Software license agreement
END USER LICENSING AGREEMENT
Please read this license carefully before purchasing or
downloading our software.
By downloading the software, clicking on the “accept” button, installing or using the software, you are agreeing to be bound by the terms of this license. If you do not agree to all of the terms of this license click the “decline” button and the installation process will not continue, return the product to the place of purchase for a full refund, or do not download the product. Please note that use of the software with a Microsoft operating system may require additional licenses from Microsoft, and OvationInternet Limited accepts no responsibility or liability for your failure to obtain such licenses, if required.
1. License. The software accompanying this license (hereinafter "Software"), regardless of the media on which it is distributed, are licensed to “you” the “Customer” by OvationInternet Limited for use solely by you. You own the medium on which the Software is recorded, but OvationInternet Limited and OvationInternet Limited’s licensors (referred to collectively as "OvationInternet Limited") retain title to the Software and related documentation.
You may:
Single user:
a) OvationInternet Limited grant the Customer a nonexclusive and non transferable license to use the Software in object code form solely on a single central processing unit owned or leased by the customer.
Multiple users:
b) OvationInternet Limited grant the Customer a nonexclusive and non transferable
license to use the Software in object code form;
a. installed in a single location on a hard disk or other storage device of up to the number of computers owned or leased by the Customer for which Customer has paid a license fee ("Permitted Number of Computers"); or
b. provided the Software is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes:
i. permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or
ii. use of the Software over such network, provided the number of computers connected to the server does not exceed the Permitted Number of Computers.
The Customer may only use the program contained in the Software:
a. for which the Customer has paid a license fee (or in the case of an evaluation copy, those programs the Customer is authorized to evaluate) and
b. for which the Customer has received a product authorization key ("PAK").
OvationInternet Limited may terminate this license for failure to pay the required license fee.
The Customer may make one copy of the Software in machine-readable form for backup purposes only. The Customer must reproduce on such copy OvationInternet Limited’s copyright notice and any other proprietary legends that were on the original copy of the software.
2. Restrictions. The software contains copyrighted and patented material, trade secrets and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not:
a) decompile, reverse engineer, disassemble or otherwise reduce the software to a human-perceivable form;
b) modify, network, rent, lend, loan, distribute or create derivative works based upon the software in whole or in part; or
c) electronically transmit the software from one computer to another or over a network or otherwise transfer the software except as permitted by this license.
3. Termination. This license is effective until terminated. You may terminate this license at any time by destroying the Software, related documentation and all copies thereof. This license will terminate immediately without notice from OvationInternet Limited if you fail to comply with any provision of this license. Upon termination you must destroy the Software, related documentation and all copies thereof.
4. No Other License. No rights or licenses are granted by OvationInternet Limited under this license, expressly or by implication, with respect to any proprietary information or patent, copyright, trade secret or other intellectual property right owned or controlled by OvationInternet Limited, except as expressly provided in this license.
5. Disclaimer of Warranty on Software. You the Customer expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "as is" and without warranty of any kind and OvationInternet Limited expressly disclaims all warranties, expressed and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. OvationInternet Limited does not warrant that the functions contained in the Software will meet your requirements, or that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected. The entire risk as to the results and performance of the Software is assumed by you. Furthermore, OvationInternet Limited does not warrant or make any representations regarding the use or the results of the use of the Software or related documentation in terms of their correctness, accuracy, reliability, currentness, or otherwise. No oral or written information or advice given by OvationInternet Limited or OvationInternet Limited’s authorized representative shall create a warranty or in any way increase the scope of this warranty. Should the Software prove defective, you (and not OvationInternet Limited or OvationInternet Limited’s authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
This warranty does not apply if the Software
a) has been altered, except by OvationInternet Limited
b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by OvationInternet Limited
c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident.
6. Limitation of Liability. Under no circumstances including negligence, shall OvationInternet Limited, or its directors, officers, employees or agents, be liable to you for any incidental, indirect, special or consequential damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use, misuse or inability to use the Software or related documentation, breach or default, including those arising from infringement or alleged infringement of any patent, trademark, copyright or other intellectual property right, by OvationInternet Limited, even if OvationInternet Limited or OvationInternet Limited’s authorized representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
OvationInternet Limited will not be liable for:
a) loss of, or damage to, your records or data, or;
b) any damages claimed by you based on any third party claim.
In no event shall OvationInternet Limited’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the software.
7. Complete Agreement. This license constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this license will be binding unless in writing and signed by a duly authorized representative of OvationInternet Limited.
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