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Expertheon software license

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BY USING THE EXPERTHEON APP, YOU ACCEPT THE FOLLOWING TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE EXPERTHEON APP.\n\n
  1. General. The software and the documentation accompanying this License, on any storage media (collectively the “Software”)
    are licensed, not sold, to you by David Diaz and/or Solutheon (“Solutheon”) for use only under the terms of this License,
    and Solutheon reserves all rights not expressly granted to you. The rights granted herein are limited to Solutheon’s intellectual
    property rights in the Solutheon Software and do not include any other patents or intellectual property rights. You own the media
    on which the Solutheon Software is recorded, but Solutheon and/or Solutheon’s licensor(s) retain ownership of the Software itself.\n
  2. Permitted License Uses and Restrictions. This License allows you to install and use one (1) copy of the Software on a single device
    at a time. This License does not allow the Software to exist on more than one such device at a time, and you may not make the Software
    available over a network where it could be used by multiple devices at the same time. You may make one copy of the Software in machine-readable
    form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
    Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble,
    attempt to derive the source code of, modify or create derivative works of the Software or any part thereof. Any attempt to do so is a violation
    of the rights of Solutheon and its licensors of the Software. If you breach this restriction, you may be subject to prosecution and damages.
    THE SOFTWARE IS A TOOL TO OPTIMIZE YOUR AIR CONDITIONING USAGE, BUT ITS PERFORMANCE AND EFFICACY DEPENDS ON THE AVAILABILITY AND OPERATIONAL STATUS OF COMMUNICATION
    NETWORKS PROTOCOLS NEARBY, OWNED AND OPERATED BY THIRD PARTIES, NETWORKS THAT CAN BE DOWN FOR DIFFERENT REASONS AT THE MOMENT THE SOFTWARE TRIES TO ACCESS
    AND USE THEM. THE SOFTWARE IS NOT INTENDED FOR USES IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR
    ENVIRONMENTAL DAMAGE.\n
  3. Transfer. You may not rent, lease, lend or sublicense the Software. You may, however, make a one-time permanent transfer of all of your license rights
    to the Software to another party, provided that: a) the transfer must include all of the Software, including all its component parts, original media, printed
    materials and this License; b) you do not retain any copies of the Software, full or partial, including copies stored on a computer or other storage device;
    and c) the party receiving the Software reads and agrees to accept the terms and conditions of this License.\n
  4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Solutheon if you
    fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Solutheon Software and destroy all copies,
    full or partial, of the Solutheon Software.\n
  5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
    PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SOLUTHEON AND SOLUTHEON’S LICENSORS
    (COLLECTIVELY REFERRED TO AS “SOLUTHEON” FOR THE PURPOSES OF SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS,
    IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
    PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOLUTHEON DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE,
    THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
    SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOLUTHEON SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE
    COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS
    OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.\n
  6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SOLUTHEON BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR
    CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES,
    ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SOLUTHEON
    HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
    SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Solutheon’s total liability to you for all damages (other than as may be required by applicable law in cases involving
    personal injury) exceed the amount of one cent of a dollar ($0.01). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.\n
  7. Export Law Assurances. You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the
    Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported a) into (or to a national or resident of) any U.S. embargoed countries
    (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department
    of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such
    country or on any such list.\n
  8. Controlling Law and Severability and Choice of Forum. This License will be governed by and construed in accordance with the laws of Colombia. This License shall not be governed by
    the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds
    any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
    You agree that the only courts in which You will bring lawsuits concerning the application or enforcement of this License are courts of competent jurisdiction located in Colombia and you
    consent to the exercise of jurisdiction by any such court. This paragraph shall survive in full force and effect regardless of any termination of this License.\n
  9. Complete Agreement and Governing Language. This License constitutes the entire agreement between the parties with respect to the Software licensed hereunder and supersedes all prior or
    contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Solutheon.\n
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