Galaxy Holdings
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Name: Michael Yuan
Title: General Manager
Date:
Licensee
Name:
Title:
Date:
This End User License Agreement (the “Agreement”) is a binding agreement between Galaxy Holdings, a TX LLC located at (the “Licensor”), and the individual or entity that installs, copies, or otherwise uses the software (the “Licensee”). This Agreement governs the Licensee's use of , including its software, documentation, and any updates (the “Software”), and is effective as of . By installing or using the Software, the Licensee accepts this Agreement.
Subject to the Licensee's compliance with this Agreement and payment of any applicable fees, the Licensor grants the Licensee a non-exclusive, non-transferable, revocable license to install and use the Software under the following license type: . The license permits use on up to device(s) or by up to authorized user(s), as applicable to the license type, solely for the Licensee's internal purposes.
The Licensee will not, and will not permit any third party to: (a) copy the Software except for one reasonable backup; (b) modify, adapt, translate, or create derivative works of the Software; (c) reverse engineer, decompile, or disassemble the Software, except to the extent applicable law expressly permits despite this limitation; (d) rent, lease, lend, sell, sublicense, distribute, or provide the Software as a service to third parties; (e) remove or alter any proprietary notices; or (f) use the Software in violation of applicable law.
The Software is licensed, not sold. The Licensor and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. No rights are granted to the Licensee except as expressly stated in this Agreement. All rights not expressly granted are reserved by the Licensor.
The Licensor may, but is not obligated to, provide updates, upgrades, patches, or bug fixes for the Software (collectively, “Updates”). Any Update is part of the Software and subject to this Agreement, unless the Update is accompanied by separate license terms, in which case those terms control for that Update. The Licensor may modify or discontinue features of the Software with reasonable notice where practicable.
Use of the Software is subject to payment of the applicable license fee of , where required. Except as required by law, license fees are non-refundable. The Licensee is responsible for any taxes associated with the license other than taxes on the Licensor's net income.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SOFTWARE. THE LICENSOR'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED . SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO PARTS OF THIS SECTION MAY NOT APPLY.
This Agreement is effective until terminated. It terminates automatically if the Licensee breaches any of its terms. The Licensor may also terminate on written notice. Upon termination, the Licensee must cease all use of the Software and destroy all copies in its possession. Sections 3, 6, 7, and 9 survive termination.
This Agreement is governed by the laws of the State of TX, without regard to conflict-of-laws principles. If any provision is held unenforceable, the remaining provisions remain in effect. This Agreement is the entire agreement between the Parties regarding the Software. For questions regarding this Agreement, contact .
Acknowledged and agreed by the Licensor:
Name: Michael Yuan
Title: General Manager
Date:
Name:
Title:
Date: