End user agreement for Yapp the project calculator
END-USER LICENSE AGREEMENT FOR Yapp 2.0
IMPORTANT - READ THESE TERMS CAREFULLY BEFORE INSTALLING THIS SOFTWARE. BY DOWNLOADING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING THE SOFTWARE. THE TRIAL VERSION OF THE SOFTWARE WILL EXPIRE AND NOT OPERATE AFTER TEN (10) USES OF THE SOFTWARE AFTER INSTALLATION. THE PURCHASE OF A SOFTWARE KEY (REGISTRATION CODE) IS REQUIRED FOR ONGOING USE OF THE SOFTWARE AFTER THE TEN (10) USE TRIAL PERIOD. THIS SINGLE END-USER LICENSE AGREEMENT GOVERNS THE TRIAL USE AND, UPON ITS PURCHASE, ONGOING USE OF THE SOFTWARE.
1. Grant of License for Registered Users
PlexityHide, HB. grants you a non-exclusive, non-transferable license to use the program with which this license is distributed, which is known as Yapp, Version 1.0, (the "Software"), including any documentation files accompanying the Software ("Documentation") on a single server (if the Software is server based) or personal computer to support one user and to make one backup copy of the Software, provided that: (i) only one user at a time can use the Software, (ii) the Software is installed on only one server or personal computer; (iii) the Software is NOT modified; (iv) all copyright notices are maintained on the Software; and (v) you agree to be bound by the terms of this License Agreement. Licenses that enable you to license the Software for multiple users may be purchased separately from PlexityHide, HB.
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Such license shall include updates to the Software and Documentation (i.e., Yapp 1.0x, and so forth). This license shall not extend to new versions of the Software (i.e., Yapp 2.0, 3.0, and so forth) and use of such new versions if desired will require purchase of that new version. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with PlexityHide, HB. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement.
The Software and Documentation contain material that is protected by EU copyright law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by PlexityHide, HB. You may not remove any proprietary notice of PlexityHide, HB. from any copy of the Software or Documentation.
If you have SourceCode license you may not create derivative works based on the SourceCode that will conflict with plexityHide business. You may not publish the source code.
For none SourceCode license holders: You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software.
You acknowledge that the Software contains proprietary trade secrets of PlexityHide, HB. and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of effort as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the program for the purpose of deriving the source code of the Program or defeating the Software Key (Registration Code).
6. Limited Warranty
(a) Licensee Responsible for Installation and Use
You assume responsibility for the selection of the Software to achieve your intended results, and for the installation, use, and results obtained from the Software.
(b) Year 2000 Compliance
The Software, when used in accordance with its associated Documentation, will be capable upon installation of accurately processing, providing and/or receiving date data from, into, and between the twentieth and twenty-first centuries, including the years 1999 and 2000, and leap year calculations, provided that all other products (e.g., hardware, software and firmware) used in combination with the Software properly exchange date data with it.
(c) No Other Performance Warranty
(i) EXCEPT AS SET FORTH ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.
(ii) EXCEPT AS SET FORTH ABOVE, PlexityHide, HB. 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. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE YOU (AND NOT PlexityHide, HB.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
(iii) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
(d) No Other Warranty
PlexityHide, HB. DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE.
7. Limitation of Liability
IN NO EVENT WILL PlexityHide, HB. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF PlexityHide, HB. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PlexityHide, HB.'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Export Restrictions
Unless a Registration Code is purchased, this license will terminate after 30 days. Upon purchasing a Registration Code, this License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to PlexityHide, HB. all copies of the Software and Documentation in your possession or under your control. This License will terminate automatically upon your failure to comply with the terms of this Agreement or failure to pay the license fee. Upon termination, you agree to destroy or return to PlexityHide, HB. all copies of the Software and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.
You agree to pay (and to reimburse PlexityHide, HB. on request if PlexityHide, HB. is required to pay) any sales, use, value added (VAT), consumption or other tax (excluding any tax on PlexityHide, HB.'s net income) or other fee or charge of any kind or nature that is levied or imposed by any governmental authority on your purchase of the Software, this License, the Documentation, or your use of the Software.
(a) Construction; Jurisdiction; Waiver; Severability
This License Agreement shall be construed, interpreted and governed by the laws of Sweden and the EU. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.
(b) Purchaser Questions
Should you have any questions concerning this Agreement, or if you desire to contact PlexityHide, HB. for any reason, please write or e-mail PlexityHide, HB., Gråstensvägen 24, S-163 45 Spånga, Sweden, e-mail: feedback@PlexityHide.com. For support services, see PlexityHide, HB.'s website at www.plexityHide.com, which provides information as to current support policies, services, and resources, or e-mail PlexityHide, HB. at the address set forth above. PlexityHide, HB. reserves the right to modify its support policies and services in its sole discretion.