End user agreement for @promt Professional Translator GIANT
END USER LICENSE AGREEMENT
(computer software use license for an end user)
IMPORTANT - READ CAREFULLY!
This software (including media and printed materials) is granted to you for the agreed fee on terms of this License Agreement (EULA) and is NOT SOLD TO YOU. You have no rights, except as agreed in the present EULA, for the intellectual property contained in the software. PROMT, Ltd., Company has exclusive property rights for this software and all its copies.
The software is protected by international intellectual property and software laws.
The present EULA is the principal document regarding the software use legality, and has a unique License Number.
1 General Provisions
1.1 This EULA is the mandatory legal agreement between the End User and PROMT, Ltd., Company (further - PROMT), the Legal Owner, concerning the software (further Software) delivered together with this EULA.
1.2 The Software is a set of computer programs, databases and documentation (including electronic documentation). The Software also includes all updates and add-ons, which, unless specified by a separate license agreement or use conditions, can be granted to you directly by the PROMT Company or accessed after purchasing the original program copy.
1.3 By opening this sealed package with software medium (diskettes, compact discs, etc.), installing, copying or otherwise using the software, and also by downloading demo versions of the Software ("Trial", "Demo") through the Internet, by activation of the Software through the Internet, by telephone or any other method, which is provided by PROMT, you agree to be bound by the terms of the present EULA. If you do not accept the conditions of this EULA, do not install, copy or use this Software.
1.4 You are fully responsible for choosing, installing, use of, and results of use of, this software.
2 Subject of the Agreement
2.1 The subject of the present EULA is a transfer of rights for use of the Software in the territory, within the period agreed in the EULA (non-exclusive license) by PROMT as the copyright owner to you as the End User.
2.2 All the terms stipulated below concern both the Software in its entirety and all its components, including Software supplied to you during Technical support.
3 Exclusive Copyright
3.1 PROMT Company has exclusive interest rights for the Software (including all graphic images, photos, texts, supplementary programs and other objects of the copyright), accompanying printed materials and Software copies. This Software is protected by international copyright and intellectual property laws and treaties.
3.2 Any use of the Software in defiance of the present EULA is prohibited and considered to be a breach of applicable intellectual property laws, a material breach of agreement, which is a reason for extinction of your rights in the Software.
4.1 The Software may be used worldwide as stipulated below.
4.2 The present EULA does not allow you to use this Software for providing free or paid Internet translation services. You must obtain a special agreement for that.
5 Obligatory activation
5.1 This Software contains specially developed technical means for preventing its unlicensed distribution.
5.2 The conditions of the present EULA are valid during 45 (forty five) days from the moment of software installation. If, during the mentioned period of time, you didn’t activate your licensed copy of the Software, operation of the present agreement and operation of the Software is discontinued until the moment of activation.
5.3 It is possible to activate the software in automatic mode (clause 5.3.1) or in manual mode (clause 5.3.2)
5.3.1 In automatic mode: if your computer is connected to Internet, the activation master will automatically establish connection with the activation server, transfer and receive all the necessary data and activate the Software.
5.3.2 In manual mode: on the web-site www.promt.com/activation <http://www.promt.com/activation>; via e-mail firstname.lastname@example.org <mailto:email@example.com>; by telephone +7-800-333-5557
5.4 After Software activation, operation of the Agreement is renewed in full.
5.5 In case of replacement of hardware or software, needing reinstallation of Software that is the object of the current EULA, you need to repeat Software activation. Activation can be done by any of the means mentioned in clause 5.3.
5.6 You are provided with the technical possibility of 3 (three) activations in frames of the current EULA. If the ceiling of activations is reached, but there is a need to activate the Software again, you should apply to PROMT company via e-mail address firstname.lastname@example.org <mailto:email@example.com> or by telephone mentioned in clause 5.3.2.
5.7 Software that is addition to the source program is not a subject of activation. For such software, refer to: additional language pairs (“Add-on”), specialized dictionaries and specialized dictionary collections for @promt translation systems.
6 Terms of Software Use
6.1 Scope of License
6.1.1 You may install and use only one copy of the program on one computer, workstation, terminal or other electronic device (further - Device).
6.1.2 As a licensee, you may create and install a second copy of the program on your notebook, if you agree not to use the Software on the portable and main computer simultaneously. The Software license is indivisible.
6.1.3 PROMT Company reserves all the rights that are not granted to you explicitly by this EULA.
6.2 Backup Copy
6.2.1 You are allowed to make one copy of the Software for backup or archiving only. The software backup copy is made for restoring your copy of this Software in case of damage. The backup copy can not be used for any other purposes.
6.3 End-User Databases
6.3.1 You may create your own databases for the programs included in the Software set if such a feature is provided by the program and stipulated in the documentation.
6.4 Using the Software Components
6.4.1 You may use this Software only as a single whole. You are not allowed to disassemble the Software components and use them on several Devices simultaneously.
6.5 "Not For Resale" Software
6.5.1 The Software identified as "Not for resale" may only be used for the purposes of demonstration, test or evaluation, irrespective of other terms of the present EULA.
6.6 Trial Version of the Software
6.6.1 The Software version that is identified as a «Trial» has a limit of operation - 30 days from the moment of installation (or other period of time specially determined outside of the present EULA) - and stops functioning.
