End user agreement for Carambis Driver Updater
End user License Agreement
This end-user License Agreement (the "License Agreement") is between MEDIA FOG LTD, a limited liability company registered in British Virgin Islands and having registered its address at Geneva Palace, Waterfront Drive, PO BOX 3469, Road Town, Tortola, British Virgin Islands (the "Licensor") and the end user ("You").
By installing and executing the software that accompanies this License Agreement ("Licensor Software") and by marking the "I accept the terms of the License Agreement" check box, you are deemed to and do consent to be bound by and become a party to this License Agreement. If you do not agree to be bound by all of the terms of this License Agreement do not mark the "I accept the terms of the License Agreement" check box and do not install the software. All unaccepted software must be promptly returned to the vendor.
Before You continue, it is advisable that You print or save a soft copy of this License Agreement for record purposes.
1. Grant of the License
Subject to the terms and conditions of this License Agreement, the Licensor grants You a non-exclusive, non-transferable and revocable license to install and use internally one copy of the Licensor Software and related written materials in either printed text or machine readable version (the "Documentation"), on a single computer. Any use of more copies of the Licensor Software than are licensed is prohibited. You are expressly prohibited from sub licensing, selling, renting, leasing or otherwise distributing the Licensor Software or making any use prohibited by law. The license for the Licensor Software may not be shared by alternating use of the Licensor Software between different computers. The Licensor Software is licensed as a single product, and You may not separate its component parts for use on more than one desktop personal computer.
If You are not using a licensed copy of the Licensor Software, You are not allowed to install the Licensor Software and any future updates of the same.
2. Evaluation Copy
You may be granted a temporary license to evaluate the Licensor Software. Applications and data that You have created during the evaluation period may require the Licensor Software in order to run or to be accessible. Consequently, You may lose or be unable to access applications or data that You have created during such period. You should therefore take precautions to avoid any loss of data. To be allowed to continue Your use of the Licensor Software after expiry of the evaluation period, You must acquire a regular license as set out in this License Agreement and pay the license fee. You agree that the Evaluation Copy granted to You on a temporary basis to test the Licensor Software may have limited functionality and that consequently You may not be able to benefit from all the functions which would be available if You buy a regular license and pay the license fee.
3. Licensed Units and Networks
When You purchase a license You will be provided with a serial number. You should activate the registered license for the Software by entering the serial number as prompted by the Software. You agree to use the Software only for the number of licensed units specified on Your invoice. Any simultaneous storage, maintenance, or use on more units than are licensed is prohibited. You agree either to implement access security mechanisms to prevent simultaneous use or to pay an additional fee according to the number of users with access to a Network enabling use of the Licensor Software by multiple computers simultaneously.
You agree to contact the Licensor if simultaneous use will be possible.
4. Copyright and Trademark Rights
The Licensor Software is copyrighted according to law. You must not use the Licensor Software in any manner which can jeopardize or violate its copyright. Unless specifically permitted in terms of this License Agreement, copying, reproducing, changing, modifying and decompiling the software as well as transferring it from a mechanical code, reanalyzing it or creating any deduced works therefrom by processing is strictly prohibited. Nor is it permissible to resell, borrow, assign, transfer or lease the Licensor Software to any person.
5. Intellectual Property Protection
This License Agreement does not give You any intellectual property rights in the Licensor Software or its Documentation.
You agree to treat the Licensor Software as copyrighted material and You must not use it in any manner which can jeopardize or violate the copyrights of the Licensor. You may not copy (except as permitted here above), modify, create a derivative work thereof, reverse engineer, decompile or otherwise attempt to extract the source code or internal data of the Licensor Software or any part thereof, unless this is expressly permitted or required by law, or unless You have obtained explicit consent in writing from the Licensor that You may do so. You further agree not to remove or in any way obscure any ownership or trademark notices on the Licensor Software or its Documentation.
6. Limited Warranty
You expressly understand and agree that the Licensor Software and its documentation are provided to you under this License Agreement on an "as is" basis and
with all its faults and your use of it is at your sole risk. This Licensor Software is not subject to any guarantees. The Licensor Software is provided as general purpose software and not for your particular use.
You accept that the Licensor and its suppliers do not represent or warrant that:
a. The Licensor Software and its documentation will meet your requirements;
b. The Licensor Software and its documentation will be error or defect free: or that
c. Any defects in the operation or functionality of the Licensor Software and its documentation will be corrected.
The Licensor further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Any implied warranties that cannot be excluded are limited to 30 days or to the shortest period permitted by THE applicable law, whichever is the greater.
7. Use Restrictions - You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. Each licensed copy of this Software may be used on one single computer location or workstation, unless otherwise authorized herein. “Use” of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software onto a multi-user platform, server or network, each and every individual user of the Software must be licensed separately or included by a multi-site license in order to access all the features and functionality of the Software. You may make one copy of this Software for backup purposes, providing you only have one copy installed on one computer location or workstation (or
number of users covered in a multi site license). Others may not use or install your licensed copy of this Software. The assignment, sub license, networking, sale, or distributions of copies of this licensed Software are strictly forbidden without the prior written consent of MEDIA FOG LTD. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this licensed Software. If any person other than yourself uses Software registered in your name on another computer location or workstation, regardless of whether it is at the same time or different times, then this Agreement is being violated and you are responsible for that violation!
8. Limitation of Liability.
Under no circumstance and under no legal theory/institute, whether in tort, contract, or otherwise, will the licensor or its affiliate, suppliers or distributors be liable to you or any third party beneficiary for any direct, indirect, special, incidental, exemplary, punitive or consequential damages, including but not limited to any loss of business, loss of data arising out of the use or the inability to use the Licensor Software and its documentation, even if they know of the possibility of such damages.
In no event will the total liability of the Licensor or its suppliers whether in tort, contract or otherwise, exceed the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by THE applicable law.
9. Export Restrictions
You may not export or re-export the Licensor Software in violation of the export laws of the United States, United Kingdom and the European Community or the applicable laws of any other jurisdiction. Among other things, U.S. laws provide that the Licensor Software may not be exported or re-exported to certain countries which are embargoed or restricted or to certain restricted persons.
10. Term and Termination
This License Agreement shall automatically terminate if You fail to comply with its terms without prejudice to the rights of the Licensor to compensation for damages in terms of the applicable law. Immediately upon termination or expiration of this License Agreement You shall return to the Licensor or destroy all copies of the Licensor Software and all related Documentation in Your possession.
11. Choice of Law
This License Agreement will be governed by the Laws of British Virgin Islands excluding any conflict of rules of law.
12. General Provisions
Any rights not expressly granted under this License Agreement are being reserved. This License Agreement is the entire agreement between You and the Licensor with respect to this subject matter and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations, any additional terms of any quote, order or other similar communication between the parties. If any part of this License Agreement is found to be void, unenforceable or invalid, that part will be deemed stricken and will not affect the validity of the other License Agreement provisions. Failure by either party to enforce any provision of this License Agreement will not be deemed a waiver of future enforcement of that or any other provision. Sections 6, 7,and 8 shall survive the termination of this License Agreement.