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END-USER
LICENSE AGREEMENT
END-USER LICENSE AGREEMENT FOR OUR SOFTWARE
PRODUCT LICENSE INFORMATION
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING
LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE
"SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE
THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE
BY USER WITH THE TERMS OF THIS AGREEMENT.
LICENSE GRANT. HSLab grants you a license
to use one copy of the version of this SOFTWARE on any one hardware product
for as many licenses as you purchase. "You" means the company,
entity or individual whose funds are used to pay the license fee. "Use"
means storing, loading, installing, executing or displaying the SOFTWARE.
You may not modify the SOFTWARE or disable any licensing or control features
of the SOFTWARE except as an intended part of the SOFTWARE's programming
features. When you first obtain a copy of the SOFTWARE, you are granted
an evaluation period of not more than 30 days, after which time you must
pay for the SOFTWARE according to the terms and prices discussed in the
SOFTWARE's documentation, or you must remove the SOFTWARE from your computer.
This license is not transferable to any other hardware product or other
company, entity, or individual.
OWNERSHIP. The SOFTWARE is owned and copyrighted
by HSLab. Your license confers no title or ownership in the SOFTWARE and
should not be construed as a sale of any right in the SOFTWARE.
COPYRIGHT. The SOFTWARE is protected by
United States copyright law and international treaty provisions. You acknowledge
that no title to the intellectual property in the SOFTWARE is transferred
to you. You further acknowledge that title and full ownership rights to
the SOFTWARE will
remain the exclusive property of HSLab and you will not acquire any rights
to the SOFTWARE except as expressly set forth in this license. You agree
that any copies of the SOFTWARE will contain the same proprietary notices
which appear on and in the SOFTWARE.
REVERSE ENGINEERING. You agree that you
will not attempt to reverse compile, modify, translate, or disassemble
the SOFTWARE in whole or in part.
UNAUTHORIZED USE. You may not use, copy,
rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer,
or transfer the SOFTWARE except as provided in this agreement. Any such
unauthorized use shall result in immediate and automatic termination of
this license.
BUNDLING. In no case may this product
be bundled with hardware or other non-shareware software without written
permission from HSLab .
All distribution of SOFTWARE is further
restricted with regard to sources which also distribute virus source code
and related virus construction/creation materials. The SOFTWARE may not
be made available on any site, CD-ROM, or with any package which makes
available or contains viruses, virus source code, virus construction programs,
or virus creation material.
LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED
ON AN "AS IS" BASIS. HSLab DISCLAIMS ALL WARRANTIES RELATING
TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. NEITHER [COMPANY] NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR
ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE
USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF HSLab HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE
BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION
OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW
INCAPABLE OF EXCLUSION OR RESTRICTION. IN NO EVENT SHALL ANY THEORY OF
LIABILITY EXCEED THE LICENSE FEE PAID TO HSLab.
SEVERABILITY. In the event of invalidity
of any provision of this license, the parties agree that such invalidity
shall not affect the validity of the remaining portions of this license.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL HSLab OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE
DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF HSLab HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HSLab's LIABILITY
FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY,
EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
GOVERNING LAW. This agreement shall be
governed by the laws of the State of US excluding the application of its
conflicts of law rules and shall inure to the benefit of HSLab and any
successors, administrators, heirs and assigns. Any action or proceeding
brought by either party against the other arising out of or related to
this agreement shall be brought only in a STATE or FEDERAL COURT of competent
jurisdiction located in US County. The parties hereby consent to in personam
jurisdiction of said courts. The United Nations Convention on Contracts
for the International Sale of Goods is specifically disclaimed. These
Terms of Use will be governed by and construed in accordance with the
laws of the Ukraine. You agree and consent that jurisdiction and proper
venue for all claims, actions and proceedings of any kind relating to
Handy Software Lab or the matters in these Terms of Use shall be exclusively
in courts located in Kiev.
INSPECTION AND TESTING. You agree and
acknowledge that you will thoroughly inspect and test the SOFTWARE for
all of your purposes upon commencement of your use. Any suit or other
legal action, claim or any arbitration relating in any way to this agreement
or software covered by it must be officially filed or officially commenced
no later than 90 days after your first use of the software.
ENTIRE AGREEMENT. This is the entire agreement
between you and HSLab which supersedes any prior agreement or understanding,
whether written or oral, relating to the subject matter of this license.
RESERVED RIGHTS. All rights not expressly
granted here are reserved to HSLab. |