End user agreement for PowerPVC 2010
CONDITIONS OF LICENSE TO USE SOFTWARE
PowerPVC Small Business 2010
1. TERMS OF RETAIL LICENSES
These license terms are an agreement between Bistriy (or one of its affiliates, depending on where you live) and you. Please read them. They are accompanied by their software, including the media on which you received it (if any). These conditions also apply to any
• Internet-based services and
• Support Services
Company Bistriy for this software, if these elements are not accompanied by other conditions. If other conditions are attached, they shall prevail.
BY USING THIS SOFTWARE, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
As discussed below, YOUR USE OF THE SOFTWARE, AND YOU CONSENT TO THE TRANSMISSION OF CERTAIN information about your computer during activation, VERIFICATION AND FOR INTERNET-BASED SERVICES.
IF YOU AGREE WITH THESE TERMS, SO FOR EACH LICENSE YOU ACQUIRE YOU PROVIDED THE FOLLOWING TERMS.
1. REVIEW. These license terms permit to install and use one copy of the software on one device, as well as provide other rights described below.
2. RIGHT TO INSTALLATION AND USE RIGHTS. Before you use the software under a license, you must assign a license to one device. This device will be "licensed device." A hardware partition or blade servers "blade server" is considered a separate physical device.
Yes. Licensed Device. You may install and use one copy of the software on one licensed device.
b.. Portable. You may install another copy of the software on a portable device for use by the single primary user of the licensed device.
into. Separation into components. Software components are licensed together as a single product. You can not separate the components and install them on other devices.
Yes. Dial. The single primary user of the licensed device may access the software installed on the licensed device, and use it with any other device. You can allow other users to access software to provide you with support services. For such access, additional licenses are required. No other person can not simultaneously use the same license for any other purpose.
b.. Testing and transformation. All software, or part thereof may be made available under license for testing. Your right to use the test software are limited to a period of testing. Test the software and the duration of the testing period are given at the time of activation. You may be able to convert their rights to test subscription or perpetual rights. Options for conversion rights will be offered at the end of the testing period. If after the period of testing your rights will not be converted, then most of the functions of test software will stop working.
into. Software subscription. If the software was granted to you under license on a subscription basis, your rights to use the software are limited to the period of subscription. You may offer to renew a subscription or convert it into a perpetual license. In the case of renewal of subscription, you can continue to use the software before the end of the extended subscription period. For information on subscribing can be found in the activation screens or other accompanying material. When the subscription period ends, most of the functions of the software stops working
g. Tools. The software may include a tool kit PowerPVC SDK for Applications for the development of applications and other tools. You can use any development tools included in the software, only for the design, development, testing, use and display their programs with the software.
4. MANDATORY ACTIVATION. Activation associates the use of software with a specific device. During activation, the software will send information about the hardware and software in the company Bistriy. This information includes the version, the version of the license, language software and product ID, and IP-address of the device and the information obtained from the hardware configuration.
Using these functions, you signify your consent to the transfer of such information. After the recommended period of activation of your rights to use the software will be limited to as long as the activation would not be made. This is done to prevent the use of the product without a license. Activate the software is available on the Internet or E-mail. Internet services may apply. If you modify your computer or make changes to the software, you may need to reactivate the software. SOFTWARE will remind you to activate until until you activate it.
Yes. From time to time the software will update the download or request a check function, which is part of the software. Check function checks that the software is activated and it has a license. Testing will also use some functions of the software and receive additional benefits.
b.. In the process of checking the software will send information about the software in the company Bistriy. This information includes the software version and product key. Company Bistriy not use this information to identify or contact you. Using these functions, you signify your consent to the transfer of such information.
into. If the software is no official license, it can affect its functionality. For example, you may need to reactivate, you will receive a reminder of the need to activate the software or not be able to receive certain updates or services from the company Bistriy.
g. You can receive updates to the software only on the company Bistriy or authorized sources.
6. INTERNET-BASED SERVICES. With the software company Bistriy provides access to Internet services. Bistriy Company may at any time to modify or discontinue these services, unless otherwise indicated in the accompanying materials for a particular service.
Yes. Consent to Use of Internet services. The software features described below connect to the Internet to computer systems company Bistriy or service provider. Sometimes when they connect without any notice. Unless otherwise indicated, you can disable these features or not use them. For more information, visit the Web site. Using these functions, you agree to transfer the data. Company Bistriy not use this information to identify or contact you.
For information about your computer. The following features use Internet protocols to the appropriate systems passed information about your computer such as your IP-address, type of operating system and browser name and version of software you are using, and the language code for your device on which you installed the software. Company Bistriy uses this information to provide you access to Internet services.
• Means of the contents of Web resources. In software, there are functions that can retrieve related content from the company Bistriy and give it to you. Examples of these features are information on the release of new version of the database functions of training and online assistance, as well as function HowTo. You can not use these features, web content resources.
• Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending encrypted information in accordance with standard x.509. In addition, they can be used to digitally sign files and macros, as well as to verify the integrity and origin of the contents of files. The software retrieves certificates and updates certificate revocation lists on the Internet, if available.
b.. Unauthorized use of Internet services. You may not use these services in a way that could harm them or impair the use of these services by others. You may not use this service to gain unauthorized access to any service, data, account or network in any way it was.
7. SCOPE OF LICENSE. Software is not for sale, and available for use under license. This agreement only gives you some rights to use the software. All other rights remain with the company Bistriy or, if applicable, from the manufacturer. Except where the applicable law gives you more rights despite this limitation, you can use the software only as expressly permitted in this agreement. In this case, you must comply with any technical limitations in the software, which allow you to use the software only in a certain way.
You may not:
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, unless expressly permitted by applicable law notwithstanding this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law notwithstanding this limitation;
• publish the software for others to copy;
• use the software to any unlawful means;
• to provide software to rent, lease or temporary use;
• use the software to provide network services on a commercial basis.
8. BACKUP COPY. You may make one backup copy of the media. You have the right to use it only to reinstall the software.
9. DOCUMENTATION. Any person entitled to have access to your computer or internal network may copy and use the documentation for your internal reference purposes.
10. THE SOFTWARE IS FORBIDDEN for resale. You do not have the right to sell software marked as not intended for resale ( «NFR» or «Not for Resale»).
11. SOFTWARE FOR EDUCATIONAL INSTITUTIONS. To use the software, tagged as a version for schools ( «Academic Edition» or «AE»), must be "authorized users of software for educational institutions". If you do not know whether you are authorized users of software for educational institutions, contact the affiliate company Bistriy, serve your country.
12. UPGRADE OR CONVERSION. To upgrade or conversion software, you must first have a license for the software, which can be upgraded or converted. After the upgrade or convert this agreement supersedes the previous agreement for the software that you upgraded or converted. After the upgrade or convert you can not use an earlier version of the software you upgraded or converted.
13. PROOF OF LICENSE.
Yes. The real confirmation of the license. If you purchase the software without a disc or other media, then confirmation of the license will purchase receipt and any accompanying document from the seller that identifies the software. Proof of purchase can be verified through the records of the seller.
b.. License renewed or converted software. If you upgrade or convert the software license confirmation will be as follows:
• Product check and any accompanying document from the seller identifying the software to a level which has been updated and converted the old software. Proof of purchase can be verified through the records of the seller.
14. TRANSFER OF OTHER DEVICE. You can transfer the license to another client device any number of times, but not more frequently than once every 90 days. In the case of transfer of the other component becomes the "licensed device." If the licensed device fails due to equipment failure, transmission can occur rapidly.
15. TRANSFER TO A THIRD PARTY. The first user of the software may once transfer the software and this agreement directly to a third party. To transfer the software separately from the device, first the user must first remove it from the device. The first user has no right to retain any copies. Before any permitted transfer, the other party must accept the fact that the transfer and use of the software will be governed by this agreement. The transfer is subject to the sticker and confirming the existence of the license. If the software is an update, any transfer must include all previous versions of the software.
16. EXPORT RESTRICTIONS. The software is subject to U.S. export jurisdiction. You must comply with all domestic and international export laws and regulations applicable to the software.
17. TECHNICAL SUPPORT. Company Bistriy provides support services to software, as indicated on the Web site www.powerpvc.ru.
18. ENTIRE AGREEMENT. This Agreement (including the guarantee below), any addition or amendment thereto, included in the software, as well as conditions of use of supplements, updates, and online services that you use, constitute the entire agreement for the software and technical support.
19. GOVERNING LAW.
Yes. USA. If you acquired the software in the U.S., this agreement shall be construed in accordance with the laws of the State of Washington, USA. Any claim for breach of this agreement also dealt with in accordance with this law with the exception of conflict of laws principles. All other claims, including claims under state laws on consumer protection and unfair competition law, as well as in tort, are governed by the laws of the state where you live.
b.. Outside the United States. If you acquired the software in any other country, the laws of this country.
20. EFFECT. This agreement describes certain legal rights. You may have additional rights in accordance with the laws of your state or country. You may also have rights against the person from whom you acquired the software. This agreement does not change your rights under the laws of your state or country, if it is not permitted under the laws of your state or country.
21. LIMITATION ON AND EXCLUSION OF LIABILITY FOR DAMAGES. YOU CAN RECOVER FROM Bistriy COMPANY AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE. You can not recover any other damages, including indirect, special, indirect or incidental damages, as well as damages for loss of profits.
This limitation applies to:
• Any questions related to software, services and content Web sites of third parties (including area code), as well as with third-party programs;
• claims for breach of contract, warranty or condition, strict liability, negligence or other tort to the extent permitted by applicable law.
This limitation applies even if:
• repair, replacement software or monetary compensation does not compensate for all losses and damages or