This End-User License Agreement (referred to as the "EULA") is a legally binding agreement between you, the Licensee, an individual customer or entity, and AwareGen Limited Liability Company (LLC), the Licensor, and the author of SwitchView Video Maker, the Software, which may include associated media, printed materials, and online or electronic documentation. This Agreement includes terms that define your legal rights and limit AwareGen LLC’s liability to you, and shall govern all access to and use of this Software. You hereby agree, without limitation or alteration, to all the terms and conditions contained herein.

By installing, copying, or otherwise using the Software, you agree to be bound by the terms and conditions outlined in this EULA. However, if you do not agree to the terms and conditions outlined in this EULA, the you may not download, install, or use the Software.

Definitions

"EULA" shall refer to this End-User License Agreement, including any amendment to this Agreement.

"Licensee" shall refer to the individual or entity that downloads and uses the Software.

"Licensor" shall refer to the author, AwareGen LLC.

"Software " shall mean SwitchView Video Maker, the licensed product provided pursuant to this EULA.

Grant of License

Subject to the terms of this EULA, AwareGen LLC hereby grants to the Licensee a revocable, limited, non-exclusive license during the term of this EULA to possess and to use a copy of the Software. The Software is being distributed by AwareGen LLC. Licensee is not allowed to distribute the Software.

Intellectual Property

Licensee hereby unconditionally agrees that all rights, title and interest in the copyrights, patents and other intellectual property rights in the Software reside with AwareGen LLC. The trademarks, logos, designs, and service marks appearing on the Software are registered and unregistered marks of AwareGen LLC.

Therefore, all rights, titles, interests, and copyrights in and/or to the Software, including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information, are owned by AwareGen LLC. Accordingly, the Software is protected by all applicable copyright, patent and other laws and international treaties, and the Licensee is expected to use the Software in accordance with such laws and treaties, except as otherwise provided for in this EULA.

AwareGen LLC owns the SwitchView Video technology through its patents and AwareGen LLC reserves all rights to SwitchView Video technology. Unlicensed use of this technology is illegal.

Description of Rights and Limitations

Installation and Use: The licensee may install and use the Software on one computer, and make multiple back-up copies of the Software, solely for the Licensee's use within the Licensee's business or personal use.

Reproduction and Distribution: The Licensee may not duplicate or re-distribute copies of the Software without express written permission by AwareGen LLC.

Licensee Limitation: The Licensee may not:

1. Use the Software for any illegal or unlawful purpose.

Update and Maintenance

AwareGen LLC shall provide updates and maintenance to the Software on an as-needed basis in its sole discretion.

General Provisions

Termination

In the event of termination, all licenses provided under this EULA shall immediately terminate, and the Licensee agrees to discontinue accessing or attempting to access the Software.

Accordingly, this EULA may be:

1. Automatically terminated if the Licensee fails to comply with any of the terms and conditions under this EULA;
2. Terminated by AwareGen LLC; or
3. Terminated by the Licensee.

Either AwareGen LLC or the Licensee may terminate this EULA immediately upon written notice to the other party, including but not limited to electronic mail.

Non-Transferability

This EULA is not assignable or transferable by the Licensee without a prior written consent of AwareGen LLC; and any attempt to do so shall be void.

Notice

Any notice, report, approval or consent required under this EULA shall be in writing and deemed to have been duly given if delivered by recorded delivery to the respective addresses or electronic mail of the parties.

Integration

Both parties hereby agree that this EULA is the entire and exclusive statement and legal acknowledgment of the mutual understanding of the parties and supersedes and cancels any previous written or oral agreement and/or communication relating to the subject matter of this EULA.

Severability

No delay or failure to exercise, on the part of either party, any privilege, power or rights under this EULA shall operate as a waiver of any of the terms and provisions of this EULA. Accordingly, no single or partial exercise of any right under this EULA shall preclude further exercise of any other right under this EULA. If any of the outlined provisions of this EULA is deemed to be unenforceable or invalid in whole or in part by a court of competent jurisdiction, such provision shall be limited to the minimum extent necessary for this EULA to remain in full force and effect and enforceable. The remaining provisions of this EULA shall continue to be enforceable and valid in isolation of the unenforceable and invalid provisions of this EULA.

Warranty and Disclaimer

AwareGen LLC expressly disclaims any warranty for the Software. The Software and all applicable documentation are provided as-is, without warranty of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Accordingly, the Licensee accepts any risk arising out of the use or performance of the Software.

Limited Liability

The Licensee agrees that AwareGen LLC shall not be liable to Licensee, or any other related person or entity claiming any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise, even if AwareGen LLC has been advised of the possibility of such damages. These limitations shall necessarily apply regardless of the primary purpose of any limited remedy. Under no circumstances shall AwareGen LLC’s aggregate liability to the Licensee, or any other person or entity claiming through the Licensee, be more than the actual monetary amount paid by the Licensee to AwareGen LLC for the Software.

Indemnification

The Licensee hereby agrees to indemnify and hold AwareGen LLC harmless from and against all liabilities, damages, losses or expenses, including but not limited to reasonable attorney or other professional fees in any claim, demand, action or proceeding initiated by any third-party against AwareGen LLC, arising from any of the Licensee’s acts, including without limitation, violating this EULA or any other agreement or any applicable law.

Entire Agreement

This EULA constitutes the entire understanding between AwareGen LLC and the Licensee and all parties involved.