Fortuna Software Terms

By downloading any Fortuna Software, it is understood that you agree to the following terms and conditions:

IMPORTANT-READ CAREFULLY:

This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Fortuna Software for the software that accompanies this EULA, which includes computer software and may include associated media, printed materials, or electronic documentation, and Internet-based services. An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.

GRANT OF LICENSE.

Fortuna grants you the following rights provided that you comply with all terms and conditions of this EULA:

Fortuna grants you a personal, nonexclusive, royalty-free license to install and use the Software. You may install and use the Software on an unlimited number of computers so long as you are the only individual using the Software.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

You may not redistribute any Fortuna Software.

RESERVATION OF RIGHTS AND OWNERSHIP.

Fortuna reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Fortuna own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.

LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY

You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Technical support is provided for the software only on condition that the software is used for its designed purpose

LINKS TO THIRD PARTY SITES.

You may link to third party sites through the use of the Software. The third party sites are not under the control of Fortuna, and Fortuna is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Fortuna is not responsible for webcasting or any other form of transmission received from any third party sites. Fortuna is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Fortuna of the third party site.

ADDITIONAL SOFTWARE SERVICES.

This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Fortuna may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Fortuna reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.

TERMINATION

Without prejudice to any other rights, Fortuna may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts. To the maximum extent permitted by applicable law, Fortuna provides TO YOU the Software, and support services AS IS AND WITH ALL FAULTS; and Fortuna hereby disclaims all OTHER warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) IMPLIED warranties, DUTIES or conditions of MERCHANTABILITY, of fitness for a particular purpose, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the Software.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES

To the maximum extent permitted by applicable law, in no event shall Fortuna or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the PRODUCT, the provision of or failure to provide Support OR OTHER Services, informaton, software, and related CONTENT through the product or otherwise arising out of the use of the product, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Microsoft or any supplier, and even if Microsoft or any supplier has been advised of the possibility of such damages.

LIMITATION OF LIABILITY AND REMEDIES

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages IN CONTRACT OR ANYTHING ELSE), the entire liability of Fortuna under any provision of this Supplemental EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT actually paid by you for the Software or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

APPLICABLE LAW.

If you acquired this Software in South Africa, this EULA is governed by the laws of South Africa. If you acquired this Software elsewhere, then the local law applies; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the local federal and provincial courts.

ENTIRE AGREEMENT; SEVERABILITY.

This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Fortuna relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Fortuna policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.