PWARE END USER AGREEMENT (herein "Agreement")
THIS SOFTWARE IS PROVIDED "AS IS" AND "WITH ALL FAULTS". ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. BY USING THIS SOFTWARE YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS HUDSON VALLEY COMMUNITY COLLEGE ITS CONTRIBUTORS, EMPLOYEES, CONSULTANTS AND/OR THE AUTHOR(S) AND/OR OWNER(S) (HEREIN HUDSON VALLEY COMMUNITY COLLEGE) FROM ANY AND ALL SUCH DAMAGES THAT MY ARISE FROM THE USE AND/OR MISUSE OF THIS SOFTWARE. FURTHERMORE, IN NO EVENT SHALL HUDSON VALLEY COMMUNITY COLLEGE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Any claim or controversy arising out of or relating to this Agreement or a breach thereof shall be submitted to and settled by arbitration in Troy New York, in accordance with the rules of the American Arbitration Association.
This Agreement shall be subject to and shall be construed under the laws of the State of New York. For any reason should a cause of action arise that is not covered by the arbitration clause of this Agreement, the laws of the State of New York will be the governing law, without giving effect to any law or rule that would cause the laws of any jurisdiction other than the State of New York to be applied. Any action arising out of this Agreement shall be litigated in, and only in, courts located in Troy, New York and both Hudson Valley Community College and End Users agree to submit to the exclusive jurisdiction of those courts and further agree that they are a convenient forum. All parties hereby waive the right to trial by jury in any action arising out of or relating to the terms of this Agreement.
The names of the authors and copyright holders must not be used in advertising or otherwise to promote the sale, use or other dealing in this Software without specific, written prior permission as required by the authors and copyright holders. Title to copyright in this Software shall at all times remain with copyright holders.
All licensing requirements are adhered to with respect to the varying public licenses such as GPL and lesser GPL where applicable to specific software including but not limited to dissemination of any changes to source code back to code trees where applicable and required by the agreement of the software author/owner.
The availability of this installable software package does not imply that Hudson Valley Community College recommends or advocates the use of this or any software product for use in development or production environments. All decisions regarding the selection, installation and use of any software product are THE SOLE RESPONSIBILITY OF THE INSTALLER.
This agreement supersedes all prior agreements whether written, oral, established by custom, practice, policy or precedent relating to the subject matter of this Agreement.
In the event any term or provision of this Agreement shall be held invalid, illegal or unenforceable in whole or in part, neither the validity of the remaining part of such term or provision, nor the validity of any other term or provision of this Agreement shall in any way be affected thereby.