End user agreement for Cuttix
END-USER LICENSE AGREEMENT FOR GUNSH DOO SOFTWARE PRODUCT
IMPORTANT - READ CAREFULLY: This Gunsh doo ("GUNSH") End-User License Agreement ("EULA") is a legal agreement between you (“Licensee”), a user of software applications, and GUNSH for the GUNSH software product accompanying this EULA, which includes computer software and may include associated source code, media, printed materials, and "on-line" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, use, distribute in any manner, or replicate in any manner, any part, file or portion of the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
The Licensee is considered to be an authorized licensee (“Authorized”) if the Licensee has legitimately obtained a registered license for the SOFTWARE PRODUCT from GUNSH or an authorized GUNSH reseller.
GRANT OF LICENSE. This EULA, if legally executed as defined herein, licenses and so grants the Licensee the following rights:
Evaluation. If the downloaded SOFTWARE PRODUCT is designated as an Evaluation Release (“Evaluation Release”), the Licensee is granted a license for a period of only fifteeneen (15) days after installation of the Evaluation Release of the SOFTWARE PRODUCT ("Evaluation Period"). After the Evaluation Period, the Licensee must either:
1. Delete the SOFTWARE PRODUCT and all related files from ALL computers onto which it was installed or copied, or
2. Contact GUNSH or one of its authorized resellers to purchase the SOFTWARE PRODUCT.
The Licensee may use the Evaluation Release of the SOFTWARE PRODUCT for evaluation purposes only. The Licensee may not distribute ANY of the files, in any form or manner, provided with the Evaluation Release of the SOFTWARE PRODUCT to ANY PARTIES.
Activation. The SOFTWARE PRODUCT must be activated on Licensee's computer using a legally purchased Activation Code (“Activation Code“). Licensee is responsible for using solely Licensee's own Activation Code. Each Activation Code activates 1 or more computers (up to the number of purchased licenses). Licensee acknowledges that no further activations are possible once the limit is reached. GUNSH reserves the right to grant Licensee additional activation attemptes if Licensee provides evidence to GUNSH that previous activation attempts are rendered invalid (due to operating system or hardware causes). GUNSH may approve or disapprove additional activation attempts as it sees fit for each particular customer. Licensee is granted various ways of activation (direct over the Internet, using Licensee's web browser or by sending email from Licensee's email client).
Storage/Network Use. The Licensee may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on the the Licensee's other computers over an internal network; however, the Licensee must acquire and dedicate a License for each separate individual user who wishes to use the SOFTWARE PRODUCT.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Not for Resale Software. Licensee may not resell, distribute, or otherwise transfer for value or benefit in any manner, the SOFTWARE PRODUCT or any derivative work using the SOFTWARE PRODUCT. The Licensee may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit the SOFTWARE PRODUCT, media or documentation. This also applies to any and all intermediate files, source code, and compiled executables.
Limitations on Reverse Engineering, Decompilation, and Disassembly. The Licensee may not reverse engineer, decompile, create derivative works, modify, translate, or disassemble the SOFTWARE PRODUCT, and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Rental. The Licensee may not rent, lease, or lend the SOFTWARE PRODUCT.
Support Services. GUNSH may provide the Licensee with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by GUNSH policies and programs described in the user manual, in on-line documentation and/or other GUNSH provided materials. Any supplemental software code provided to the Licensee as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information the Licensee provides to GUNSH as part of the Support Services, GUNSH may use such information for its business purposes, including for product support and development.
Termination. Without prejudice to any other rights or remedies, GUNSH will terminate this EULA upon the Licensee's failure to comply with all the terms and conditions of this EULA. In such event, the Licensee must destroy all copies of the SOFTWARE PRODUCT and all of its component parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any applications using technology contained in the SOFTWARE PRODUCT developed by the Licensee, whether in native, altered or compiled state.
UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, the Licensee must be properly licensed to use the SOFTWARE PRODUCT identified by GUNSH as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the SOFTWARE PRODUCT that formed the basis for the Licensee's eligibility for the upgrade, and together constitute a single SOFTWARE PRODUCT. The Licensee may use the resulting upgraded SOFTWARE PRODUCT only in accordance with all the terms of this EULA.
COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, demos, source code, intermediate files, packages, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by GUNSH or its subsidiaries. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, the Licensee must treat the SOFTWARE PRODUCT like any other copyrighted material except that the Licensee may install the SOFTWARE PRODUCT for use by the Licensee. The Licensee may not copy any printed materials accompanying the SOFTWARE PRODUCT.
GENERAL PROVISIONS. This EULA may only be modified in writing signed by the Licensee and an authorized officer of GUNSH. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms.
MISCELLANEOUS. This EULA is governed by the laws of the Republic of Serbia. The Licensee agrees that any disputes and legal actions are to be filed with a Court in Serbia.
NO WARRANTIES. GUNSH EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE PRODUCT AND ANY RELATED DOCUMENTATION IS 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 PRODUCT REMAINS WITH THE LICENSEE.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUNSH OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (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 OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF GUNSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.