End-User License Agreement for VirtualReader

1. Definitions.

(a) "Agreement" and/or "License Agreement" shall mean this License Agreement and any and all documents incorporated by reference; (b) "You," and/or "Your" shall mean the individual or a legal entity exercising rights under, and complying with all of the terms of, this Agreement; (c) "Licensed Software" shall mean VirtualReader’s technology, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation; (d) "Product" shall mean the combination of the Licensed Software and the underlying software product in which the Licensed Software is incorporated. 

2. License Grant.

Subject to the terms of this Agreement, VirtualReader, hereby grants You a non-exclusive and non-transferable license to reproduce and use for personal or internal purposes the Licensed Software, provided that any and all copies made must contain all of the original and unmodified proprietary notices, including, but not limited to, this License Agreement.

3. Restrictions.

You acknowledge and agree that You shall not (a) modify or create any derivative works of the Licensed Software or documentation; (b) attempt to disable the Licensed Software by any means or in any manner; (c) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Licensed Software (except to the extent applicable laws specifically prohibit such restriction); (d) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer or disclose the Licensed Software to any third-party; or (e) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Licensed Software or the Product.

4. Proprietary Rights.

You acknowledge and agree that VirtualReader owns all title, ownership rights, and intellectual property rights in the Licensed Software.  You agree that you shall take no action that might jeopardize, limit, or interfere in any way with VirtualReader’s ownership or other rights regarding the Licensed Software.  You acknowledge that the Licensed Software is protected by copyright and other intellectual property laws, and by international treaties.  You further acknowledge and agree that the remaining portions of the Product are the property of their respective owners and may also be protectable by applicable copyright, other intellectual property law, and international treaties.

5. Disclaimer of Warranty and Limitation of Liability.

THE LICENSED SOFTWARE IS PROVIDED ON AN "AS IS" BASIS.  VIRTUALREADER DOES NOT WARRANT THAT OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS-FREE, OR THAT ANY DEFECT IN THE LICENSED SOFTWARE WILL BE CORRECTED.  VIRTUALREADER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE, AND NO USE OF THE LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL VIRTUALREADER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF VIRTUALREADER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.  YOU ALSO AGREE THAT VIFRTUALREADER’S ENTIRE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM OR DEMAND ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED, IN THE AGGREGATE, THE SUM OF THE FEE YOU PAID FOR THE PRODUCT (IF ANY), WITH THE SOLE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF VIRTUALREADER, TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT VIRTUALREADER IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THIRD-PARTY ADVERTISER CONTENT PROVIDED BY ITS LICENSEES, THAT MAY BE TRANSMITTED TO YOU THROUGH THE LICENSED SOFTWARE.

6. Legal Compliance.

You agree that You shall fully comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Licensed Software and the Product.

7. Termination.

This Agreement shall be effective unless and until terminated.  You acknowledge and agree that VirtualReader may, without prejudice to any other rights under this Agreement or applicable law, terminate the license granted in this Agreement at any time without notice to You if You fail to comply with any of the terms and conditions of this Agreement.  Upon termination of this Agreement, all rights granted to You in this Agreement shall immediately terminate.

8. Acknowledgment of Agreement.

I am over 18 years of age.  I have carefully read and understand this Agreement, Radiate, Inc.’s Privacy Policy Statement.  

IF YOU ACCEPT the terms of this Agreement:

I acknowledge and understand that by ACCEPTING the terms of this Agreement, I am consenting to VirtualReader’s use of my information as explained herein.

IF YOU DO NOT ACCEPT the terms of this Agreement.

I acknowledge and understand that by refusing to accept these terms, I have rejected this license agreement and therefore have no legal right to install, use, or copy this Product or the Licensed Software that it incorporates.
