End user agreement for QYueMail
Softarex Ltd., Limited Liability Company, Kimonos 43 A, P.C. 3095, Limassol, Cyprus
END-USER LICENSE AGREEMENT for QYueMail™ Computer program
INTRODUCTION PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY. IT AFFECTS YOUR RIGHT TO UTILIZE THE SOFTWARE THAT YOU ARE PURCHASING. ONCE YOU DOWNLOAD THE PRODUCT OR OPEN THE SHRINK WRAP YOU SHALL BE DEEMED TO HAVE ACCEPTED ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. THIS END-USER LICENSE AGREEMENT - EULA (the "Agreement"), is made and entered into by and between Softarex Ltd. and the party signed below as licensee ("Licensee"), effective as of the date this Agreement is executed by Softarex Ltd.
Softarex Ltd. is a Cyprus based Limited Company. Software product QYueMail™ developed by Softarex Ltd. and software which accompanies this license ("QYueMail™") is the property of Softarex Ltd. or its licensors and is protected by copyright law. While Softarex Ltd. continues to own QYueMail™, you will have certain rights to use QYueMail™ after your acceptance of the license.
QYueMail™ is a "Computer Software" or “Software”. This means that all of the information with which this agreement is provided, including, but not limited, to (i) Softarex Ltd. or third party software files and other computer information; (ii) related explanatory written materials and files ("Documentation"); (iii) any modified versions and copies of, and upgrades, updates and additions to QYueMail™. All references below in this License Agreement to “Software” mean and relate only to QYueMail™ and other computer programs developed and owned by Softarex Limited Liability Company, Kimonos 43 A, P.C. 3095, Limassol, Cyprus and included into package with QYueMail™.
LICENSEE MAY NOT DUPLICATE THE CUSTOM PROGRAM OR DOCUMENTATION. LICENSEE SHALL NOT ALTER OR REMOVE, OR PERMIT ANY PERSON TO ALTER OR REMOVE ANY OF THE COPYRIGHT OR OTHER NOTICES OF SOFTAREX LTD. ON, STATED IN OR AFFIXED TO THE SOFTWARE OR DOCUMENTATION.
THE SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING, AND TECHNOLOGY TO HELP YOU MANAGE LICENSES. SUCH TECHNOLOGY MAY PREVENT YOUR USE OF THE SOFTWARE IF YOU DO NOT FOLLOW THE ACTIVATION, INSTALLATION, AND/OR LICENSE MANAGEMENT PROCESS DESCRIBED IN THE SOFTWARE AND DOCUMENTATION.
1.1. This agreement will be governed by and construed in accordance with the substantive laws in force in: (a) the State of California, if a license to the Software is purchased when you are in the United States, Canada, or Mexico; or (b) Japan, if a license to the Software is purchased when you are in Japan, China, Korea, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) England, if a license to the Software is purchased when you are in any jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of London, England, when the law of England applies, shall each have non-exclusive jurisdiction over all disputes relating to this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
1.2. Assignment. If you eventually sell or otherwise legally transfer Software to another party, that other party must agree to all of the terms of this license, and you may not retain any copies of Software, manual or related materials. All of your rights under this license will then cease.
1.3. This license constitutes the entire agreement between you and Softarex Ltd. and supersedes all prior written or oral agreements between the parties hereto, if any, and is not assignable. It may be amended only in a written document that is signed by both parties hereto. Support or maintenance of the Software is not a part of this Agreement. Licensee may obtain support and maintenance of the Software through a separate agreement executed with Softarex Ltd. Should any of the provisions of this license be found unenforceable by a court of competent jurisdiction, the remaining provisions shall nonetheless remain in full force and effect. This license agreement shall be governed by, and construed in accordance with, the laws as indicated in item 1.1 of this Agreement.
1.4. 30 day evaluation (trial) period starts from the day of Software installation on your computer. In case if you do not activate version of Software you will not have abilities to use program after trial period expires. During the evaluation (trial) period your version of Software has full functionality without any limitations or with limitations which will be displayed in program during its launching in trial period.
1.5. Intellectual Property Ownership. The Software and any authorized copies that you make are the intellectual property of and are owned by Softarex Ltd. and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Softarex Ltd. and its suppliers. The Software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Softarex Ltd. and its suppliers.
1.6. General Provisions. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement will not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be modified by a writing signed by an authorized officer of Softarex Ltd. The English version of this agreement will be the version used when interpreting or construing this agreement. This is the entire agreement between Softarex Ltd. and End-User of Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
2. GRANT OF LICENSE
Softarex Ltd. hereby grants to Licensee, subject to the terms and conditions hereof, a perpetual non-exclusive license to utilize Software and any related written documentation ("Documentation") of Softarex Ltd. Pursuant to this Agreement, Licensee may:
2.1. Use the Software on any computer (including the transfer of the Software to a single hard disk), however, unless additional copies are obtained from Softarex Ltd.
