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This End-User License Agreement ("EULA") is
a legal agreement between you, either an individual or a single entity ("Customer"
or "you"), and MediaTwins s.r.o. ("Company" or "Licensor"). By
installing, copying, or otherwise using the above software product, including
computer software, associated media, any printed materials, and any
"online" or electronic documentation (the "Software"), you
agree to be bound by the terms of this EULA.
1. GRANT OF LICENSE
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual
property laws and treaties. The Software is
licensed, not sold. Any rights not explicitly granted under this EULA
are hereby reserved. Provided you have paid all applicable fees and registered
the Software with MediaTwins s.r.o.,
the EULA grants you the following personal, non-exclusive, non-transferable
rights:
You may use the Software on any single
computer; use the Software on a network, provided that each person accessing
the Software through the network must have a copy licensed to that person; use
the Software on a second computer so long as only one copy is used at a time;
or copy the Software for archival purposes, provided any copy must contain all
of the original Software's proprietary notices.
You may not decompile, disassemble, extract or
otherwise reverse engineer any of the Software. You shall not have the right to
obtain or use any source code for the Software, nor copy, reproduce, or
distribute the Software except as provided above. You agree not to rent or
lease the Software, nor use the Software to render time
sharing or service bureau services. You may not use the Software in a
software production "foundry" environment to make third party
software ready for manufacture or installation, except for your internal use.
2. WARRANTY, REMEDY AND LIMITATIONS
Company warrants only that the Software will perform
in substantial accordance with the accompanying user manual.
Some states do not allow certain warranty limitations,
so the restrictions of this Section 2 will apply only to the full extent
permitted by applicable law.
EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Customer assumes all risks as to selection,
quality, installation, results and performance. MediaTwins
s.r.o. does not warrant that the Software will meet
Customer's requirements or that the operation of the Software will be
uninterrupted or error free.
NEITHER COMPANY NOR ANY OF ITS SUPPLIERS SHALL BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS OR PROFITS, BUSINESS
INTERRUPTION OR DELAY, OR LOSS OR INABILITY TO USE DATA), EVEN IF COMPANY OR
ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS
ESSENTIAL PURPOSE, IN NO EVENT SHALL CMPANY'S LIABILITY UNDER THIS AGREEMENT
EXCEED THE SUM OF ANY AMOUNTS PAID HEREUNDER BY CUSTOMER TO COMPANY.
You acknowledge and agree that in order to protect the
integrity of certain third party content, Company or its licensors may provide
for the Software security related updates that will be
automatically downloaded and installed on your computer. Such security related updates may impair the
Software (and any other software on your computer which specifically depends on
the Software) including disabling your ability to copy and/or play
"secure" content, i.e. content protected by digital rights
management. In such an event, Company
and/or its licensors shall use reasonable efforts to promptly
post notices on Company web site explaining the security update and
providing instructions to end-users for obtaining new versions or further
updates of the Software that restore access to secure content and related
features
Once registered, the user is granted a non-exclusive
license to use Software on one computer (i.e. a single CPU), for any legal
purpose, at a time.
3. TERMINATION
The license will terminate automatically if Customer
fails to comply with the terms, conditions or limitations contained in this EULA,
including the payment of applicable license or other fees. On termination,
Customer shall, at Company's option, either return to Company or destroy all
copies of the Software, including documentation. Otherwise, this EULA shall remain
in force until terminated. Customer may terminate this EULA at any time (with
no obligation on the part of Company) by destroying all copies of the Software
and providing notice thereof to Company. The disclaimer of warranty and limitations
on liability contained in Section 2 and shall continue in force even after your
rights to use the Software are terminated.
4. SUPPORT, UPDATES AND UPGRADES.
4.1. Terms of Support. During the license period you are entitled to
technical services and support for the Product which is provided to you by
Licensor during the regular business hours (GMT+01:00), except for locally-observed
holidays, and includes the support provided through a special technical support
section of the Licensor's site (the "Site"). During such period of one year e-mail
support is unlimited and includes technical and support questions and patch fixes.
