|PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS REGARDING TECHNOLOGISMIKI PRODUCTS AND PROGRAMS.
This End-User License Agreement for TechnoLogismiki Software ("EULA") is a legal and binding agreement between you and the subsidiary or affiliate of TechnoLogismiki that distributes the Software to you under this EULA. "You" are a person or legal entity wishing to use the Software (defined below) in accordance with this EULA. This EULA governs your use of all of the TechnoLogismiki`s Software distributed or delivered hereunder.
1. The Software
"Software" means all computer software, associated media, any printed materials and any accompanying "online" or electronic information. By downloading, installing, copying, breaking any seal on, or otherwise using the Software, you acknowledge that you have read this EULA and agree to be bound by its terms. If you do not agree to the terms and provisions of this EULA, do not download, install, copy, or otherwise use the Software; if you have already paid for this Software and do not agree to the terms and conditions of the EULA, please return the Software and any accompanying items to TechnoLogismiki for a full refund, within thirty (30) days of the date of purchase.
2. Software End User License Agreement (EULA)
The Software is owned and copyrighted by TechnoLogismiki or its third party suppliers and is licensed (and not sold) to you. TechnoLogismiki`s third party suppliers or distributors may assert and protect any of their rights (and with TechnoLogismiki`s permission, TechnoLogismiki`s rights) in the event of any violation of this EULA.
3. Grant of License
TechnoLogismiki grants you the world-wide, non-exclusive, non-sublicensable, non-transferable (except as set forth in this Agreement), license to use the Software, in object code format, solely for internal use.
4. Limitations and Restrictions
- You must reproduce on any copy all copyright notices and any other ownership, confidentiality or proprietary legends that are on the original copy of the Software and accompanying documentation, and you may make only one copy of the Software solely for backup or archival purposes, provided that such backup copy is not installed on any computer.
- All rights not expressly granted to you in this EULA are reserved by TechnoLogismiki and its suppliers. No rights are granted by implication or otherwise.
It is not allowed to the user of this software to use it in any other way than the one described in Section 3. More specifically it is strictly forbidden to:
- Reverse-engineer, decompile, or disassemble the Software, or otherwise reduce the code of the Software to a human perceivable form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the restrictions of this Section 3, and in such event you shall provide TechnoLogismiki immediate notification of such activities. You may not alter or remove any of TechnoLogismiki`s trademarks affixed to or otherwise contained on or within the product(s).
- Market, distribute, transfer copies of the Software to others or electronically transfer the Software from one computer to another over a network except for Software installations permitted under Section 3 of this EULA.
- Rent, lease, or lend the Software. You may not modify, adapt, translate the Software or create derivative works based on the Software.
This EULA may be terminated by TechnoLogismiki upon notice and without further action upon the breach of any of your obligations or the license rights granted to you under this EULA. Upon termination, all use of the Software by you must cease and all rights granted to you under this EULA are terminated. Upon termination you hereby agree to return to TechnoLogismiki or to destroy all copies of the Software in your possession or control within fourteen (14) days of such termination and certify the same in an affidavit to TechnoLogismiki upon request. This remedy is in addition to any other remedies available to TechnoLogismiki. Sections 1, 2, 3, and 6 through 7 hereof shall survive any termination of this EULA.
6. Limited Warranty, Disclaimer of Implied Warranties & Duties, Limited Warranty Remedy.
TechnoLogismiki solely warrants for your sole benefit that the Software will perform substantially in accordance with the specifications provided and labeled as such in the documentation accompanying the Software for a period of ninety (90) days after proper installation on a computing device for which a license is granted hereunder.
Copyright © TechnoLogismiki. Last revised 03.10.2001.
- Disclaimer of Implied Warranties and Duties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TECHNOLOGISMIKI, ITS SUPPLIERS, AND DISTRIBUTORS PROVIDE THE SOFTWARE AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SOFTWARE ("SUPPORT SERVICES") WITHOUT ANY EXPRESS WARRANTY, AND THE SOFTWARE AND SUPPORT SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." TECHNOLOGISMIKI HEREBY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, DUTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OF CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OF INFORMATION OR COMPLETENESS OF RESPONSES, RESULTS, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, CONDITION OF TITLE, QUITE ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO ANY DESCRIPTION PROVIDED IN ANY WRITTEN TEXT.
- Limited Warranty Remedy. TechnoLogismiki`s sole obligation, and your exclusive remedy, under the limited warranty set forth in Section 6(a), above shall be, at the sole discretion of TechnoLogismiki, to supply you with a corrected or replacement copy of the Software or a refund of all amounts received by TechnoLogismiki from you for the subject Software provided under this EULA. Any replacement Software will be warranted as set forth above for the remainder of the original warranty period or thirty (30) days from your receipt of such replacement Software, whichever is longer.
- TechnoLogismiki does not warrant that the Software will be resistant to all possible efforts to defeat or disable its functions, including its security mechanisms, and TechnoLogismiki shall not incur, and disclaims, any liability in this respect. Security mechanisms` resistance and strength necessarily evolve according to the applicable state of the art in security and with reference to the emergence of new technologies and methods developed in efforts to defeat or disable such mechanisms. To the maximum extent permissible by law, TechnoLogismiki shall not be held liable for any third party actions and in particular in case of any successful effort to defeat or disable security functions of the Software, or computing devices and equipment using, accessing or incorporating the Software.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TECHNOLOGISMIKI, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES CREATES A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.