End user agreement for TOWeb
END-USER LICENSE AGREEMENT FOR LAUYAN SOFTWARE
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Lauyan software ("Lauyan") for the computer software that accompanies this EULA, which includes associated media, printed materials, "online" or electronic documentation and Lauyan Internet-based services (collectively the "Software Product"). An amendment or addendum to this EULA may accompany the Software Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE PRODUCT. If you are installing the Software Product on a computer that is not owned by you, you are bound to the terms of this EULA both in your individual capacity and as an agent of the owner of the computer, and your actions will bind the owner of the computer. You represent and warrant to Lauyan that you have the capacity and authority to enter into this Agreement on your own behalf as well as on behalf of the owner of the computer the Software Product is being installed upon. For purposes of this EULA, the "owner" of a computer is the individual or entity that has legal title to the computer or that has the possessory interest in the computer if it is leased or loaned by the actual title owner.
1. COPYRIGHT. Lauyan reserves all rights not expressly granted to you in this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Lauyan or its suppliers own the title, copyright, and other intellectual property rights in the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, shape, clip art, and "applets" incorporated into the Software Product).
2. GRANT OF LICENSE. The Software Product is licensed, not sold. Lauyan grants you the following rights provided that you comply with all terms and conditions of this EULA:
2.1 Installation and use.
- You may install and use one copy of the Software Product, on a single computer for use by a single simultaneous operator.
- You may use the Software Product on a second computer owned by you so long as the primary user of each copy is the same person and more than one copy is not used simultaneously.
- You may not rent, lease, lend or provide commercial hosting services with the Software Product, nor may you offer use of it to others through a service bureau or application service provider.
If you are installing this copy of the Software Product as an upgrade, update, patch or enhancement of a prior release of the same Software Product which was installed on the same computer, your rights under the prior license agreement for the Software Product are terminated, and all of your use of the Software Product (including its prior versions) are solely under the terms of this license agreement.
2.2 Media Elements. The Software Product may include photographs, clip art, shapes, animations, sounds, texts, music and video clips that are identified in the Software Product for your use (together "Media Elements"). These Media Elements are provided to you as examples or support that you may reuse partially for personal communication, but you are not licensed to do any of the following:
-You may not sell, license or distribute copies of the Media Elements by themselves or as part of any collection, product or service if the primary value of the product or service is in the Media Elements.
- You may not grant customers of your product or service any rights to license or distribute the Media Elements.
In addition, you must (a) indemnify and defend Lauyan from and against any claims or lawsuits, including attorneys' fees that arise from or result from the licensing, use or distribution of Media Elements as modified by you, and (b) include a valid copyright notice on your products and services that include the Media Elements.
2.3 Templates. The Software Product may include document templates. You may copy and modify the document templates available as part of the Software Product that accompanies this EULA and distribute such templates along with your modifications for use by other licensees of the Software Product. You also may copy, modify and distribute the templates available through related Internet-based services along with your modifications for use by other licensees of the Software Product, but only for personal or commercial correspondence involving person-to-person communication. You are not licensed to do any of the following:
- You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the templates.
- You may not distribute the templates available via Internet-based services as part of any product or service.
- You may not copy or post any templates available through Internet-based services on any network computer or broadcast it in any media.
You must indemnify and defend Lauyan against any claims or lawsuits, including attorneys' fees that arise from or result from the licensing or distribution of the templates as modified by you.
3. LIMITATIONS. If the Software Product that was distributed to you was labeled as an EVALUATION VERSION or TRY & BUY VERSION (or its functional equivalent) (an "Evaluation Version"), it may include software code intended to disable their functionality after the expiration of the Evaluation Term or software code intended to limit their functionality until you convert your Evaluation Version to a Full-License Version using the conversion mechanism provided with the Software Product. You may take no actions to circumvent the operation of such disabling and limiting code, and you accept all risks that might arise from such disabling and limiting code. Full-License version: You may convert an Evaluation Version installation of the Software Product to a non-Evaluation Version of the Software Product by authorized use of the conversion mechanism provided with the Software Product (in each case either being or resulting in a "Full-License Version"). Using mechanism(s) other than the one provided with the Software Product to convert an Evaluation Version to a Full-License Version is strictly prohibited. The Software Product may contact a Lauyan web server at any moment to check for updates and verify the validity of your Full-License. Using a fraudulent license may prevent the Software Product to run on your computer and will be prosecuted to the maximum extent possible under the law.
