End user agreement for DiveShopManager
PRODATA SOFTWARE END USER LICENSE AGREEMENT (EULA) FOR DIVESHOPMANAGER
IMPORTANT - READ CAREFULLY BEFORE INSTALLING THE SOFTWARE! This document is a legal agreement ("Agreement") between you and ProData Software ("ProData") and governing your use of the software and the online or electronic manual (collectively, the "Software").
BY INSTALLING DIVESHOPMANAGER YOU ARE DEEMED TO HAVE AGREED TO THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY CLOSE THIS INSTALLATION
The accompanying Package includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services for your convenience. Your use of DiveShopManager is subject to the terms and conditions, herein EULA.
2. General Terms and Conditions
2.1 Provided you comply with all applicable license terms and conditions contained in this Software EULA (which are hereby incorporated by reference except as set forth below) and this EULA, PRODATA grants you the right to reproduce, install and use one copy of the Software for your personal backup solely for archival purposes or reinstallation of the Software on the same computer as it was previously installed. Any further copying of the software is a violation of this Agreement.
2.2 The software may contain additional license rights and limitations as presented and described in the individual Eula (a "Component EULA”).
Your use of such Software is subject to the Component EULA.
2.3 The Software and all its components are protected by copyright and other intellectual property laws and treaties. Prodata International or its suppliers own the title, copyright, and other intellectual property rights in the Software. All rights not expressly granted to you in this EULA are reserved. The Software and all it's Components are licensed, not sold.
2.4. The Software license is valid for one year and is to be renewed every year for a maximum of ten year (10 Years). After 10 years you may use the Software further on for free in your resort under the terms of this agreement. If you have purchased a lifetime license there will be no yearly renewal fee.
2.5 This Agreement is effective upon your acceptance hereof by installing the Software and remains in effect until terminated. You may terminate this Agreement by destroying the Software including any and all copies thereof. This Agreement shall also terminate if you fail to comply with any terms of this Agreement. In the event that this Agreement terminates for your failure to comply with this Agreement, in addition to ProData Software enforcing its respective legal rights, you must promptly destroy the Software including any and all copies thereof.
3. Additional Rights and Limitations.
3.1 DiveShopManager includes the end user license of SmtpIt by CNS - Texas USA. (Component EULA)
4. Grant of License
ProData Software grants you a non-exclusive license to use ("use" shall mean storing, loading, installing, executing, or displaying) the Software on your computer solely for the use in one dive resort / dive center.
5.1. You shall not use or copy the Software except as expressly granted or permitted herein, and shall not assign, sublicense, sell, rent, lease, loan, convey or transfer to any third party the Software, and you also shall not have any third party to do so. In addition, you shall not alter, translate, modify, convert to another programming language, disassemble, decompile or otherwise reverse engineer the Software and you also shall not have any third party to do so.
5.2. You shall not modify, remove or delete any copyright notices in the Software or on a medium on which the software is supplied.
5.3. You agree to comply with all export laws and regulations of the country involved, and not to export or re-export, directly or indirectly, the Software in violation of any such laws and regulations, or without all necessary approvals.
6. Ownership, Support & Update
6.1. ProData Software and/or its licensor retain in all respects the title, ownership and intellectual property rights in and to the Software. Except as expressly provided herein, no license or right, express or implied, is hereby conveyed or granted by ProData Software to you for any intellectual property of ProData Software.
6.2. The Software is supported directly by ProData Software only.
ProData's subsidiaries and affiliates, their distributors and dealers are not responsible for maintaining the Software and helping you to use the Software, or providing you with any updates, bug-fixes or support for the Software herein.
6.3. Updates are provided by ProData Software only. Prodata will announce updates on the website: http://diveshopsoftware.com/ and http://diveshopmanager.com
7. Disclaimer of Warranties
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRODATA 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, NEGLIGENCE, AND 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 AND IT'S COMPONENTS, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE
SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF PRODATA OR ANY SUPPLIER, AND EVEN IF PRODATA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Limitation of Liability and Remedies
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF PRODATA AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT OF U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
9. Disclaimer of Indemnity
ProData Software, ITS LICENSOR, ProData's SUBSIDIARIES AND
AFFILIATES, THEIR DISTRIBUTORS AND DEALERS SHALL ASSUME NO OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM OR SUIT BROUGHT BY A THIRD PARTY ALLEGING THAT THE SOFTWARE OR USE THEREOF INFRINGES ANY INTELLECTUAL PROPERTY OF SUCH THIRD PARTY.
10. US Government restricted rights notice
The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct
1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users shall acquire the Software with only those rights set forth herein. Manufacturer is ProData Software, Koh Tao-Suratthani, 84280 Thailand
In the event that any provision of this Agreement is declared or found to be illegal by any court or tribunal of competent jurisdiction, such provision shall be null and void with respect to the jurisdiction of that court or tribunal and all the remaining provisions of this Agreement shall remain in full force and effect.
BY INSTALLING THE SOFTWARE, YOU ARE DEEMED TO HAVE ACKNOWLEDGED THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND PRODATA SOFTWARE CONCERNING THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND PRODAT SOFTWARE RELATING TO THE SUBJECT MATTER HEREOF. NO AMENDMENT TO THIS
AGREEMENT SHALL BE EFFECTIVE UNLESS SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF PRODATA SOFTWARE.
Given November 26th 2011