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Prohibitive License

This is a legal agreement ("Agreement") between you ("Licensee") and Scott Kostolni ("Licensor"), the creator and owner of EMScribe. By using, copying, modifying, or distributing EMScribe (the "Software"), you agree to be bound by the terms of this Agreement. You must obtain express written permission from the Licensor to become a Licensee under this Agreement.

1. License Grant

Licensor grants Licensee a non-exclusive, non-transferable, revocable license to use the Software solely for personal, non-commercial purposes, subject to the terms and conditions set forth in this Agreement, and only after obtaining express written permission from Licensor.

2. Restrictions

Licensee shall not:

  1. Distribute, sublicense, lease, sell, rent, or otherwise transfer the Software to any third party.
  2. Modify, adapt, translate, reverse engineer, decompile, or disassemble the Software.
  3. Use the Software for any commercial purposes or for the benefit of any third party.
  4. Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the Software.
  5. Use the Software in any manner that could damage, disable, overburden, or impair the Software.

3. Ownership

Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights therein. Licensee acknowledges that the Software is licensed, not sold, and that Licensee has no ownership rights in the Software.

4. Termination

This Agreement is effective until terminated. Licensor may terminate this Agreement at any time, with or without cause, by providing notice to Licensee. Upon termination, Licensee shall immediately cease all use of the Software and destroy all copies of the Software in Licensee's possession or control.

5. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.

6. Limitation of Liability

IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.

8. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. Any amendments or modifications to this Agreement must be in writing and signed by both parties.

9. Express Written Permission

To obtain express written permission to use the Software, please contact Scott Kostolni at ScottSucks. Usage of the Software without such permission is prohibited.

10. Contact Information

For any questions or concerns regarding this Agreement, please contact Scott Kostolni at ScottSucks.