End user agreement for Goal Aware 2007
S.C.SOFTAge S.R.L 15-Day Evaluation End User License Agreement for Goal Aware 2007.
THIS IS AN EVALUATION (TRIAL) COPY of the S.C.SOFTAge S.R.L software product identified above(the "Software"). You may use this software for only fifteen (15) days, after which period youmust either buy the software from S.C.SOFTAge S.R.L or stop using it and remove it from yourcomputer. If you have already downloaded and installed evaluation copies of the Software, youmay not use this Software and must immediately cease using this copy and destroy it. To obtainfull-use rights, you must pay for the Software and enter a valid End User License Agreement with S.C.SOFTAge S.R.L concerning such use.
THIS IS A CONTRACT. PLEASE READ IT CAREFULLY. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPTALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS ANDCONDITIONS OF THIS AGREEMENT, DECLINE WHERE INSTRUCTED, AND YOU WILL NOT BE ABLE TO USE THESOFTWARE.
The Software is the property of S.C.SOFTAge S.R.L and is protected by copyright law. While S.C.SOFTAge S.R.L continues to own the Software, you will have certain rights to use the Software after your acceptance of this license.
Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows:
(i) use one copy of the Software on one computer or other electronic device for which the Software was designed, solely for your internal evaluation purposes during the term of this Agreement;
(ii) make one backup copy of the Software, provided your backup copy is not installed or used on any computer, and provided that you reproduce all copyright and other proprietary notices that are on the original copy of the Software;
(iii) to the extent that the Software is designed and intended solely or principally for use within a multi-user or networked environment, you may use the Software on a network, solely for your internal evaluation purposes during the term of this Agreement.
YOU MAY NOT:
(i) copy the documentation which accompanies the Software;
(ii) sublicense, rent or lease any portion of the Software;
(iii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software.
This Agreement is effective for fifteen (15) days following the date you installed the Software unless you or S.C SOFTAge S.R.L terminates the Agreement earlier in accordance with the terms set forth herein. This Agreement will terminate automatically if you fail to comply with any of the obligations, limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must destroy all copies of the Software. You may terminate this Agreement at any point by destroying all copies of the Software.
The Software is protected by Romanian copyright laws and international treaty provisions. S.C.SOFTAge S.R.L owns and retains all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein.Your possession, installation, or use of the Software does not transfer to you any title to the
intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software.
THE SOFTWARE IS PROVIDED "AS IT IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, S.C SOFTAGE S.R.L TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF,
AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, S.C SOFTAGE S.R.L MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL S.C SOFTAGE S.R.L OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL S.C SOFTAGE S.R.L BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE S.C SOFTAGE S.R.L CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF S.C SOFTAGE S.R.L SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
HIGH RISK ACTIVITIES:
The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life- support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage
(collectively, "High Risk Activities"). S.C.SOFTAge S.R.L expressly disclaims any express or implied warranty of fitness for High Risk Activities.
This Agreement is governed by the laws of Romania. Any action or proceeding brought by anyone arising out of or related to these terms and conditions shall be brought only in a court of competent jurisdiction located in Timisoara, Romania, and the parties hereby consent to the jurisdiction and venue of said court. This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. This Agreement supersedes any other communications with respect to the Software. This Agreement may not be modified except by a
written addendum issued by a duly authorized representative of S.C SOFTAge S.R.L. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by S.C.SOFTAge S.R.L or a duly authorized representative of S.C.SOFTAge S.R.L. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.
S.C.SOFTAge S.R.L CUSTOMER CONTACT:
If you have any questions concerning these terms and conditions, or if you would like to contact S.C.SOFTAge S.R.L for any other reason, please write to:
World Wide Web: http://www.softage.ro