CPUID HARDWARE MONITOR PRO END-USER LICENSE AGREEMENT (EULA)

IMPORTANT - PLEASE READ CAREFULLY

This End-User License Agreement is a legal agreement between
you (either an individual or a single entity) and CPUID for
the CPUID software product identified above, which includes
computer software and associated media and printed materials,
and may include “online” or electronic documentation.
By installing, copying, or otherwise using Hardware Monitor
Pro, you agree to be bound by the terms of this agreement.

1. CPUID HARDWARE MONITOR PRO PRODUCT LICENSE

CPUID HARDWARE MONITOR PRO is protected by copyright laws and
international copyright treaties, as well as other
intellectual property laws and treaties. CPUID HARDWARE
MONITOR PRO is licensed, not sold.

1.1. GRANT OF LICENSE

This License Agreement grants you the following limited, nontransferable and non-exclusive rights :

(a) You may use CPUID HARDWARE MONITOR PRO for a non-renewable
trial period of 30 days, during which you have the right to
make copies of CPUID HARDWARE MONITOR PRO for backup and
archival purposes. During this trial period, you may install
and use as many copies of CPUID HARDWARE MONITOR PRO as you
need for your own, personal use. After this trial period, you
must remove and destroy all copies of CPUID HARDWARE MONITOR
PRO you have made.
(b) If you purchased a license of CPUID HARDWARE MONITOR PRO
from CPUID, you may make copies of CPUID HARDWARE MONITOR PRO
for backup and archival purposes.
(c) You may NOT sell, loan, donate, distribute, reveal or
transfer in any way the license that you purchased from CPUID.
(d) You may NOT modify, reverse engineer or disassemble CPUID
HARDWARE MONITOR PRO.
(e) You may install CPUID HARDWARE MONITOR PRO on as many PCs
as allowed by the license : 10 for the standard version and 20
for the extended version.

For further information, please contact:

CPUID
cpuid@gmx.com


1.2. ALL SALES FINAL

The purchase of CPUID HARDWARE MONITOR PRO is non-refundable
and all sales are considered final. The trial period of CPUID
HARDWARE MONITOR PRO is available for purposes of determining
the suitability of CPUID HARDWARE MONITOR PRO, and so it is
assumed that the purchase of CPUID HARDWARE MONITOR PRO was
made following a thorough evaluation, and thus, no refunds
shall be made. It is the buyer’s responsibility use the trial
version for its intended purpose of determining suitability.
Failure to evaluate CPUID HARDWARE MONITOR PRO prior to
purchase does not alter this policy.

1.3. COPYRIGHT

CPUID is the sole developer and owner of CPUID HARDWARE
MONITOR PRO. You, as user of CPUID HARDWARE MONITOR PRO,
acknowledge and agree that CPUID HARDWARE MONITOR PRO is a
proprietary product of CPUID under the French and European
copyright laws and prevailing copyright laws throughout the
world. You further acknowledge and agree that all right,
title, and interest in and to CPUID HARDWARE MONITOR PRO,
including associated intellectual property rights, are and
shall remain with CPUID, and you agree not to contest CPUID's
ownership or the validity of CPUID's rights. This License
Agreement does not convey to you an interest in or to CPUID
HARDWARE MONITOR PRO, but only a limited right to use the
work, which is revocable in accordance with the terms of this
License Agreement.

You assume responsibility for the selection of this program to
achieve your intended results, and for its installation and
subsequent use.

1.4 SOFTWARE DEFECT REPORTING

If you find software defects in CPUID HARDWARE MONITOR PRO,
you should report them to cpuz@cpuid.com. CPUID will evaluate
them and, at its sole discretion, may address them in a future
revision of CPUID HARDWARE MONITOR PRO.

1.5. UPDATES

The CPUID HARDWARE MONITOR PRO updates (including, but not
limited to : bug fixes, upgrades, hot fixes, enhancements,
modifications, new releases) are provided in the sole
discretion of CPUID. If CPUID does provide you with any
updates, such updates shall be subject to the terms and
conditions of this Agreement (including the License) or such
agreement, if any, which accompanies such updates.

2. RIGHTS OF CPUID

You acknowledge and agree that CPUID HARDWARE MONITOR PRO
contains proprietary material of CPUID protected under French
and International copyright, trademark, and trade secret laws
and conventions. All right, title, and interest in CPUID
HARDWARE MONITOR PRO are, and shall remain, with CPUID. This
Agreement does not convey to you any title or interest in and
to CPUID HARDWARE MONITOR PRO only the limited right of use
which may be terminated as provided for herein. You agree to
use your best efforts to protect CPUID HARDWARE MONITOR PRO
from use, reproduction, or other distribution except as
specifically allowed under this Agreement.