4. DOCUMENTATION. The documentation that accompanies the Software Product is licensed for internal, non-commercial reference purposes only.
5. INTERNET-BASED SERVICE. You may not use any Lauyan Internet-based services associated with the Software Product in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services. Lauyan reserves the right to discontinue at any moment Internet-based services provided to you or made available to you through the use of the Software Product.
6. NO MODIFICATIONS. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, in order to achieve interoperability with the Software Product.
7. THIRD PARTY WORK. Lauyan is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. Lauyan is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by Lauyan of the third-party site or service.
8. UPGRADES. To use Software Product identified as an upgrade, you must first be licensed for the software identified by Lauyan as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded software.
9. SEPARATION OF COMPONENTS. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one device.
10. TRANSFER. You may transfer your copy of the Software Product to a different device. After the transfer, you must completely remove the Software Product from the former device. Transfer to Third Party. If you are the person who initially licensed the Software Product, you may make a one-time permanent transfer of this EULA, Software Product and Certificate of Authenticity (if applicable) to another end user, provided that you do not retain any copies of the Software Product. This transfer must include all of the Software Product (including all component parts, the media and printed materials, any prior versions, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software Product must agree to all the EULA terms. Upon the occurrence of such a transfer, your rights under this EULA terminate immediately.
11. TERMINATION. Upon the expiration of the Evaluation Term (if any), your rights under this EULA terminate automatically without notice from Lauyan. Without prejudice to any other rights, Lauyan may terminate this EULA or your rights under this EULA at any time if you fail to comply with the terms and conditions of this EULA. Upon termination of your rights under this EULA for any reason, or upon termination of the EULA itself, you must destroy all copies of the Software Product and all of its component parts in your possession (including all component parts, the media and printed materials, any prior versions, and this EULA). The terms of this paragraph shall survive any termination of this EULA.
12. SITE LICENCES. The owner of the computer that you are installing the Software Product upon may have entered into a broad license agreement with Lauyan governing the use of certain Lauyan products including this Software Product. To the extent that the owner of the computer has entered into such an agreement that specifically states that it governs the use of the Software Product on computers owned by the owner, then any conflict between that agreement and this EULA shall be resolved in favor of the terms of that agreement, but otherwise this EULA shall simultaneously govern your license to the Software Product.
13. PRIVACY. When contacting Lauyan's technical support service through the Software Product support form or from Lauyan's web site, information about your license, your IP address, or your computer configuration may be sent to Lauyan. These information are collected to improve the quality of our technical support. By using "the Lauyan.com Email notification service" option of the e-Commerce features of the Software Product, the orders made on your website may transit through a script hosted on a server of Lauyan to be sent to you. These data are never consulted or stored, they are immediately and automatically sent to the e-mail address configured in the Software Product by a script. Alternative options are available in the Software Product to use your own script on your own server for receiving your orders.
14. DISCLAIMER OF WARRANTY. The Software Product is provided on an AS IS basis, without warranty of any kind, including without limitation (but not limited to) the warranties of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, of lack of negligence. There is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the Software Product. The entire risk as to the quality and performance of the Software Product is borne by you. Should the Software Product prove defective, you and not Lauyan assume the entire cost of any service and repair.
15. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LAUYAN OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF LAUYAN OR ANY SUPPLIER, AND EVEN IF LAUYAN OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This EULA applies to updates, supplements, add-on components, or Internet-based services of the Software Product that Lauyan may provide to you or make available to you after the date you obtain your initial copy of the Software Product, unless they are accompanied by separate terms.
Should you have any questions concerning this EULA, or if you desire to contact Lauyan for any reason, please visit Lauyan on the World Wide Web at http://www.lauyan.com.