END-USER LICENSE AGREEMENT
By Eltima Software
NOTICE TO USER:
Please read this carefully. By using all or any portion of the Software you accept all the terms and conditions of this Agreement. If you do not agree, do not use this Software.
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Licensor” means Eltima Software.
“Licensee” means You or Your Company, unless otherwise indicated.
“Software” means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to ((i) registration information, i.e. License key which is unique for a registration name of the Licensee; (ii) related explanatory written materials or files (“Documentation”); and (iii) Software setup files and code samples (if any); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Eltima Software (collectively, “Updates”).
“Use” or “Using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
“System” means Windows OS, GNU/Linux or Mac OS X, or any virtual machine.
2. GENERAL USE
As long as the Licensee complies with the terms of this End User License Agreement (the “Agreement”), the Licensor grants the Licensee a non-exclusive right to Use the Software for the purposes described in the Documentation under the following conditions:
- The Software may be installed and used by an unlimited number of developers within the Licensee’s Company on an unlimited number of systems for an unlimited number of projects developed by the Licensee.
- This License includes full and complete programming source code of all of the Software components, but doesn’t include source code of the Software GUI.
- This License doesn’t include redistribution or customization rights on the Software GUI which you can see in the free version of the Software available online. So, the Licensee will have to write his own interface if that is needed for the project.
- The Source Code under this License may be distributed as integral part of or incorporated into software/hardware projects sold by the Licensee.
- The Licensee may implement any changes and modifications to the Source Code purchased, including fixes and functionality extensions, porting to a new platform etc.
- All Source Code, provided by the Licensor to the Licensee and used within an application, developed by the Licensee and distributed or accessible outside the Licensee’s organization (including use from the Internet), must be protected to the extent that it cannot be easily extracted or decompiled.
- The Licensee may not resell, rent, lease or distribute the Source Code separately; it may only be distributed as integral part of or incorporated into the software or hardware product produced by the Licensee.
- The Licensee may not use this Source Code to develop or distribute the products, that would compete with products marketed by the Licensor.
- The Licensor’s copyright notices must not be removed from the Source Code.
- The License is royalty-free. The Licensor shall not claim any fee for the sales of the Licensee’s applications that have the Source Code of the purchased software incorporated.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 This License does not transmit any intellectual rights on the Software. The Software and any copies that the Licensee is authorized by the Licensor to make are the intellectual property of and are owned by the Licensor.
3.2 The Software is protected by copyright, including without limitation by Copyright Law and international treaty provisions.
3.3 Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.
3.4 Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners’ names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give the Licensee any rights of ownership in that trademark.
4. LICENSE TRANSFER
4.1 This License is non-transferable. The Licensee may not transfer the rights to Use the Software to third parties (another person or legal entity).
4.2 The Licensee may not rent, lease, sublicense, lend or transfer any versions or copies of the Software to third parties (another person or legal entity).
4.3 The Licensee may make a backup copy of the Software, provided a backup copy is not installed or used on any system not belonging to the Licensee. The Licensee may not transfer the rights to install or use a backup copy of the Software to third parties (another person or legal entity).
5. MAINTENANCE POLICY
5.1 The License purchase includes 1 (one) year of free upgrades, whether minor or major, and Urgent Support (live chat and email support, as well as optional sales support by phone in English and remote debugging). Check the Licensor’s Support Policy for more information on Urgent Support plan terms and conditions.
5.2 Once the year of free Urgent Support and upgrades is expired, the Licensee can prolong access to these services by ordering one of the following subscriptions: “One-Year Upgrades and Support Renewal” or “Lifetime Upgrades and Support”. Contact Eltima Sales Dpt. to renew the annual support and upgrade program.
5.3. The Licensee may continue to use the previous version of the Software for an unlimited period of time as long as the Licensee has the installer and the license key. For backup purposes the Licensor suggests adding Backup CD to the cart while purchasing the Software online or saving a backup copy of the installer since the Licensor will not be able to provide the Licensee with an old installer.
5.4 The Licensee acknowledges that any obligation the Licensor may have to support the previous version of the Software is ended upon availability of the update. The old Software version hosting and support are discontinued right after the release of the new version.
6.1 The Licensor warrants that:
6.1.1 The Licensor owns the Software and documentation and/or is in possession of valid and existing licenses that support the terms of this Agreement;
6.1.2 the Software conforms to specifications and functionality as specified in Documentation;
6.1.3 to the best of the Licensor’s knowledge, the Software does not infringe upon or violate any intellectual property right of any third party;
6.1.4 the Software does not contain any back door, time bomb, drop dead device or other routine intentionally designed by the Licensor to disable a computer program, or computer instructions that alter, destroy or inhibit the processing environment.
6.2 Except those warranties specified in section 6.1 above, the Software is being delivered to the Licensee “AS IS” and the Licensor makes no warranty as to its use or performance.
The Licensor does not and cannot warrant the performance or results the Licensee may obtain by using the Software. The entire risk arising out of use or performance of the Software remains with the Licensee.
The Licensor gives no warranty, express or implied, that (i) the Software will be of satisfactory quality, suitable for any particular purpose or for any particular use under specified conditions, notwithstanding that such purpose, use, or conditions may be known to the Licensor; or (ii) that the Software will operate error free or without interruption or that any errors will be corrected.
7. LIMITATION OF LIABILITY
In no event will the Licensor be liable for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if the Licensor has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party.
In no event will the Licensee be liable to the Licensor on condition that the Licensee complies with all terms and conditions stated in this License.
If a portion of this Agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is not lawful, the rest of the Agreement is still in force. A party’s failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement.
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