**PROPRIETARY SOFTWARE LICENSE AGREEMENT**
**IMPORTANT: READ CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.**
This Proprietary Software License Agreement (the "Agreement") is entered into by and between Fusion Unchained, a CA, USA company, with its principal place of business in San Jose, CA ("Licensor"), and the individual or entity agreeing to these terms ("Licensee"). This Agreement governs Licensee's use of the proprietary software and related materials provided by Licensor (the "Software").
**1. LICENSE GRANT**
1.1 **Trial Period**: Licensor grants Licensee a limited, non-exclusive, non-transferable, revocable license to download and use the Software for a trial period of fourteen (14) days from the date of initial download (the "Trial Period"). During the Trial Period, Licensee may use the Software solely for evaluation purposes.
1.2 **Subscription License**: After the Trial Period, Licensee may continue to use the Software by subscribing to a monthly subscription plan (the "Subscription Plan"). By subscribing, Licensee is granted a non-exclusive, non-transferable, revocable license to use the Software for as long as Licensee maintains an active Subscription Plan and complies with the terms of this Agreement.
**2. PAYMENT**
2.1 **Subscription Fee**: In consideration for the use of the Software, Licensee agrees to pay Licensor the monthly subscription fee (the "Subscription Fee") as specified on Licensor's website or in the Software's documentation.
2.2 **Billing**: Licensee authorizes Licensor to automatically charge the Subscription Fee to the payment method provided by Licensee on a monthly basis, beginning immediately after the Trial Period ends. Licensee shall ensure that payment information remains accurate and up-to-date throughout the Subscription Period.
**3. SOFTWARE UPDATES**
Licensor may provide updates and enhancements to the Software during the Subscription Period. Licensee acknowledges that continued use of the Software may require Licensee to install such updates, and Licensee agrees to do so promptly.
**4. OWNERSHIP**
4.1 **Intellectual Property**: The Software, including all intellectual property rights therein, is and shall remain the exclusive property of Licensor. This Agreement does not convey any ownership interest or rights in the Software to Licensee.
4.2 **Restrictions**: Licensee shall not, directly or indirectly: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software; (b) modify, adapt, translate, or create derivative works based on the Software; (c) rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Software; (d) remove or alter any proprietary notices or labels on the Software.
**5. TERMINATION**
5.1 **Termination for Convenience**: Licensee may terminate this Agreement and the Subscription Plan at any time by canceling the subscription through the Software's account settings. Termination will take effect at the end of the current billing cycle.
5.2 **Termination for Cause**: Licensor may terminate this Agreement and Licensee's access to the Software if Licensee breaches any term or condition of this Agreement. In the event of termination for cause, Licensee shall not be entitled to a refund of any Subscription Fees paid.
**6. DISCLAIMER OF WARRANTY**
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
**7. LIMITATION OF LIABILITY**
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF LICENSEE'S USE OF THE SOFTWARE.
**8. GENERAL**
8.1 **Governing Law**: This Agreement shall be governed by and construed in accordance with the laws of Santa Clara County, CA, USA, without regard to its conflict of laws principles.
8.2 **Entire Agreement**: This Agreement constitutes the entire agreement between Licensor and Licensee concerning the Software and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.
By downloading, installing, or using the Software, Licensee acknowledges that Licensee has read and agrees to be bound by the terms and conditions of this Agreement.
Fusion Unchained
San Jose, CA, USA.
https://www.fusionunchained.com