOWNLOAD, INSTALL, USE, TRANSMIT, OR COPY THE SOFTWARE.

THIS DOCUMENT CONSTITUTES A LICENSE TO USE THE SOFTWARE ON THE TERMS AND CONDITIONS APPEARING BELOW.

The Software is licensed to you for use only upon the terms of this license, and ACCESSTECH reserves all rights not expressly granted to you. ACCESSTECH retains ownership of all copies of the Software.

1. License

Licensor hereby grants Licensee a non-transferable license to use the Software. The trial version is offered free of charge without a license key for the purpose of evaluation and training. The paid version of the software, with additional features, is activated via a license key that is accompanied by further terms and conditions not set out herein.

2. Restrictions and Conditions

ACCESSTECH reserves the right to revoke the above license rights at any time, for any or no reason. License rights granted hereunder are not transferrable or sublicensable in whole or in part. Licensee may not rent, lease, loan, sell or request donations for the use of the Software or any part thereof.

All intellectual property rights, including without limitation copyrights and patents, related to the Software remain the property of Licensor. Licensee shall not have any right, title, or interest other that what is explicitly granted herein.

The distribution of the Software (or inclusion of the Software as part of any other software product or service) whereby it is made available for a charge (e.g., sold or rented), or any other distribution of the Software is strictly prohibited. All installations of this software must come through the AccessTech website.

Licensee may not modify, adapt, translate, or create derivative works based upon the Software or any part thereof. The Software contains trade secrets of ACCESSTECH. Licensee may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a humanly perceivable form.

Licensee agrees to hold Licensor harmless from any claims or losses arising out of Licensee’s use of the Software, including but not limited to claims of infringement of third-party rights.

3.  Termination

This license is effective until terminated by ACCESSTECH. The License will terminate automatically with or without notice from ACCESSTECH if you fail to comply with any provision of this License. Upon termination you must destroy the Software and all copies thereof. You may terminate this License at any time by destroying the Software and all copies thereof. Upon termination of this License for any reason you shall continue to be bound by the provisions of Section 2 above. Termination will be without prejudice to any rights ACCESSTECH may have as a result of this Agreement.

4. Severability

If any provision of the Agreement is held invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

5. Disclaimer of Warranty, Limitation of Remedies

TO THE FULL EXTENT PERMITTED BY LAW, ACCESSTECH HEREBY EXCLUDES AND DISCLAIMS ALL WARRANTIES, WHETHER IMPOSED BY STATUTE OR BY OPERATION OF LAW OR OTHERWISE, NOT EXPRESSLY SET OUT HEREIN. THE SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS ARE PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SOFTWARE. ACCESSTECH DOES NOT WARRANT, GUARANTY OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK OF USING THE SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ACCESSTECH, IT'S DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

IN NO EVENT SHALL ACCESSTECH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, AND THE LOSS OF BUSINESS INFORMATION OR COMPUTER PROGRAMS) 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 THE SOFTWARE, EVEN IF ACCESSTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. General

6.1 Governing Law:

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, USA. Licensee consents to the exclusive jurisdiction and venue for all matters relating to this Agreement to the courts located in the Commonwealth of Massachusetts, USA.

6.2 Termination:

AccessTech reserves the right to revoke the License granted herein for non- compliance with Licensee Responsibilities and Conditions of Use contained herein. In such a circumstance, Licensee shall promptly cease using the Software and return or destroy all copies of the Software and related materials in its possession or control. License revocation for such reasons shall not relieve Licensee from any payment obligations accrued prior to the termination date. No refunds shall be made for License fees paid.

6.3 Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under the Agreement if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, or natural disasters.

6.4 Indemnification: Licensee agrees to indemnify and hold Licensor harmless from any claims or losses arising out of Licensee’s use of the Software, including but not limited to claims of infringement of third-party rights. Licensor agrees to indemnify and hold Licensee harmless from any claims or losses related to third party claims that the Software code infringes third party’s intellectual property.

6.5 Amendments: Any amendments or modifications to the Agreement must be in writing and signed by both Parties.

6.6 Notices: Formal notices under the Agreement should be delivered by email to the Primary Contacts for the Licensee and the Licensor.

6.7 Entire Agreement: This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof, and supersedes all prior agreements and/or understandings (oral or written). Failure or delay by AccessTech, LLC in enforcing any right or provision hereof shall not be deemed a waiver of such provision or right with respect to the instant or any subsequent breach. If any provision of this Agreement shall be held by an arbitrator or, if applicable, a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in force and effect.

CCTheater™ End User License Agreement

Terms and Conditions

BY DOWNLOADING, INSTALLING, USING, TRANSMITTING, OR COPYING THIS CCTHEATER™ SOFTWARE (THE "SOFTWARE"), YOU ("YOU", "LICENSEE") AGREE TO THE TERMS OF THIS AGREEMENT (INCLUDING THE SOFTWARE LICENSE AND DISCLAIMER OF WARRANTY) WITH ACCESS TECH, LLC ("ACCESSTECH", "LICENSOR"), THE OWNER OF ALL RIGHTS IN RESPECT OF THE SOFTWARE.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING AND USING THE SOFTWARE.

IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS LICENSE THEN DO NOT DOWNLOAD, INSTALL, USE, TRANSMIT, OR COPY THE SOFTWARE.

THIS DOCUMENT CONSTITUTES A LICENSE TO USE THE SOFTWARE ON THE TERMS AND CONDITIONS APPEARING BELOW.

The Software is licensed to you for use only upon the terms of this license, and ACCESSTECH reserves all rights not expressly granted to you. ACCESSTECH retains ownership of all copies of the Software.

1. License

Licensor hereby grants Licensee a non-transferable license to use the Software. The trial version is offered free of charge without a license key for the purpose of evaluation and training. The paid version of the software, with additional features, is activated via a license key that is accompanied by further terms and conditions not set out herein.

2. Restrictions and Conditions

ACCESSTECH reserves the right to revoke the above license rights at any time, for any or no reason. License rights granted hereunder are not transferrable or sublicensable in whole or in part. Licensee may not rent, lease, loan, sell or request donations for the use of the Software or any part thereof.

All intellectual property rights, including without limitation copyrights and patents, related to the Software remain the property of Licensor. Licensee shall not have any right, title, or interest other that what is explicitly granted herein.

The distribution of the Software (or inclusion of the Software as part of any other software product or service) whereby it is made available for a charge (e.g., sold or rented), or any other distribution of the Software is strictly prohibited. All installations of this software must come through the AccessTech website.

Licensee may not modify, adapt, translate, or create derivative works based upon the Software or any part thereof. The Software contains trade secrets of ACCESSTECH. Licensee may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a humanly perceivable form.

Licensee agrees to hold Licensor harmless from any claims or losses arising out of Licensee’s use of the Software, including but not limited to claims of infringement of third-party rights.

3.  Termination

This license is effective until terminated by ACCESSTECH. The License will terminate automatically with or without notice from ACCESSTECH if you fail to comply with any provision of this License. Upon termination you must destroy the Software and all copies thereof. You may terminate this License at any time by destroying the Software and all copies thereof. Upon termination of this License for any reason you shall continue to be bound by the provisions of Section 2 above. Termination will be without prejudice to any rights ACCESSTECH may have as a result of this Agreement.

4. Severability

If any provision of the Agreement is held invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

5. Disclaimer of Warranty, Limitation of Remedies

TO THE FULL EXTENT PERMITTED BY LAW, ACCESSTECH HEREBY EXCLUDES AND DISCLAIMS ALL WARRANTIES, WHETHER IMPOSED BY STATUTE OR BY OPERATION OF LAW OR OTHERWISE, NOT EXPRESSLY SET OUT HEREIN. THE SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS ARE PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SOFTWARE. ACCESSTECH DOES NOT WARRANT, GUARANTY OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK OF USING THE SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ACCESSTECH, IT'S DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

IN NO EVENT SHALL ACCESSTECH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, AND THE LOSS OF BUSINESS INFORMATION OR COMPUTER PROGRAMS) 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 THE SOFTWARE, EVEN IF ACCESSTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. General

6.1 Governing Law:

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, USA. Licensee consents to the exclusive jurisdiction and venue for all matters relating to this Agreement to the courts located in the Commonwealth of Massachusetts, USA.

6.2 Termination:

AccessTech reserves the right to revoke the License granted herein for non- compliance with Licensee Responsibilities and Conditions of Use contained herein. In such a circumstance, Licensee shall promptly cease using the Software and return or destroy all copies of the Software and related materials in its possession or control. License revocation for such reasons shall not relieve Licensee from any payment obligations accrued prior to the termination date. No refunds shall be made for License fees paid.

6.3 Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under the Agreement if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, or natural disasters.

6.4 Indemnification: Licensee agrees to indemnify and hold Licensor harmless from any claims or losses arising out of Licensee’s use of the Software, including but not limited to claims of infringement of third-party rights. Licensor agrees to indemnify and hold Licensee harmless from any claims or losses related to third party claims that the Software code infringes third party’s intellectual property.

6.5 Amendments: Any amendments or modifications to the Agreement must be in writing and signed by both Parties.

6.6 Notices: Formal notices under the Agreement should be delivered by email to the Primary Contacts for the Licensee and the Licensor.

6.7 Entire Agreement: This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof, and supersedes all prior agreements and/or understandings (oral or written). Failure or delay by AccessTech, LLC in enforcing any right or provision hereof shall not be deemed a waiver of such provision or right with respect to the instant or any subsequent breach. If any provision of this Agreement shall be held by an arbitrator or, if applicable, a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in force and effect.