End user agreement for aiSystemWidget
License Agreement for aiSystemWidget - Android System Monitor Widget
IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING, OR OTHERWISE USING THIS SOFTWARE, LICENSEE (AS DEFINED BELOW) IS BECOMING A PARTY TO THIS AGREEMENT AND LICENSEE IS CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF LICENSEE DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN LICENSEE SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE, AND IF LICENSEE ALREADY DOWNLOADED OR INSTALLED THE SOFTWARE, LICENSEE SHOULD REMOVE THE SOFTWARE FROM ITS SYSTEM AND DESTROY ALL SOFTWARE COPIES.
Upon acceptance of this License Agreement (the "Agreement"), ArtfulBits grants to Licensee a non-exclusive and non-transferable license to use the Software, provided that Licensee agrees to the following:
"ArtfulBits" means ArtfulBits Inc. whose registered office is at str. Zelena 149/6, L'viv, 79035, Ukraine.
"Licensee" means an individual or a legal entity specified in the License Certificate, exercising rights under, and complying with all of the terms of, this Agreement. For legal entities, "Licensee" includes any entity which controls, is controlled by, or is under common control with Licensee. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
(i) "Software" means software program aiSystemWidget in binary form, including its documentation, any third party software programs that either integrated with or made part of aiSystemWidget, and any modification, correction, enhancement, deletion or substitution (collectively, upgrades) that may be supplied by ArtfulBits.
(ii) “Authorized User” means a) if Licensee is an individual, solely Licensee; b) if Licensee is a legal entity, each single employee, independent contractor and other temporary worker authorized by Licensee to use the Software while performing duties within the scope of their employment or assignment.
(iii) “License Certificate” means evidence of a license provided by ArtfulBits to Licensee in electronic or printed form.
(iv) “License Key” means a unique key-code that enables a single Authorized User or all company employees if company has Corporate License Agreement, to use the Software.
3. GRANT OF LICENSE
The Software is the property of ArtfulBits or its suppliers. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of ArtfulBits and its suppliers.
Acceptance of this Agreement grants Licensee certain obligations and limited rights to use the Software as set forth in this Agreement.
(i) use the Software in conjunction with the maximum number of Authorized Users which has been specified in corresponding License Certificate(s);
(ii) use the License Key on one device as long as it is used by the same Authorized User and that such use is not concurrent; Authorized User should notify ArtfulBits in case of device change or lost for re-enabling license on new device and prevent piracy coping of aiSystemWidget.
(iii) make one back up copy of the Software for archival purposes;
Licensee may not:
(iv) sell, redistribute encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any portions of the Software (except as set forth in Paragraph 3 (iii) of this Agreement), to anyone without the prior written consent of ArtfulBits;
(v) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
(vi) share the same License Key between different Authorized Users;
(vii) install the Software on, and run the Software from a network server.
4. RESTRICTED USE DURING EVALUATION PERIOD
Licensee has a nonexclusive, nontransferable license to load and execute the unregistered copy of Software for a period of ten (30) days (the "Evaluation Period").
An unregistered copy of the Software may be used for evaluation and testing purposes only and not for general commercial use. Licensee must pay a license fee for the Software to obtain the right to use the Software for general commercial use and (or) for an unlimited period.
The unregistered copy of the Software contains a feature that will automatically disable the Software in thirty (30) days after sending the evaluation key to Licensee. If Licensee agrees to this Agreement and pays the license fee, ArtfulBits will deactivate this feature. ArtfulBits will have no liability to Licensee if the Software is disabled by this feature. Licensee may not disable, destroy, or remove this feature of the Software, and any attempt to do so will terminate a license and rights under this Agreement.
5. PATENT AND COPYRIGHT INDEMNITY
The Software is protected by copyright and other intellectual property laws and treaties. ArtfulBits or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. ArtfulBits reserves all rights not expressly granted to you in this EULA.
6. LIMITED WARRANTY
If Licensee has paid a license fee for the Software, then for a period of thirty (30) days from the date of receipt of the Software, ArtfulBits warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by ArtfulBits will be free from defects in materials and workmanship.
EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO LICENSEE "AS IS" AND ARTFULBITS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTFULBITS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION
7. DISCLAIMER OF DAMAGES
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL ARTFULBITS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF THE SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (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 OR INABILITY TO USE THE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ArtfulBits HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN ANY CASE, ARTFULBITS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.
If Licensee fails to comply with the terms and conditions of this Agreement, ArtfulBits may terminate this Agreement and Licensee's right and license to use the Software. Licensee may terminate this Agreement at any time by notifying ArtfulBits. Upon the termination of this Agreement, Licensee must delete the Software from its computers and archives.
LICENSEE AGREES THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, ARTFULBITS MAY TAKE ACTIONS SO THAT THE SOFTWARE NO LONGER OPERATES.
Licensee agrees to be identified as a customer of ArtfulBits and that ArtfulBits may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee's business in ArtfulBits' marketing materials and on ArtfulBits' web site.
ArtfulBits reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
This Agreement will be governed by the laws of Ukraine, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and shall be subject to the jurisdiction of, any Court of Ukraine.
Titles are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either ArtfulBits or Licensee may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and assigns.
For exceptions or modifications to this Agreement, please contact ArtfulBits at:
Address: str. Zelena 149/6, Lviv, 79035, Ukraine
Tel./Fax: +38 (032) 299-42-92 or +38 (032) 242-07-86