END USER LICENSE AGREEMENT
This copy of the BioMarx & Creature Capture 2 in 1 Application (i.e., the software product) and accompanying documentation is licensed and not sold. This Application is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property.
Partnership America Inc. or its subsidiaries, affiliates, and suppliers (collectively “PA”) own intellectual property rights in the Software Product-i.e., the Application. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product-i.e., the Application is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT OPTION AND BY DOWNLOADING, OR ACCEPTING THE SOFTWARE PRODUCT-i.e., THE APPLICATION OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT-i.e., THE APPLICATION.IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT. YOU MUST SELECT “DECLINE” AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT-i.e., THE APPLICATION.
License Grant
This Agreement entitles you to install and use one copy of the Software Product-i.e., the Application for Personal Evaluation per the Software Product-i.e., the Application instructions. The archival copy is stored on the platform (i.e., Google Play or Apple Store(s) of your licensed-registered version, and can only be used for reinstallation of the Software Product-i.e., the Application.
This Agreement does not permit the installation or use of multiple copies of the Software Product-i.e., the Application on more than one mobile (Android or Apple iOS) device at any given time, on a system that allows shared use of applications, on more than one device at any given time, or on a system that allows shared use of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users.
Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product-i.e., the Application. For further information regarding multiple copy licensing of the Software Product-i.e., the Application, please contact:
Representative: Jay Arthur
Address: P.O. Box 58
Ivanhoe, California 93235
Phone: (408) 607-1140
Email address: 
info@partnershipamerica.org
Restrictions on Transfer
Without first obtaining the express written consent of PA, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sub-license, or otherwise transfer your rights to the Software Product-i.e., the Application.
Restrictions on Use
You may not use, copy or install the Software Product-i.e., the Application on any system or device with more than the permitted use as expressed in this Agreement, or permit the use, copying, or installation of the Software Product-i.e., the Application by more than one user or on more than one device or computer, If you hold multiple, validly licensed copies, you may not use, copy or install the Software Product-i.e., the Application on any system or device with more than the number of computer(s) or device(s) permitted by this license, or permit the use, copying, or installation by more users, or on more computers, or devices than the number permitted by license.
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product-i.e., the Application.
You may not use the database portion of the Software Product-i.e., the Application in connection with any software other than the Software Product-i.e., the Application.
You may not use Software Product-i.e., the Application and its results to harass, intimidate, or reveal the conclusions produced by the image filter of the Software Product-i.e., the Application, as the expressed use of the Software Product-i.e., the Application is for “Personal Evaluation”.
Restrictions on Alteration
You may not modify the Software Product-i.e., the Application or create any derivative work of Software Product-i.e., the Application or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product-i.e., the Application. You may not reproduce the database portion or create any tables or reports relating to the database portion of the Software Product-i.e., the Application.
Limited Software Product-i.e., the Application Product Warranty
For a period of 30 days from the date of shipment or from the date that you download the Software Product-i.e., the Application, as applicable, PA warrants that when properly installed and used under normal conditions, the Software Product-i.e., the Application will perform substantially as advertised.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREES TO IN WRITING BY PA, PA MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTATION OF THE END USER LICENSE AGREEMENT PROVIDED.
PA makes no warranty that the Software Product-i.e., the Application will meet your requirements or operate under your specific conditions of use, as the Software Product-i.e., the Application is for Personal Evaluation. PA makes no warranty that operation of the Software Product-i.e., the Application will be secure, error free, or free from interruption.
YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT-i.e.,THE APPLICATION SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT-i.e., THE APPLICATION TO MEET YOUR REQUIREMENTS. PA WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTE, MOBILE DEVICE, OR ANY INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL PA, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, MISUSE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT-i.e., THE APPLICATION, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF PA OR ANY OTHER PARTY, EVEN IF PA IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS PA’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES. THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product-i.e., the Application. Selection of whether to correct or replace shall be solely at the discretion of PA. PA reserves the right to substitute a functionally equivalent copy of the Software Product-i.e., the Application as a replacement. If PA is unable to provide a replacement or substitute a functionally n, your sole alternate remedy shall be a refund of the purchase price for the Software Product-i.e., the Application exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by PA to have been cause by you. All limited warranties on the Software Product-i.e., the
Application are granted only to you and are non-transferable. You agree to indemnify and hold PA harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Wyoming, without regard to Wyoming’s conflict or choice of law provisions.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.