End user agreement for Type Inspector Pro
End User License Agreement
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE PROGRAM TO THE PLACE OF PURCHASE FOR A FULL REFUND OF THE PURCHASE PRICE WITHIN THIRTY (30) DAYS OF THE ORIGINAL PURCHASE.
This software program ("The Program"), any printed materials, any online or electronic documentation, and any and all copies and derivative works of such software program and materials are the copyrighted work of Miha Stegel and Primoz Verhovc (“The Group”). All use of The Program is governed by the terms of the End User License Agreement (the “EULA”) which is provided below ("License Agreement"). The Program is solely for use by end users according to the terms of the License Agreement. Any use, reproduction, or redistribution of The Program not in accordance with the terms of the License Agreement is expressly prohibited.
1. Limited Use License. The Group hereby grants, and by installing The Program You thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of The Program for your use on one (1) either a home, business, or portable computer.
i. You can activate The Program through the use of the Internet; toll charges may apply. You may also need to reactivate The Program if you modify your computer hardware or alter The Program. There are technological measures in this Product that are designed to prevent unlicensed or illegal use of The Program. You agree that we may use those measures.
ii. You may also store or install a copy of The Program on a storage device, such as a network server, used only to install or run The Program on your other Workstation Computers over an internal network; however, you must acquire and dedicate an additional license for each separate Workstation Computer on or from which The Program is installed, used, accessed, displayed or run. A license for The Program may not be shared or used concurrently on different Workstation Computers.
iii. The Group reserves all rights not expressly granted to you in this EULA.
2. Ownership. All title, ownership, and intellectual property rights in and to The Program and any and all copies thereof (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into The Program) are owned by Miha Stegel and Primoz Verhovc. The Program is protected by the copyright laws of the Slovenia, international copyright treaties and conventions, and other laws. All rights are reserved.
3. Responsibilities of End User.
A. Subject to the Grant of License hereinabove, You may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on The Program, or remove any proprietary notices or labels on The Program without the prior consent, in writing, of The Group.
B. The Program is licensed to You as a single product. Its component parts may not be separated for use on more than one computer.
C. You are entitled to use The Program for your own use, but You are not entitled to:
i. sell or grant a security interest in or transfer reproductions of The Program to other parties in any way, nor to rent, lease, or license the Program to others without the prior written consent of the Group;
ii. exploit The Program or any of its parts for any commercial purpose, including, but not limited to, use at a cyber café, computer gaming center, or any other location-based site. The Group may offer a separate Site License Agreement to permit You to make The Program available for commercial use;
4. Acknowledgments. You agree and acknowledge that The Group shall not have any liability to You for the loss of data for any reason whatsoever, including, but not limited to server failure, telephonic interruptions of any kind, defects, viruses or other harmful components, and negligent acts of The Group and/or its affiliates while but not limited to updating and/or activating The Program. You agree and acknowledge that but not limited to using or/and installing cracked, patched or in any other way changed The Program can seriously damage your software. You also agree and acknowledge that The Program automatically checks for new updates and automatically installs new versions of The Program.
5. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by destroying The Program. The Group may, at its discretion, terminate this License Agreement in the event that You fail to comply with the terms and conditions contained herein. In such event, You must immediately destroy The Program.
6. Export Controls. The Program may not be re-exported, downloaded, or otherwise exported into (or to a national or resident of) any country to which the Slovenia has embargoed goods.
7. Limited Warranty. The Group expressly disclaims any warranty for The Program and Manual(s). The Program and Manual(s) are provided "as is," without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of The Program and Manual(s) remains with You, however, The Group warrants up to and including 90 days from the date of your purchase of The Program that the media containing The Program shall be free from defects in material and workmanship. In the event that the media proves to be defective during that time period, and upon presentation to The Group of proof of purchase of the defective Program, The Group will at its option 1) correct any defect, 2) provide You with a product of equal or lesser value, or 3) refund your money.
8. Limitation of Liability. THE GROUP IS NOT LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE GROUP CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE ON TYPE INSPECTOR SERVER, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.
9. Equitable Remedies. You hereby agree that The Group would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore You agree that The Group shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as The Group may otherwise have available to it under applicable laws. In the event that any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees, and other expenses incurred by such prevailing party in the litigation.
10. Limitations on License. Nothing in this License Agreement shall preclude You from making or authorizing the making of another copy or adaptation of The Program provided, however, that (1) such new copy or adaptation is created as an essential step in your utilization of The Program in accordance with the terms of this License Agreement and for NO OTHER PURPOSE; or (2) such new copy or adaptation is for archival purposes ONLY and all archival copies are destroyed in the event of the Termination of this License Agreement, or other circumstances under which your continued use of The Program ceases to be rightful.
11. Content. All content is prepared “as is” and You agree and acknowledge that The Group is not liable in anyway for content being correct and precise. You also agree and acknowledge that The Group does not guarantee any learning success by using The Program. You also agree and acknowledge that The Group is not responsible for any health problems that might occur by using The Program, that all characters in The Program are fictional and that The Group is not liable for content being offending.
You hereby acknowledge that you have read and you understand the foregoing License Agreement and agree that the action of installing The Program is an acknowledgment of my agreement to be bound by the terms and conditions of the License Agreement contained herein. You also acknowledge and agree that this License Agreement is the complete and exclusive statement of the agreement between The Group and me and that the License Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between The Group and myself.