This End-User License Agreement (the “Agreement”) contains the terms and conditions upon which Full Armor Systems, LLC, a Texas limited liability company (“Company”), grants to you (“Licensee”) a limited license to use the HERO  online environment, world-saver package (“Software Product”). Please read this Agreement carefully. By clicking “I AGREE”, you acknowledge that you have read and accept the terms and conditions of this Agreement in its entirety.
SECTION 1: LICENSE GRANT; THIRD-PARTY AUTHORIZATION
Company hereby grants to Licensee, and Licensee hereby accepts, a non-exclusive, non-transferable, limited license (without the right to grant sub-licenses) to download, install, and use the Software Product, together with the associated documentation, tutorials, samples, and tools (collectively, the “Program”) on twenty (20) technology devices you own or control, subject to the terms and conditions of this Agreement.
SECTION 2: LIMITED USE; PROPRIETARY RIGHTS
2.1. Licensee may not rent, lease, lend, sell, redistribute or sublicense the Program. Licensee may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Program, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Program). Any attempt to do so is a violation of the rights of the Company and its licensors. If Licensee breaches this restriction, Licensee may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Company that replace and/or supplement the original Software Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2.2. The Program is the intellectual property of and owned by Company. The structure, organization, and source code of the Program are the valuable trade secrets and confidential information of the Company. The Program is protected by law, including by not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant Licensee any intellectual property rights in the Program. All rights not expressly granted are reserved by Company.
SECTION 3: TERM OF AGREEMENT; TERMINATION
3.1. The term of this Agreement shall commence upon Licensee’s acceptance of this Agreement and is effective until terminated (the “Term”) by Company or Licensee.
3.2. This Agreement and Licensee’s authorization to use the Program shall terminate automatically if Licensee fails to comply with any provision of this Agreement. No notice shall be required from Company to give effect to such termination. Upon termination of this Agreement, Licensee shall cease all use of the Program, and destroy all copies, full or partial, of the Program.
SECTION 4: NO WARRANTIES
4.1. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE PROGRAM IS AT LICENSEE’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH LICENSEE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM AND ANY SERVICES PERFORMED OR PROVIDED BY THE PROGRAM (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PROGRAM AND ANY SERVICES, 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. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PROGRAM, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PROGRAM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PROGRAM OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PROGRAM OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PROGRAM OR SERVICES PROVE DEFECTIVE, LICENSEE ASSUMES 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 PARTICULAR LICENSEES.
4.2. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY 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 PROGRAM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY 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 Company’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 fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
SECTION 5: CONFIDENTIALITY
Except for disclosure to responsible employees and professional advisors on a confidential and as-necessary basis in order to fulfill the purpose of this Agreement, Licensee shall not disclose to any third party any of Company’ proprietary information, including, without limitation, the Program.
SECTION 6: NOTICES
Any notice due or to be given hereunder to Company shall be in writing by U.S. mail or commercial delivery service such as Federal Express and delivered to Company at 11959 White Oak Pass, Conroe, Texas 77385.
SECTION 7: MISCELLANEOUS
7.1. The obligations of this Agreement are personal to Licensee. Licensee may not assign or transfer its rights or obligations under this Agreement.
7.2. This Agreement shall be governed in accordance with the laws of the State of Texas. Any dispute arising out of this Agreement shall be finally and exclusively settled in the state or federal courts located in Harris County in the State of Texas.