IMPORTANT-READ CAREFULLY: This NVMeCraft End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Lallasoft, Inc. (“Lallasoft”). This EULA governs the Lallasoft software identified above, which includes the User Manual, any associated software components, any media, any printed materials other than the User Manual, and any “online” or electronic documentation (“Software”). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Lallasoft is unwilling to license the Software to you. In such event, you may not install, copy, or use the Software.

1. GRANT OF LICENSE

(a) Evaluation Copy. You are licensed to use the Software without charge on a non-exclusive, personal, non-transferable, revocable and limited evaluation basis for thirty (30) days from the day that you install the Software. You must pay the license fee and register your copy to continue to use the Software after the thirty (30) days. You may not use the Software in any manner if you do not pay the license fee and register the Software after such thirty (30) day period. If you continue to use the Software after the thirty (30) day period without paying the license fee and registering you will be using the Software on an unlicensed an unauthorized basis.

(b) Registered Copy. After you have purchased the license for Software, and have received the serial number enabling the registered copy, you are licensed on a non-exclusive, perpetual, non-transferable (except as expressly provided below), revocable and limited basis to copy the Software only into the memory of the number of computers corresponding to the number of licenses purchased.  

2. RESTRICTIONS; RESERVATION OF RIGHTS. You may not reverse engineer, de-compile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the Software. You may not publish or publicly distribute any serial numbers, access codes, unlock-codes, passwords, or other end-user-specific registration information that would allow a third party to activate the Software without a valid license. You may not include the Software in any new compilations, such as software collections on CD-ROM, or redistribute the Software in any electronic format or otherwise without prior written consent of Lallasoft in its discretion. The licenses granted to you in this EULA for the Software are conditioned upon your compliance with the terms and conditions of this EULA, including, without limitation, payment of license fees. Lallasoft reserves all rights not expressly granted to you in this EULA.

3. INTELLECTUAL PROPERTY RIGHTS. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You acknowledge that no title to the Software or the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Lallasoft and you will not acquire any rights to the Software except as expressly set forth in this license. Lallasoft reserves ownership of all intellectual property rights inherent in or relating to the Software, which include, but are not limited to, all copyright, patent rights, all rights in relation to registered and unregistered trademarks (including service marks), confidential information (including trade secrets and know-how) and all rights other than those expressly granted by this EULA. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software.

4. ACTIVATION OF LICENSE. You acknowledge that the Software requires you to activate the license over the Internet before using it. You have the option to provide your name and email address when activating the Software. The activation process sends this information and your machine’s hardware fingerprint securely to the Lallasoft licensing server. The Software may contact the Lallasoft licensing server from time to time in order to authenticate the license and monitor compliance with its use.

5. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to South Korea. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including, without limitation, the South Korea. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by South Korea and other governments. Without limiting the foregoing, you agree that you will not export or re-export the Software to any country, person, entity, or end user subject to South Korea export restrictions. You warrant and represent that neither the South Korea Bureau of Export Administration or other government has suspended, revoked or denied your export privileges.

6. LIMITED WARRANTY; EXCLUSIVE REMEDY; DISCLAIMERS.
THE SOFTWARE IS PROVIDED HEREUNDER “AS IS”. LALLASOFT MAKES AND USER RECEIVES NO WARRANTIES IN CONNECTION WITH THE PRODUCT, OR MODIFICATIONS OR IMPROVEMENTS THERETO, DELIVERED HEREUNDER, EXPRESS, IMPLIED, STATUTORY OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION BETWEEN LALLASOFT AND USER. LALLASOFT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

Lallasoft does not warrant that the Software, its use, operation or your ability to use the Software will be uninterrupted or error-free or that all Software errors will be corrected. The limited warranty set forth above shall not apply to any defect or problems caused by any defect in any hardware or software used in combination with the Software, or use of the Software in execution environments not specified in the Documentation. Lallasoft does not warrant that the Software or service will meet your requirements or that the operation of the Software will be uninterrupted or error free. EXCEPT FOR THE FOREGOING THE SOFTWARE AND ANY SERVICES PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE, LAW, LALLASOFT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS OR SERVICES PROVIDED IN CONNECTION WITH THIS EULA.  This limited warranty gives you specific legal rights. You may have others, which vary from state to state. Any warranties that by law survive the foregoing disclaimers shall terminate thirty (30) days from the date you downloaded or otherwise received the Software. Provision of Software under this License Agreement is experimental and shall not create any obligation for Lallasoft to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to you or to any other party.

7. LIMITATION OF LIABILITY. THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LALLASOFT OR ITS SUPPLIERS OR ANY OF ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF OR INABILITY TO USE THE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, , EVEN IF LALLASOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), , LALLASOFT ’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY SHALL BE LIMITED TO AND SHALL NOT EXCEED IN ANY EVENT ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. 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. YOUR RESPONSIBILITIES. You agree to immediately notify Lallasoft in writing of any misuse, misappropriation or unauthorized use, disclosure, display or copying of the Software that may come to your attention. In addition, you agree to defend, indemnify and hold Lallasoft, its suppliers and any of its licensors, directors, officers, employees or affiliates of any of the foregoing harmless from any and all claims resulting from or arising out of your use of the Software or breach of this EULA.