ATTENTION: You may need to scroll down to the end of this EULA before you can agree to the terms and continue using the software.
IMPORTANT: This End-User License Agreement (“EULA”) is a legal agreement between the individual or entity licensing the software (“YOU” or “CUSTOMER”) and CircleRAM. By installing, accessing, or using the software, you agree to be bound by the terms of this EULA.
READ THIS AGREEMENT CAREFULLY before completing installation or using the software. By proceeding, you acknowledge that you understand and agree to these terms.
If you do not agree to these terms, or do not have the authority to bind the customer to these terms, DO NOT INSTALL, ACCESS, OR USE THE SOFTWARE. You may return it to your place of purchase for a refund in accordance with its refund policy.
This EULA applies to the software supplied by CircleRAM - a project of In-School Inc - regardless of whether other software or services are referred to herein.
Subject to your compliance with this EULA, CircleRAM grants you the following rights:
The Software is licensed, not sold. CircleRAM and its licensors retain all title, ownership, and intellectual property rights except as expressly granted herein.
This EULA is effective until terminated. Your rights automatically terminate without notice if you fail to comply with its terms. Upon termination, you must cease all use of the Software and destroy all copies in your possession.
You may not export or re-export the Software in violation of United States or applicable international export laws and regulations.
(a) Except for Sample Code, Trial Versions, and NFR Versions, CircleRAM warrants that for ninety (90) days from delivery, the Software will substantially conform to its documentation when used with recommended hardware.
(b) SAMPLE CODE, TRIAL VERSIONS, AND NFR VERSIONS ARE PROVIDED “AS IS” WITH NO WARRANTY.
(c) EXCEPT AS EXPRESSLY PROVIDED ABOVE, CircleRAM DISCLAIMS ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Your exclusive remedy is to return the Software with proof of purchase. If reported in writing within ninety (90) days of delivery, CircleRAM will use commercially reasonable efforts to provide a replacement, fix defective media, or refund the purchase price.
(a) NEITHER CircleRAM NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
(b) CircleRAM’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
The warranty disclaimers and limitations of liability are essential elements of this EULA. Without them, the Software would not be provided on these terms.
CircleRAM may provide updates or enhancements at its discretion. Such updates are governed by this EULA unless accompanied by a separate agreement.
Use of the Software may involve the collection or processing of data. Such processing will comply with CircleRAM’s Privacy Policy. By using the Software, you consent to such processing.
CircleRAM may provide customer support as described in the accompanying documentation or website. Support levels may vary depending on your license type.
This EULA is governed by the laws of the State of California, without regard to conflict-of-law rules. You consent to the exclusive jurisdiction of the state courts in San Francisco County, California, or the federal courts in the Northern District of California.
This EULA constitutes the entire agreement between the parties and supersedes all prior understandings.
Questions regarding this EULA should be directed to: In-School Inc., 7172 Regional St. Suite 318, Dublin, CA 94568. Attention: General Counsel.