End user agreement for WinAutomation
END USER LICENSE AGREEMENT
READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THIS SOFTWARE. BY DOWNLOADING, INSTALLING AND USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. YOU AGREE THAT YOUR INSTALLING OR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
This is a legal agreement between you and Softomotive Ltd. This Agreement states the terms and conditions upon which Softomotive Ltd offers to license the software together with all related documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries and data files associated with such programs (collectively, the "Software").
1. Grant of License.
The Software is licensed, not sold, to you for use only under the terms of this Agreement. Softomotive Ltd retains all title to and ownership of the Software and reserves all rights not expressly granted to you.
If you have obtained an evaluation/demo copy of the Software, and have not purchased a license to the Software, Softomotive Ltd grants you a 30-day non-exclusive license to use the Software free of charge for the purpose of evaluating whether you wish to purchase an ongoing license for the Software. WARNING: Evaluation/Demo copies of the Software will become non-functional thirty (30) days after the first use of the Software. Softomotive Ltd disclaims all liability and responsibility for any loss of data or other information which may occur as a result thereof.
2. For Use on a Single Computer
The Software may be used only on a single computer by a single user at any time. You may transfer the machine-readable portion of the Software from one computer to another computer, provided that (a) the Software (including any portion or copy thereof) is erased from the first computer and (b) there is no possibility that the Software will be used on more than one computer at a time. As an exception, if you have purchased a Professional License you are entitled to execute jobs generated by the Software (compiled as .exe files) on an unlimited number of computers.
3. Stand-Alone Basis.
You may use the Software only on a stand-alone basis, such that the Software and the functions it provides are accessible only to persons who are physically present at the location of the computer on which the Software is loaded. You may not allow the Software or its functions to be accessed remotely, or transmit all or any portion of the Software through any network or communication line.
The Software is owned by Softomotive Ltd and is protected by Greek copyright laws and international treaty provisions. You may not remove the copyright notice from any copy of the Software or any copy of the written materials, if any, accompanying the Software.
5. One Archival Copy.
You may make one (1) archival copy of the machine-readable portion of the Software for backup purposes only in support of your use of the Software on a single computer, provided that you reproduce on the copy all copyright and other proprietary rights notices included on the originals of the Software.
6. No Merger or Integration.
You may not merge any portion of the Software into, or integrate any portion of the Software with, any other program, except to the extent expressly permitted by the laws of the jurisdiction where you are located. Any portion of the Software merged into or integrated with another program, if any, will continue to be subject to the terms and conditions of this Agreement, and you must reproduce on the merged or integrated portion all copyright and other proprietary rights notices included on the originals of the Software.
7. Transfer of License.
You may not transfer your license of the Software to a third party.
9. Limitations on Using, Copying, and Modifying the Software.
Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you acquired the Software, you may not use, copy or modify the Software. Nor may you sub-license any of your rights under this Agreement.
10. Decompiling, Disassembling, or Reverse Engineering.
You acknowledge that the Software contains trade secrets and other proprietary information of Softomotive Ltd and its licensors. Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you are located, you may not decompile, disassemble or otherwise reverse engineer the Software, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Software. In particular, you agree not for any purpose to transmit the Software or display the Software's object code on any computer screen or to make any hard copy memory dumps of the Software's object code. If you believe you require information related to the interoperability of the Software with other programs, you shall not decompile or disassemble the Software to obtain such information, and you agree to request such information from Softomotive Ltd at the address listed below. Upon receiving such a request, Softomotive Ltd shall determine whether you require such information for a legitimate purpose and, if so, Softomotive Ltd will provide such information to you within a reasonable time and on reasonable conditions. In any event, you will notify Softomotive Ltd of any information derived from reverse engineering or such other activities, and the results thereof will constitute the confidential information of Softomotive Ltd that may be used only in connection with the Software.
TERMINATION OF LICENSE
The license granted to you is effective until terminated. You may terminate it at any time by destroying the Software (including any portions or copies thereof) currently in your possession or control. The license will also terminate automatically without any notice from Softomotive Ltd if you fail to comply with any term or condition of this Agreement. You agree upon any such termination to destroy the Software (including any portions or copies thereof). Upon termination, Softomotive Ltd may also enforce any and all rights provided by law. The provisions of this Agreement that protect the proprietary rights of Softomotive Ltd will continue in force after termination.
ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED FOR USE "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOFTOMOTIVE LTD DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Softomotive Ltd does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Any representation, other than the warranties set forth in this Agreement, will not bind Softomotive Ltd. You assume full responsibility for the selection of the Software to achieve your intended results, and for the use and results obtained from the Software. You also assume the entire risk as it applies to the quality and performance of the Software. Should the Software prove defective, you (and not Softomotive Ltd, or its distributors or dealers) assume the entire cost of all necessary servicing, repair or correction. Further, Softomotive Ltd shall not be liable for the accuracy of any information provided by Softomotive Ltd or third-party technical support personnel, or any damages caused, either directly or indirectly, by acts taken or omissions made by you as a result of such technical support.
DISCLAIMER OF DAMAGES: LIMITATION OF LIABILITY
IN NO EVENT SHALL SOFTOMOTIVE LTD OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUES OR LOST DATA ARISING FROM OR RELATING TO THE SOFTWARE OR THIS AGREEMENT) EVEN IF SOFTOMOTIVE LTD OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SOFTOMOTIVE LTD'S LIABILITY OR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE AMOUNT PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
INDEMNIFICATION BY YOU
If you distribute the Software in violation of this Agreement, you hereby indemnify, hold harmless and defend Softomotive Ltd from and against any and all claims or lawsuits, including attorney's fees and costs that arise, result from or are connected with the use or distribution of the Software in violation of this Agreement.
The Manufacturer for the Software is:
Michalakopoulou 56, Athens,
This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. This Agreement is governed by the laws of Greece. This Agreement is the entire agreement between us and supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Software. If any provision of this Agreement is deemed invalid or unenforceable by any country or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable and the remaining provisions will remain in full force and effect. You agree that Softomotive Ltd will not have any liability for any untrue statement or representation made by it, its agents or anyone else (whether innocently or negligently) upon which you relied upon entering this Agreement, unless such untrue statement or representation was made fraudulently.
For questions concerning this Agreement, please contact Softomotive Ltd at the address stated above. For questions on product or technical matters, contact the Softomotive technical support center nearest you.