6.6.2 For the Software version that is identified as a «Trial», the current section of the EULA is applied.
6.6.3 A “Trial” version of the Software is being provided without a License Agreement number.
6.6.4 The following conditions of the present EULA are not applicable to «Trial» versions of Software: sections 6.1.3, 6.2, 7.2, 9, 10.3, 12.2.
6.6.5 You are bound not to provide any third parties with information about the results of using the Software, either in process or at the end of trial period, unless you have the written approval of the PROMT Company certified by a stamp and the signature of an authorized representative.
6.6.6 You agree with the limitation of the Software functionality and/or operating time (trial period) and the fact that this Software is intended only for acquaintance with this Software.
6.6.7 You agree that the “Trial” version of the Software that has a limited operating time may stop operation after a trial period of 30 (thirty) days from the moment of Software installation or other specific stipulated period of time.
6.6.8 The Software is supplied "as is". The PROMT Company does not guarantee that the Software is free of errors and misprints.
6.7 For “Trial” Software, EULA ceases to operate at the expiration of the trial period.
6.8 Demo Version
6.8.1 The Software identified as "Demo" may only be used for the purposes of demonstration, test or evaluation, irrespective of the other terms of the present EULA.
6.8.2 You agree that the Software has limited functionality and is intended only for acquaintance with the Software.
6.9 Software provided as Upgrade or Add-On
6.9.1 You may use the Software identified as "Upgrade" or "Add-on" only if you have a valid license for the Software identified by the PROMT Company as a product being subject for upgrade (add-ons).
6.9.2 The Software identified as "Upgrade" or "Add-on" is a substitute (addition) for the Software that gives you the right for upgrades (add-ons).
6.10 Software Distribution
6.10.1 Any kind of Software distribution is prohibited. Distribution is herein understood as providing any unauthorized person with access to the Software media or the Software components reproduced in any form through network or in any other ways, or selling, temporarily using, renting, pledging, hiring, or lending the Software.
6.10.2 You shall not transfer the EULA or any rights for use of this Software to any third party.
6.11 Additional restrictions of use
6.11.1 You are not allowed to unlock the technology or to decompile the program, unless such operations are explicitly stipulated by the current legislation.
6.11.2 You are not allowed to make any changes in the object codes of the programs, except those which can be changed with the tools included in the Software set and are described in the documentation, unless such operations are explicitly stipulated by the current legislation.
6.11.3 You are not allowed to copy the printed materials accompanying the Software.
6.11.4 You are not allowed to create conditions for usage of the Software by any unauthorized person, including people working with you in a net or multi-user system.
6.11.5 Software contains trade secrets and other confidential information.
7 Technical Support
7.1 PROMT Company can provide Software technical support.
7.2 Technical support is provided according to the terms stipulated by the PROMT Company at the Internet site www.promt.com, in User Manual or any other documentation.
7.3 During technical support, the PROMT Company may ask you for information concerning your system parameters or standard personal data. PROMT Company has the authority to use the above mentioned information for business development, including technical support services, under the stipulation that these data will not be used in any way that discloses you personally.
8.1 The present EULA does not provide you with any rights for trademarks or service marks of the PROMT Company.
9.1 Remuneration herein is a sum of money, stated by the PROMT Company or its distributors for this Software and payable in accordance with the established order (according to the price list of the PROMT Company or its distributors).
10.1 The present EULA is considered to be concluded from the moment you accept its terms according to Clause 1.3.
10.2 You agree to be bound to the terms of this EULA by opening this disk package and installing the Software on your computer, or using the Software in any other way and also in case of sending a completed registration card to the PROMT Company.
10.3 The validity period of this EULA is unlimited.
11.1 In case of breach of the present EULA, the PROMT Company has the authority to ask for payment of damages, including loss of profit.
12 Limited Warranty
12.1 This Limited Warranty is the only explicit warranty, replacing any other guarantees mentioned in documentation or on the package. No other agreement, written or oral, may broaden the limits of this Warranty.
12.2 PROMT Company guarantees compliance of the Software components with the related specifications, the quality of data on the optical and magnetic media, the operating capacity of the programs included in Software package on the conditions stated in the documentation (printed and electronic). The limited warranty is valid for 30 (thirty) days from the date of purchasing the Software. During this time, all claims on quality and completeness of software delivered will be accepted.
12.3 The guarantees described in Clauses 11.2 are not applied to the "Not for resale" and "Demo" versions of the Software.
12.4 The Software is supplied "as is". PROMT Company does not guarantee that the Software is free of errors and misprints.
12.5 PROMT Company does not guarantee the shared operation of this Software and third party software and hardware, especially the software and hardware released later than this Software.
12.6 Neither PROMT Company nor its official dealers shall be liable for any direct or indirect losses, including loss of profit, loss of confidential information resulting from the use or the impossibility of use of this Software, including possible errors and/or misprints in the Software set (except for compensation in the form of restoring or replacing the product provided in clause 11.2. of the Limited Warranty).
12.7 The PROMT Company provides no guarantee, explicit or implicit, that the Software shall meet the End-User requirements or expectations.
13 Termination of Agreement
13.1 The PROMT Company has full authority to terminate this EULA without impairment of its rights in case of any breach of this Agreement while using this Software.
13.2 You have the right to terminate the EULA on your own initiative at any time.
13.3 When terminating the EULA, you are bound to stop any use of the Software and uninstall the Software and destroy all of your copies and the components by means that prevent its further use.
14 Applicable Law
14.1 The present EULA is not the subject of any conflict rules or UN conventions regulating the obligations that are incidental to the international agreements of sale and purchase.