License
agreement
IMPORTANT LEGAL NOTICE TO ALL USERS: PLEASE READ THE FOLLOWING LEGAL AGREEMENT CAREFULLY, BEFORE USING THE SOFTWARE.
BY INSTALLING THE SOFTWARE, YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. SUCH ACTION SHALL BE DEEMED EQUIVALENT TO YOUR SIGNATURE, AND BY DOING SO YOU ARE GIVING YOUR CONSENT TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT, AND ACKNOWLEDGE THAT THIS AGREEMENT IS ENFORCEABLE SIMILARLY TO ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS HEREOF, PLEASE DO NOT INSTALL THE SOFTWARE.
1. Terms and Definitions 1.1. "Software" means this software including any updates and related materials. 1.2. "Right Holder" (owner of all rights over the Software, whether exclusive or otherwise) means VEKTOR T13 TECHNOLOGIES LLC, a company incorporated under the laws of Ukraine. 1.3. "Computer(s)" means hardware, including personal computers, laptops, workstations, personal digital assistants, smartphones, handheld devices, or other electronic devices this Software has been designed for, and will be installed at, and/or used by. 1.4. "End User (You/Your)" means individual(s) installing or using the Software on their own behalf or legally using a copy of the Software; or, if the Software is downloaded or installed on behalf of an employer organization, "You" further means the organization the Software has been downloaded or purchased for; such organization is deemed to have authorized the person accepting this agreement to do so on its behalf. 1.5. "Partner(s)" means organizations or individual(s) who distribute the Software on the basis of an agreement with and license granted by the Right Holder. 1.6. "Update(s)" means all upgrades, revisions, patches, enhancements, modifications, copies, additions, maintenance packs, etc. 1.7. "Activation Key" means a combination of 20 letters and digits that unlocks full functionality of the Software.
2. Grant of License 2.1. You are granted a non-exclusive license to store, download, install, run, and display ("use") the Software on one Computer, so as to protect the Computer with the Software installed, from unauthorized access to the data in its random access memory and files on its data storage media, including portable ones, according to the terms and conditions of this Agreement (the "License"); and You hereby confirm that You accept this License. 2.2. You can transfer the non-exclusive Software License to other individuals within the scope of the License granted to You by the Right Holder, provided that the recipient agrees to be bound by all the terms and conditions hereof and to fully replace You with regard to the License granted by the Right Holder. If You are the recipient of a transferred license, You must agree to be bound by all the terms and conditions of this Agreement. Otherwise, You may not install and/or use the Software. You also agree as the recipient of a transferred license that You will not receive any extra rights on top of those of the original End User who acquired the Software from the Right Holder. 2.3. To use the Software, You may be asked to provide Your email; it will be used, inter alia, for the purpose of restoring access to the Software, should you replace Your Computer. 2.4. Upon activation of the Software or installation of the Activation Key file, You will be entitled to the following services for the defined period of time as specified at the purchase of the Software: - Updates of the Software via the Internet when and as the Right Holder publishes them on its website or through other online services. Any Updates that You may receive become part of the Software, and the terms and conditions of this Agreement apply to them. Using some of the updates may be mandatory; proper functionality of the Software without the latest update is not guaranteed; - Technical support via the Internet; - Access to information and auxiliary resources of the Right Holder. 2.5. You acknowledge, agree and accept that purchase of Software is not subject to refund.
3. Activation and Time Terms 3.1. If You introduce modifications or changes at any hardware of Your Computer, You may be required to re-activate the Software by re-entering the Activation Key; the number of re-activations of the Software may be limited by the Right Holder. 3.2. If the Software has been acquired through the internet, it can be used, subject to Your acceptance of this Agreement, for the period of time that was specified at the point of purchase. 3.3. Upon expiry of the License period, the Software will be automatically deactivated and stay inactive. 3.4. Without prejudice to any other remedy in law or in equity that the Right Holder may have, if You breach any of the terms and conditions herein, the Right Holder shall be entitled to terminate this Software License at any time without notice, and without refunding the purchase price or any part thereof. 3.5. You agree that in using the Software, You will comply with all applicable international, national, state, regional and local laws and regulations, including, without limitation, privacy, copyright and export control regulations. 3.6. Except as specifically provided otherwise in this Agreement, You may not transfer or assign any of Your rights or obligations hereunder. 3.7. To ensure the legitimacy of the Software use, the Right Holder reserves the right to use specific means to verify that You have a licensed copy of the Software. 3.8. The Software can transmit License and Computer information to the Right Holder as needed to verify the legitimacy of the Software use. If such check cannot be performed, the Software may work with limited functionality. 3.9. Permanent internet access is required to enable the use of the Activation Key and Software. The Right Holder doesn't warrant validity of Activation Keys purchased from unauthorized parties. 3.10. Owner of the Computer and the License will be identified according to the email address, specified at the point of activation of the Activation Key, and the last used Activation Key. Use of the Software on another Computer is allowed within the outstanding License period. Losing access to the email will make it impossible to use the Software on another the Computer. The number of unsuccessful Activation Key entries allowed within 24 hours, and the number of transfers of the Software to another Computer could be limited.
