BEFORE INSTALLING AND/OR REGISTERING THE SOFTWARE, PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS.
GRANT OF LICENSE. In this license agreement (the “License Agreement”), COMPUPLAST SOFTWARE s. r. o., a company registered under the laws of the Czech Republic, reg. no. 47908475, with its registered seat at Svat. Čecha 293, 760 01 Zlín, Czech Republic (the “COMPUPLAST” and “Licensor”), grants to you the non-exclusive right to use one copy of COMPUPLAST(r) product software program (the “Software”) that you have purchased from an authorized representative (the “License”).
The Software may be licensed to operate as a Node-Locked License or a Network License.
In the case of a Node-Locked License, the software must only be used on a computer that has the HASP (hardlock or software) key, corresponding to the License, attached to it.
In the case of a Network license, the number of users that can operate the License, simultaneously over the network, must be limited to the number of Licenses purchased. Furthermore, the operation of the Software is limited to the one physical location specified during the purchase. Separate agreements must be made for special Software Licenses that allow the software to be shared over a network that spans to more than one physical location.
In this License Agreement, the Software and Documentation and any copies or modifications are referred to as the “Licensed Product”. All rights to the Licensed Product, including, but not limited to, copyrights and trade secret rights, belong to Licensor and Licensor holds title to each copy of the Software. You shall not copy or modify the Licensed Product, except that you may copy the Software for the sole purpose of backup as long as all copyright and other notices are reproduced and included on the backup copy.
For the purposes of this section, “use” means loading the Software into RAM, operating it, as well as installating it on a hard disk or other storage device. You may access the Software from a hard disk, over a network, or any other method you choose, as long as you otherwise comply with this agreement.
COPYRIGHT. The Licensed Product is owned by COMPUPLAST and is protected by the laws of the Czech Republic and European union and applicable international copyright and international trade laws. You specifically acknowledge that the copyright belongs to COMPUPLAST. This includes the program, graphics, displays, images and Documentation. Therefore, you must treat the Licensed Product like any other copyrighted material except that you may: a) make one copy of the Software solely for backup or archival purposes, or b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the Documentation or any written materials accompanying the Software.
RESTRICTIONS ON USE. Unless you have purchased additional rights, you have a single-user license. The Licensed Product can be used only by one person at a time. You may transfer the Software from one computer to another, but the Software can only be used by one person at a time. You may run the Software on a single local-area or wide-area network, provided that there is a reasonable mechanism or process in place to assure that the number of simultaneous users of the Licensed Product does not exceed the number of Licenses purchased. You may transfer the Software from one computer to another on the network, but no more than the number of Software copies licensed can be used at any one time. The transfer of the Software to another person, or to another physical location, is permitted only with the prior written permission of the Licensor. The Licensor shall provide permission with the transfer of the Software only on condition that all copies of the Software and the original Documentation are transferred to the new licensee, and no copies remain in the possession of the original licensee.
If you have purchased an Educational License, you may have limited access to certain functionality of the Software. An Educational License must only be used for educational purposes and must not be used for any commercial or consulting work. Unrestricted access to full functionality and use is available with the purchase of a Commercial License.
OTHER RESTRICTIONS. You may not: a) reverse-engineer, disassemble, decompile, or make any attempt to discover the source code of the Software; b) modify, translate, or merge the Software with another software; c) sublicense, rent or lease this Software or its Documentation, and any attempt to do so will void this agreement; d) use the previous version of the Software that has been upgraded or updated under this agreement. Upon upgrading or updating the Software, the old copy must be deleted from the computer and the original copies must be physically destroyed. Upgrade copies of the Software may be licensed at a separate charge to be determined by the Licensor.
MAINTENANCE AND SUPPORT. All sales include 1 year of free maintenance and support. Continued, annual maintenance and support can be purchased from COMPUPLAST or an authorized sales representative. If you have a valid maintenance and support agreement by paying the required fee for the copy of Software you have licensed hereunder, you will be entitled to receive all major upgrades to the Software released during the subscription period; first-line telephone and e-mail support services from an Authorized COMPUPLAST(r) Products sales and service agent; and second-line support directly from COMPUPLAST. The term of this service runs one year from the first day of the month following the date of initial purchase of the Software or additional Maintenance and Support Service is ordered and paid for. It shall automatically renew from year to year unless one party notifies the other party in writing of its desire not to renew the term, at least 30 days prior to the end of the term.
LIMITED WARRANTY. Licensor warrants that the media on which the Software is provided, or hardware/software key by which it’s license is protected, will perform substantially in accordance with specifications in the Documentation for a period of ninety (90) days from your receipt of the Licensed Product (the “Warranty Period”). Your exclusive remedy under this limited warranty is the replacement of any defective physical media on which the Software is furnished (and/or hardware key), as provided below. To receive a replacement for defective media (and/or hardware key), under this limited warranty, return the defective media (and/or hardware key) to your to the place of purchase during the Warranty Period with the proof of purchase. Licensor’s responsibility to fulfill this warranty applies only if arises from acts or omissions attributable to the Licensor.
EXCEPT AS PROVIDED ABOVE, THE LICENSED PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE.
LIMITATION OF LIABILITY. LICENSOR’S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE REPLACEMENT OF DEFECTIVE MEDIA, AND/OR DEFECTIVE PROTECTION KEY, ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION (OR ANY HARDWARE FURNISHED WITH THE SOFTWARE), EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ANY CLAIM BY ANY THIRD PARTY.
GENERAL. You will not export or re-export the Software in violation of the export control laws of the Czech Republic or any other jurisdiction. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. This Agreement shall be governed by and interpreted under the laws of Czech Republic.
LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