2.2. Licensee may not sublicense or otherwise make the Software available to others for their use, or utilize the Software on more than one computer at the same time, or on any network server.
2.3. Make a reasonable number of backup copies for archive purposes, so long as the backup copies are not distributed and not provided to any third parties.
2.4. Use Documentation in a manner sufficient to enable Licensee to utilize Software.
2.5. Transfer Software on a permanent basis to another person or entity, provided that you retain no copies of Software and the transferee agrees to the terms of this agreement.
2.6. Purchase each Activation Code for activation of one copy of Software for one computer. You may use one Activation code for one computer.
2.7. Install and activate Software with your Activation Code(s) unlimited number of times on the same computer(s).
2.8. In case you install Software on one computer and then want to move it to another one, you must Deactivate current copy from program and then Install/Activate this copy on other computer. For Deactivation and Activation you must use appropriate functionality available in Software.
2.9. Updates. Software has abilities for making updates from www.softarex.com User will be notified about available Updates automatically by program. All updates will be applicable for some particular version of Software and will be provided to registered user for free. Users which have trial version of Software also have rights for receiving Updates available for this particular version. Any new future versions of Software will be available for additional price and for all registered users new versions will be available with discounts which will be published on web site.
After you install such update or upgrade, you may continue to use any such previous version in accordance with this end-user license agreement only. You acknowledge that any obligation Softarex Ltd. may have to support the previous version(s) may be ended upon the availability of the upgrade or update. No other use of the previous version(s) is permitted after installation of an update or upgrade.
2.10. You can use Software for development of any sort of documentation and HTML files for your personal or commercial needs at home or/and in office. You can use results of your work everywhere without any additional permission from Softarex Ltd.
Licensee hereby acknowledges that the Software and Documentation are and shall remain the property of Softarex Ltd. and that, except as expressly provided for in this Agreement, no right is granted to Licensee for the following:
3.1. Make copies of Software or the accompanying documentation and transferring it to the third parties.
3.2. Sublicense, rent or lease Software or any portion of Software or accompanying documentation.
3.3. Modify Software or merge or utilize all or any part of the Software with or into any other computer program.
3.4. Remove or alter any copyright notices on any and all copies of the Software.
3.5. Softarex Ltd. may provide you with support services related to the Software Product. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
3.6. Reverse engineering, decompile, disassemble, modify, translate, and make any attempt to discover the source code of Software or create derivative works from Software.
3.7. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation (including without limitation Iran, Syria, Sudan, Libya, Cuba and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.
3.8. You cannot use Software for development or preparing ANY sort of production with prohibited, restricted and unlawful content like description of racism, terrorism and/or similar or related content. In case of using Software for such actions your licenses will be canceled without any prior notification and you will not have any rights for any refund.
This Agreement and the license granted in this Agreement are effective until terminated. Licensee may terminate this License Agreement voluntarily at any time by Licensee. Without prejudice to any other rights, Softarex Ltd. can terminate this License Agreement in case if Licensee fails to comply with the terms and conditions of this License Agreement described in RESTRICTIONS section. In such case Licensee must destroy all copies of the Software Product and all of its parts.
5. DISCLAIMER OF WARRANTIES
Software is licensed to you "as is". Softarex Ltd. hereby disclaims any and all implied warranties, including, without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement. Softarex Ltd. does not warrant, guarantee, or make any representations regarding the use or the results of the use of Software in terms of its correctness, accuracy, reliability, correctness, or otherwise. The entire risk as to the results and performance of Software is assumed by you.
7. LIMITATION OF LIABILITY.
7.1. EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH ABOVE AND AS OTHERWISE PROVIDED IN SECTION 7.4., IN NO EVENT WILL SOFTAREX LTD. OR ITS AFFILIATES OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN SOFTAREX LTD. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOFTAREX LTD’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME STATES.
7.2. In case developers find and fix any bugs in Software, then Licensee will be notified that new version for update of current Software version is available on the Company’s web site. These fixes will be FREE of charge for Licensee. THE PROVIDED SOFTWARE HAS TRIAL PERIOD, WHICH ALLOWS YOU DISCOVERING ALL FUNCTIONALITIES OF SOFTWARE. THEREFORE ANY MONEY BACK OR REFUNDING IS NOT SUPPOSED.
7.3. Nothing contained in this agreement limits Softarex Ltd.’s liability to you in the event of death or personal injury resulting from Softarex Ltd.’s negligence or for the tort of deceit (fraud). Softarex Ltd. is acting on behalf of its affiliates and suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this agreement, if any, or contact the Softarex Ltd. Customer Support Department.
7.4. Limitation of Liability for Users Residing in Germany and Austria. If you obtained the Software in Germany or Austria, and you usually reside in such country, then Softarex Ltd. and its affiliates' statutory liability for damages will be limited as follows: (i) Softarex Ltd. and its affiliates will be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) Softarex Ltd and its affiliates will not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.
7.5 The aforesaid limitation of liability will not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries. You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer data subject to the provisions of this agreement.
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