ProctorU Auto
Copyright (c) 2011 - 2017 ProctorU Inc.

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By receiving, opening the file package, and/or using ProctorU Auto ("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by ProctorU Inc. your use of ProctorU Auto indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, ProctorU Inc. grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use ProctorU Auto in accordance with this Agreement and any other written agreement with ProctorU Inc.. ProctorU Inc. does not transfer the title of ProctorU Auto to you; the license granted to you is not a sale. This agreement is a binding legal agreement between ProctorU Inc. and the purchasers or users of ProctorU Auto.

If you do not agree to be bound by this agreement, remove ProctorU Auto from your computer now and, if applicable, promptly return to ProctorU Inc. by mail any copies of ProctorU Auto 1.0 and related documentation and packaging in your possession.

Open Sources Licenses can be found in the licenses.txt file.

2. DISTRIBUTION

ProctorU Auto and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of ProctorU Auto contact ProctorU Inc..

3. USER AGREEMENT

3.1 Use

Use of this software is conditioned on your acceptance of our Terms of Service that can be found here:  https://www.proctoru.com/terms/

3.2 Use Restrictions

You shall use ProctorU Auto in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of ProctorU Auto 1.0 together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile ProctorU Auto . Nor can you create any derivative works or other works that are based upon or derived from ProctorU Auto in whole or in part.

ProctorU Inc.'s name, logo and graphics file that represents ProctorU Auto shall not be used in any way to promote products developed with ProctorU Auto . ProctorU Inc. retains sole and exclusive ownership of all right, title and interest in and to ProctorU Auto and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of ProctorU Auto, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for ProctorU Inc..

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend ProctorU Inc. , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of ProctorU Inc.'s Software.

In no event (including, without limitation, in the event of negligence) will ProctorU Inc. , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, ProctorU Auto 1.0 or the use or inability to use ProctorU Auto 1.0 or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

ProctorU Inc.'s entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by ProctorU Inc. ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to ProctorU Inc..

3.5 Warranties

Except as expressly stated in writing, ProctorU Inc. makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of ProctorU Auto and destroy all copies of ProctorU Auto supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ProctorU Auto AS WELL.

5. CONSENT OF USE OF DATA

You agree that ProctorU Inc. may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to ProctorU Auto. ProctorU Inc. may also use this information to provide notices to you which may be of use or interest to you.  Please see our privacy policy here: https://www.proctoru.com/privacy-policy/
 	
