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Microsoft Windows XP, Windows Vista, Windows 7, Windows 8, Windows 10 An Intel Core 2 Duo, Intel Core i3, Intel Core i5, Intel Core i7, or Xeon processor This End-User License Agreement the License or Agreement is between Uniblue Systems Ltd C32567, a small liability company registered in Malta all night . its registered address at Uniblue, Dun Karm Street, BKara By-Pass, Birkirkara BKR9037, Malta, Europe hereinafter Uniblue along with the end user You. By installing the Uniblue Software and also marking the I accept the relation to the License Agreement checkbox, You are deemed to and do consent for being bound by and turn a party for this License and You represent that You have the legal right to enter into this Agreement. If You tend not to agree to get bound by all the terms on this Agreement select the Cancel button and install the Uniblue Software. If You bought a license for the Uniblue Software on tangible or intangible media minus the opportunity to review this License and You tend not to accept this Agreement, You may get a refund in the amount You originally paid if You i will not use the Uniblue Software and ii return it for the vendor by which it was acquired, in order to Uniblue, as well as proof of payment within thirty four weeks from the date of purchase. Uniblue doesn't have a obligation for making or create a refund if your vendor isn't authorized by Uniblue to trade or resell this License as well as to distribute the Uniblue Software. For the purp Uniblue recommends that You keep a copy on this Agreement for Your records. Subject to your terms and conditions with this License, and at the mercy of payment of applicable fees License Fee, Uniblue grants You a finite, personal, non-exclusive, non-transferable, non-sub-licensable and revocable license to fit during the Term and solely for Your own private use, three 3 Copies from the Uniblue Software and related written materials in both printed text or machine readable version the Documentation. Any utilization of more copies in the Uniblue Software than are licensed is prohibited. The license to the Uniblue Software might not be shared by alternating use in the Uniblue Software between different computers. Following expiry on the Term, You may keep one copy with the Uniblue Software under the relation to its the last License that You accepted. These limitations apply even if You obtain Uniblue Software on multiple media electronic download and CD. For the purposes in this Agreement, Copy shall add some original installation with the Uniblue Software. You shall not allow You could be granted an exam copy from the Uniblue Software at no cost the Evaluation Copy. Certain features and/or functionality on the Uniblue Software can be locked or unavailable within the Evaluation Copy. In order to take advantage of all features and functionality from the Uniblue Software, You must pay for the License Fee and input a legitimate serial number. Upon such actions being taken, the Evaluation Copy shall cease from being considered an Evaluation Copy and the regards to this Agreement shall commence to put on in their entirety. Clauses 3, 9, 10, 11, 12, 13, 14, 15, 19 and 20 shall apply equally for an Evaluation Copy. When You invest in a license You will probably be provided having a serial number. You must activate the Uniblue Software by entering the serial number as prompted by such Software. There could possibly be other technological measures, including enforcement technology, inside Uniblue Software that will prevent unlicensed or illegal use. You agree that Uniblue might use these measur Some jurisdictions tend not to allow the exclusion or limitation of liability, therefore, the above limitations may well not apply to You. You will indemnify and hold Uniblue harmless from any and all of claims, losses, liabilities, damages, fines, penalties, costs and expenses including attorneys fees due to or relating to Your use in the Uniblue Software. Your obligations under it shall survive the expiration or termination with this Agreement. You agree that Uniblue may collect and make use of information transmitted over the Uniblue Software to enhance its products. Any personal data pertaining to You, which might be held by Uniblue further to compliment services made available to You will probably be processed as outlined by the Uniblue Privacy Policy, mainly because it exists at any relevant time. You may access our Privacy Policy anytime at /privacy/. Other 3rd party software could be distributed in addition to the Uniblue Software the Third Party Software. Any and all of such Third Party Software may necessitate notices and/or be be subject to different license terms. Such required Third Party Software notices and license B. Definitions. The term Dispute means any dispute, claim, or controversy between You and Uniblue regarding any component of Your relationship with Uniblue, whether situated in contract, statute, regulation, ordinance, tort including, although not limited to, fraud, misrepresentation, fraudulent inducement, negligence, and other intentional or non-intentional tort, or another legal or equitable theory, and includes the validity, enforceability or scope of the Arbitration Provision. Dispute is for being given the broadest possible which means will be enforced. As utilised in this Arbitration Provision, Uniblue means Uniblue and its particular parents, subsidiaries and affiliated companies each of their respective officers, directors, employees and agents. C. Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY UNIBLUE IN WRITING WITHIN 30 DAYS OF THE DATE OF YOUR PRODUCT ORDER BY VISITING /support/ticket, OR BY MAIL TO UNIBLUE AT UNIBLUE, DUN KARM STREET, BKARA BY-PASS, BIRKIRKARA BKR9037, MALTA EUROPE, ATTN: LEGAL DEPARTMENT. YOUR WRITTEN NOTIFICATION TO UNIBLUE MUST INCLUDE YOUR NAME, ADDRESS AND UNIBLUE ORDER NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH UNIBLUE THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH UNIBLUE OR THE DELIVERY OF PRODUCTS OR SERVICES TO YOU BY UNIBLUE. D. Initiation of Arbitration Proceeding/Selection of Arbitrator. If You or Uniblue want to resolve Your Dispute through arbitration pursuant to the present Arbitration Provision, the party initiating the arbitration proceeding may open in a situation with the American Arbitration Association - Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-495-4185, within the Commercial Arbitration Rules on the AAA. 1. Because the Licenses, products and/or services given to You by Uniblue concern interstate and/or international commerce, the Federal Arbitration Act FAA, not state arbitration law, shall govern the arbitrability of most Disputes. However, applicable federal law or perhaps the law from the state where You obtain the product or service from Uniblue may pertain to and govern the substance of the Disputes if for any excuse the Choice of Law Provision on this Agreement won't apply. No state statute regarding arbitration will probably be applicable under this Arbitration Provision. If there can be a conflict between this Arbitration Provision and also the rules with the arbitration organization chosen, this Arbitration Provision shall govern. If AAA is not going to enforce this Arbitration Provision as written, it can't serve as the arbitration organization to eliminate Your dispute with Uniblue. If this situation arises, the parties shall concur with a substitute arbitration organization. If the parties cannot a 2. A single arbitrator will resolve the Dispute. The Arbitrator shall also provide the sole authority to discover whether a Dispute is at the mercy of arbitration as outlined by this Arbitration Provision. You should know that doing arbitration may result in limited discovery with regards to the rules with the arbitration organization which is chosen to solve the Dispute. The arbitrator will honor claims of privilege recognized by law and definately will take reasonable steps to safeguard customer account information along with other confidential or proprietary information. 3. The arbitrator could make any award on paper but do not need to provide a statement of reasons unless requested by an event. An award rendered with the arbitrator could possibly be entered in every court having jurisdiction within the parties for purpose of enforcement. 4. If an award granted from the arbitrator exceeds 25, 000, either party can appeal that award to some three-arbitrator panel administered because of the same arbitration organization with a written notice of appeal filed within thirty four weeks from the date of entry in the written arbitration award. The members in the three-arbitrator panel is going to be selected according towards the rules on the arbitration organization. The arbitration organization might notify additional party how the award is appealed. The three-arbitrator panel will issue its decision within hundred and twenty 120 days on the date in the appealing partys notice of appeal. The decision with the three-arbitrator panel will probably be final and binding, with the exception of any appellate right which exists underneath the FAA. 1. YOU MUST CONTACT US WITHIN ONE 1 YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE. 2. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC SUCH AS A PRIVATE ATTORNEY GENERAL, OTHER UNIBLUE CUSTOMERS, OR OTHER PERSONS SIMILARLY SITUATED. G. Location of Arbitration. The arbitration can take place with a location useful to You from the area where You purchased the services or products from us. H. Payment of Arbitration Fees and Costs. UNIBLUE WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATORS COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN UNIBLUES FAVOR, YOU SHALL REIMBURSE UNIBLUE FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE UNIBLUE FOR ANY OF THE FEES AND COSTS ADVANCED BY UNIBLUE. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, UNIBLUE WILL PAY ALL FEES AND COSTS T I. Severability. If any clause in this Arbitration Provision is found for being illegal or unenforceable, that clause is going to be severed with this Arbitration Provision, as well as the remainder with this Arbitration Provision will likely be given full force and effect. If the class action waiver clause is found for being illegal or unenforceable, the full Arbitration Provision will probably be unenforceable, along with the dispute will likely be decided with a court. In the event this complete Arbitration Provision is determined to get illegal or unenforceable unconditionally, or if claims is brought in a very Dispute which is found by way of a court to become excluded from your scope on this Arbitration Provision, You and Uniblue have each decided to waive, to your fullest extent allowed legally, any trial by jury. J. Exclusions from Arbitration. YOU AND UNIBLUE AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: 1 ANY CLAIM FILED BY YOU OR BY UNIBLUE THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER CUSTOMER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS; 2 ANY DISPUTE OVER THE VALIDITY OF ANY PARTYS INTELLECTUAL PROPERTY RIGHTS; AND 3 ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF PRODUCTS OR SERVICE. K. Continuation. This Arbitration Provision shall survive the termination of Your Agreement and/or any Services with Uniblue. All disputes arising beyond or in relation to this particular Agreement that a don't include a United States citizen as party or b involve any claim that just isn't subject to your arbitration provisions of Section 19 without any reason, including, however, not limited to, Your timely notice opting outside of Arbitration relative to Section 19C above, will likely be submitted to your exclusive jurisdiction from the Courts of Malta, provided however, that Uniblue retains the proper, at its option, to pursue any litigation as a result of Your use from the Uniblue Software in Your national Courts if You are certainly not a citizen of Malta. Sorry, the page you had been looking for on this blog will not exist. Sorry, the page that you were looking for on this blog won't exist. Oops! Make sure JavaScript is enabled as part of your browser. 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