4.2. Updates. During the license period, you may download Updates to the
Product when and as the Licensor publishes them on the Site, or through other
online services. If the Product is an Update to a previous version of the Product,
you must possess a valid license to such previous version in order to use the Update.
You may continue to use the previous version of the Product on your Client Device
after you receive the Update to assist you in the transition to the Update, provided that:
(i) the Update and the previous version are installed on the same Client Device;
(ii) the previous version or copies thereof are
not transferred to another party or Client Device unless all copies of the
Update are also transferred to such party or Client Device;
(iii) you acknowledge that any modification that you made to the Product
may be lost, altered, distorted or destroyed rendering such modifications,
Product or the part thereof inoperable or non-usable; and
(iv) you acknowledge that any obligation the
Licensor may have to support the previous version of the Product may be ended
upon availability of the Update. Except for the rights to free Updates during
the one-year period, as further defined herein, nothing in this Agreement shall
be construed as to grant you any rights or licenses with regard to the new releases
of the Product or to entitle you to any new release. This Agreement does not
obligate the Company to provide any Updates. Notwithstanding the foregoing,
any Updates that you may receive become part of the Product and the terms of this
Agreement apply to them (unless this Agreement is superseded by a succeeding agreement
accompanying such Update or modified version of the Product).
4.3 Upgrades. If the Software is
designated by Company as an "Upgrade" product, then you may
only use the Software if you are also currently a licensed user of the base
product to which the Upgrade applies. Unless the Company documentation for an
Upgrade specifically provides, you may not separate upgrade products from base
products, nor transfer them separately. Company reserves the sole and exclusive
right to set its policies and prices regarding updates, upgrades and
enhancements. All other terms of this EULA apply with equal force to Upgrades.
Purchase of a License that is not a time limited subscription License entitles
the Licensee to free upgrades of the Software for any minor versions of the Software.
A subscription License entitles the Licensee to free
upgrades of the Software during the period subscribed.
5. DEMO/TRIAL/SHAREWARE VERSIONS
If Company designates the Software as a
"Demo/Trial/Shareware" version, then Customer's license rights under
this EULA shall extend solely for a 30 day evaluation
period, during which Customer's use is restricted solely to permit Customer to
determine whether to purchase an ongoing license to the Software. Customer may
make a reasonable number of copies of the Demo version of this Software,
including documentation, for internal distribution, provided
that any such copies are unmodified and exact. Customer is specifically prohibited
from charging or requesting donations for any such copies; and from distributing
Demo versions of the Software to third parties without prior written permission.
Unregistered use of the Software, including documentation, beyond the 30 day
evaluation period violates federal copyright laws. Demo versions are provided
strictly on an "as is" basis and Section 2 does not apply.
6. PUBLIC ANNOUNCEMENTS.
The Licensor may identify you to the public as a
customer of the Licensor and describe in a customer case study the services and
solutions delivered by the Licensor to you. The
Licensor may also issue one or more press releases, containing an announcement
of the execution and delivery of this Agreement and/or the implementation of
the Product by you. Nothing contained in this Section shall
be construed as an obligation by you to disclose any of your proprietary or
confidential information to any third party. In addition, you may
opt-out from this Section by writing an opt-out request to the Licensor at
official website via technical support ticket.
7. U.S. GOVERNMENT RESTRICTED RIGHTS
If Customer is acquiring the Software, including
documentation on behalf of the U.S. Government, the following provisions apply.
The Software and Documentation are "commercial items" as defined in 48 C.F.R. 2.101 (Oct. 1995)
Consisting of "commercial computer software" and "commercial computer
software documentation" as used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227-7202 (June 1995)
Use, reproduction, or disclosure by the U.S. Government is subject
to the restrictions of this license and 48 C.F.R. 52.227-19(c) (June 1987),
48 C.F.R. 1852.227-86(d) or similar or successor provisions as applicable.
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