3. TERM

This license is effective until terminated. You may terminate
this license at any time by returning all copies of CPUID
HARDWARE MONITOR PRO, including merged portions of CPUID
HARDWARE MONITOR PRO and all copies of documentation, to
CPUID. This license will automatically terminate without
notice from CPUID if you fail to comply with any term or
condition of this Agreement. You agree upon such termination
to destroy all copies of CPUID HARDWARE MONITOR PRO, including
all copies of merged portions of the CPUID HARDWARE MONITOR
PRO and all copies of documentation.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS."
CPUID AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THIS SOFWARE OR
SUCH FILES. CPUID AND ITS SUPPLIERS MAKE NO WARRANTIES,
EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY
RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
The entire risk as to the quality and performance of CPUID
HARDWARE MONITOR PRO is with you. Should CPUID HARDWARE
MONITOR PRO prove defective, you (and not CPUID or any
authorized dealers of CPUID products) assume the entire cost
of all necessary servicing, repair, or correction. Some
jurisdictions do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you. The
foregoing does not affect or prejudice your statutory rights.
Good data processing procedure dictates that any program be
thoroughly tested with non-critical data before relying on it.

5. LIMITATION OF LIABILITY

IN NO EVENT WILL CPUID BE LIABLE FOR ANY DAMAGES, INCLUDING
ANY LOST PROFITS, LOST SAVINGS, OR OTHER INDIRECT, SPECIAL,
EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, CLAIMS OR
ACTIONS, ARISING OUT OF THE USE OR INABILITY TO USE CPUID
HARDWARE MONITOR PRO, EVEN IF CPUID HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, CLAIMS OR ACTIONS. FURTHER, IN NO
EVENT WILL CPUID BE LIABLE FOR ANY CLAIMS BY ANY OTHER PARTY
ARISING OUT OF YOUR USE OF CPUID HARDWARE MONITOR PRO.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Nothing contained in this Agreement shall prejudice the
statutory rights of any party dealing as a consumer.

6. INDEMNIFICATION

You agree to indemnify, defend, and hold CPUID harmless from
and against any claims or lawsuits, including costs and
attorneys fees, that arise or result from the use of CPUID
HARDWARE MONITOR PRO, provided CPUID gives you prompt written
notice of any such claim, tenders to you the defense or
settlement of such a claim at your expense and cooperates with
you at your expense in defending or settling such claim.

7. GOVERNING LAW

This Agreement shall be governed by and construed in
accordance with the laws of France. Any legal proceedings
arising under this Agreement shall be instituted only in the
courts of France.

The parties opt out of the United Nations Convention on the
Sale of Goods and choose the laws of the France to apply to
the Agreement and performance hereunder.

8. SEVERABILITY

Should any term of this Agreement be declared invalid,
illegal, void, or not enforceable by any court of competent
jurisdiction, such provision shall be severed from this
Agreement, and the remaining terms shall remain in full force
and effect.

9. WAIVER

The waiver or failure of either party to exercise or enforce
in any respect any of its rights provided for in this
Agreement or take action against the other party in the event
of a breach of this Agreement shall not be deemed a waiver of
any further right under this Agreement by such party or the
right to subsequent enforcement of its rights or actions in
the event of subsequent or the same breaches by the other
party. 
Should you have any questions concerning this
Agreement, you may contact CPUID by writing:

CPUID
cpuid@gmx.com

10. TRADEMARKS

The names of companies and products mentioned on the Site or
in the Materials may be the trademarks of their respective
owners.

11. COMPLETE AGREEMENT

BY USING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS
AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU
AND CPUID REGARDING THE SUBJECT MATTER HEREOF AND SUPERSEDES
ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY
OTHER COMMUNICATIONS BETWEEN YOU AND CPUID RELATING TO THE
SUBJECT MATTER OF THIS AGREEMENT.

12. OPTIONAL SUPPORT SERVICES

At your option and expense, and under a separate agreement,
CPUID may provide you with support services related to your
use of CPUID HARDWARE MONITOR PRO. Any supplemental software
code provided to you as part of the support services shall be
considered part of CPUID HARDWARE MONITOR PRO and subject to
the terms and conditions of this License Agreement.
