Proprietary Rights and Non-Disclosure. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Waiver of Jury Trial. You agree that the Software, including the specific design and structure of individual programs, constitute confidential proprietary information of the Licensor. The Licensor shall not be required to provide any support and Updates for the Trial Version of the Software. Without prejudice to any other rights, this Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein.
Your notice must include your name and address, and your email address you used to set up your account if you have one , and an unequivocal statement that you want to opt out of this arbitration agreement. Doing so will result in an infringement of copyright. No Rights Upon Termination. Under no circumstances you shall sell, rent, lease, license, sublicense, publish, display, distribute, or otherwise transfer to a third party the Software any copy or use thereof, in whole or in part, without Licensor's prior written consent. If you do so, neither you nor Realbotix, LLC can force the other to arbitrate. To opt out, you must notify Realbotix, LLC in writing no later than 30 days after first becoming subject to this arbitration agreement. You may not give, make available, give away, sell or otherwise transfer your License Key or any copy thereof to a third party. The Licensor may terminate this Agreement by offering you a superseding Agreement for the Software or any replacement or Update or New Release of the Software and conditioning your continued use of the Software or such replacement, Updated or upgraded version or New Release on your acceptance of such superseding Agreement. After such period you will not be entitled to a refund. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, processing credit card payments, and providing customer service. The term of this Agreement shall begin when you download or install the Software whichever is earlier and shall continue, unless otherwise terminated pursuant hereto, for the term of one 1 year and subject to renewal for the same time upon new payment by the Licensee and agreed by the Licensor. The dispute will not be consolidated with any other matters or joined with any other cases or parties. By entering into this Agreement, you agree that the Licensor may collect and retain information about you, including your name, email address and credit card information as well as conversation logs between you and the Software. You and Realbotix, LLC are instead electing to have claims and disputes resolved by arbitration. You can use one copy of the specified version of the Software on one 1 computer or device in accordance with the Software requirements. The terms of this Agreement shall be binding upon assignees. If you are under 18 or the applicable age of majority, you are not permitted to submit personal information to us or use the Software. You and Realbotix, LLC agree that all claims and disputes whether contract, tort, or otherwise , including all statutory claims and disputes, arising out of or relating to this Agreement or the use of the Software that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Realbotix, LLC are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. The Licensor shall not be required to provide any support and Updates for the Trial Version of the Software. You specifically agree that each of the terms and conditions of this Section 2 are material and that failure of you to comply with these terms and conditions shall constitute sufficient cause for Licensor to immediately terminate this Agreement and the License granted under this Agreement. Authority of the Arbitrator. The Licensor employs other companies and individuals to perform functions on its behalf. If the applicable law in your jurisdiction grants you a non-waivable right of assignment, you may transfer your rights under this Agreement to another person or entity, provided that a you also assign this Agreement, the Software, all accompanying materials, and all Updates and prior versions, to such person or entity; b retain no copies, including backups and copies stored on a device; c the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software; and d the Licensor is notified about the transfer. Any use of the Software for other purposes is strictly prohibited. Waiver of Class or Consolidated Actions. Without prejudice to any other rights, this Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein.
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