End user agreement for FlashSpring Pro
IMPORTANT: read the following terms carefully before installing, using and copying the Software Product. By installing, using and copying the Software Product you agree to accept all of the following terms. If you do not agree with the terms of this EULA, you must not use the Software Product.
END-USER LICENSE AGREEMENT FOR FLASHSPRING PRO SOFTWARE
This End-User License Agreement (“EULA”), effective as of the date you accept the terms hereof (unless returned as specified above, the Effective Date), is a legal agreement entered into between CPS Labs Ltd. with an address at 166, Pervomaiskaya str., Yoshkar-Ola, Russia, 424003 ("CPS Labs") and you, the end user of Software Product . The parties agree as follows:
In accordance with the terms herein, CPS Labs grants to you, and you accept from CPS Labs, a non-exclusive, non-transferable and non-assignable, limited license to use the current version of CPS Labs’ Software Product. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold. All rights not expressly granted are reserved by CPS Labs.
2.1. Commercial use means use of the Software Product within your company solely for your internal business purposes.
2.2. Demo mode is special running mode of the Software Product with limited functionality enough for evaluation purposes.
2.3. Demo version of Software Product is the evaluation copy of the Software Product which runs in Demo mode. Demo version clearly shows that the Software Product is used only for evaluation purpose and should not be used for any commercial use other than evaluating the Software Product.
2.4. Educational use means use of the Software Product within your home or some official educational establishment for educational purposes.
2.5. Evaluation use means use of the Demo version for evaluation of Software Product functionality and capabilities.
2.6. Non profit use means use of the Software Product within your home or some noncommercial establishment for purposes which are not connected with any business activities.
2.7. Private use means use of the Software Product within your home for your individual purposes that are not connected with Commercial use.
2.8. Software Product means the FlashSpring Pro software accompanying this EULA, which includes executable modules and electronic documentation and may include associated media, printed materials, and information available at the product web site protected by copyright laws. The Software Product also includes any updates and supplements to the original Software Product provided by CPS Labs. Any software provided along with the Software Product that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement.
3. GRANT OF LICENSE
CPS Labs grants you a limited, non-exclusive, non-transferable, non-renewable license to install, use, access, display, run, or otherwise interact with ("RUN") the Software Product. The scope of valid use of the Software Product is defined by particular type of Software Product License. You must use the Software Product according to one of the Software Product License types you have obtained as specified below.
3.1. Evaluation License permits Evaluation use of the Software Product during unlimited period free of charge. You may make copies of the Demo version, install it on a number of computers and make it available to third parties. While using Demo version, you have the option of purchasing a license in order to use the Software Product with unrestricted functionality.
3.2. Business License permits Commercial use of one copy of the Software Product only on one computer. However, subject to the same use limitations and restrictions, you may make a second copy and install it either on a portable or on a home computer under your control, provided that: (a) both copies of the Software Product are not used at the same time, and the portable/home computer copy is used solely as allowed for such version or edition (e.g., educational use only); and (b) the second copy of the Software Product is not installed or used after the time you are no longer the primary user of the computer on which the primary copy of Software Product is installed. To activate a second copy as provided in this Section 2.2, you must send an email request (including your product key) to firstname.lastname@example.org.
3.3. Noncommercial License permits Private, Educational and Non Profit use of one copy of the Software Product only on one computer.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
4.1. You may not resell, or otherwise transfer for value, the Software Product under any circumstances.
4.2. You may not make modifications to the Software Product, or decompile, disassemble, reverse engineer or modify the Software Product or any portion of it.
4.3. The Software Product is licensed as a single product. Its component parts may not be separated not within the Software Product.
4.4. This EULA does not grant you any rights in connection with any trademarks or service marks of CPS Labs.
4.5. You may not rent, lease, or lend the Software Product to other users.
4.6. You may not make any transfers of this EULA and Software Product to a third party.
4.7. You acknowledge that the Software Product may contain code or require devices that detect or prevent unauthorized use of, or disable, the Software Product.
The title and all copyrights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Product ), the accompanying printed materials, and all copies of the Software Product are owned by CPS Labs. All title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. Software Product documentation is provided in electronic form. You may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software Product.
6. LIMITED WARRANTY
6.1. CPS Labs warrants that Software Product will conform, as to all substantial operational features, to CPS Labs' current published specifications when installed and will be free of defects which substantially affect system performance.
6.2. You must notify CPS Labs in writing, within thirty (30) days of delivery of the Software Product to you (not including delivery of any subsequent modifications to the Software Product ), of its claim of any such defect. If the Software Product is found defective by CPS Labs, CPS Labs' sole obligation under this warranty is to use reasonable commercial efforts to attempt to correct or work around errors, replace defective media or replace the Software Product with functionally equivalent Software Product.
6.3. THE ABOVE IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY CPS LABS. CPS LABS MAKES AND YOU RECEIVES NO WARRANTY, EXPRESS OR IMPLIED, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CPS LABS SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF CPS LABS FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE Software Product SYSTEMS.
6.4. If any modifications are made to the Software Product by you during the warranty period, this warranty shall immediately be terminated. Correction for difficulties or defects traceable to your errors or systems changes shall be billed at CPS Labs' standard time and material charges.
6.5. You agree that CPS Labs' liability arising out of contract, negligence, strict liability in tort or warranty shall not exceed any amounts payable by you for the Software Product identified above.
7. DISCLAIMER OF DAMAGES
CPS Labs assumes no liability in case of special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software Product or the provision of or failure to provide Support Services, even if CPS Labs has been advised of the possibility of such damages.
8. TERM AND TERMINATION
8.1. This EULA comes into effect when you install the Software Product on your computer, and is effective for the entire period of use of the Software Product.
8.2. CPS Labs shall have the right to terminate this agreement and license granted herein:
8.2.1. Without prejudice to any other rights, CPS Labs 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 Product and all of its component parts.
8.2.2. Without limiting any of the above provisions, in the event of termination as a result of your failure to comply with any of its obligations under this Agreement, you shall continue to be obligated for any payments due. Termination of the license shall be in addition to and not in lieu of any equitable remedies available to CPS Labs.
8.3. You may terminate this agreement giving CPS Labs thirty (30) days' written notice. By the time of termination you must pay CPS Labs any amounts due under the Agreement and immediately stop using all rights granted by the Agreement.