4. Technical Support 4.1. Technical support is provided subject to installation of the latest Update of the Software in accordance with the Right Holder's normal business practice. 4.2. The Right Holder may request data about Your Computer to be able to provide technical support.
5. Collection of Information 5.1. In the event of an error in the course of installation or use of the Software, You agree to automatically transfer the error code, information about the Software distribution package being used, impersonalized information about the Computer, as well as installer data with regard to the installation of the Software. 5.2. The Software does not process any personally identifiable data, and does not correlate processed data with any personal information.
6. Limitations 6.1. You shall not emulate, rent, lend, lease, sell, modify, decompile, or reverse-engineer the Software, or disassemble the Software, or create derivative products based on the Software or any portion thereof, except where explicitly permitted by applicable laws, ; and You shall not otherwise reduce any part of the Software to human-readable form or transfer the licensed Software or any subset of it to a third party, nor permit any third party to do any of the above, except to the extent the foregoing restrictions are expressly prohibited by applicable law. Neither the Software's binary code nor source may be used or reverse-engineered to re-create the program algorithm, which is proprietary and owned by the Right Holder. All rights not expressly granted herein are reserved by the Right Holder. Any unauthorized use of the Software shall result in immediate and automatic termination of this Agreement and the License granted hereunder, and may result in criminal and/or civil prosecution against You. 6.2. You shall not transfer the rights to use the Software to any third party, except as set forth in this Agreement. 6.3. You shall not use the Software in order to hinder or prevent legitimate investigation and law enforcement. 6.4. The Right Holder has the right to block the Software License, should You breach any of the terms and conditions of this Agreement, without any refund.
7. Limited Warranty and Disclaimer
7.1. The Right Holder guarantees that the Software will adequately function on Your Computer, provided however that this limited warranty shall not apply to the following: (a) Your Computer's deficiencies and related infringement for which the Right Holder expressly disclaims any responsibility; (b) malfunctions, defects, or failures resulting from misuse, abuse, accident, neglect, improper installation, operation or maintenance, theft, vandalism, acts of God, acts of terrorism, power failures or surges, hazards, non-permitted modification, or repairs by any party other than the Right Holder, or other causes beyond the Right Holder's reasonable control; (c) any defect not communicated by You to the Right Holder as soon as practical after the defect first appears; and (d) incompatibility caused by hardware and/or software components installed on Your Computer, and absence of internet access or inability to connect to the Right Holder's servers. 7.2. You acknowledge, accept and agree that no software is error-free. 7.3. The Right Holder does not guarantee that the Software will function correctly in case of breach of any of the terms herein. 7.4. The Right Holder does not guarantee that the Software will function correctly if You do not regularly download Software Updates. 7.5. The Right Holder does not guarantee Software performance after the expiration of the License period. 7.6. You acknowledge that the Software will be provisioned with standard settings applied by default and that it is Your sole responsibility to configure the Software to satisfy Your own requirements. 7.7. THE SOFTWARE IS PROVIDED "AS IS" AND THE RIGHT HOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT OF WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, THE RIGHT HOLDER AND ITS PARTNERS MAKE NO WARRANTY OR REPRESENTATION (EXPRESSED OR IMPLIED, WHETHER APPLICABLE TO ITS USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, INTEGRATION ABILITY, OR APPLICABILITY FOR A PARTICULAR PURPOSE. YOU AGREE TO ASSUME ALL RISKS AS TO THE SOFTWARE PERFORMANCE, AND RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION AND USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE RIGHT HOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE WILL BE FREE FROM ERRORS, OR INTERRUPTIONS, OR OTHER FAILURES, OR THAT THE SOFTWARE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS, WHETHER OR NOT DISCLOSED TO THE RIGHT HOLDER.
8. Exclusion and Limitation of Liability 8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RIGHT HOLDER OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, CAUSED BY THE USE OF OR IMPOSSIBILITY TO USE THE SOFTWARE, EVEN IF THE RIGHT HOLDER OR ANY PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN THE EVENT THE RIGHT HOLDER AND/OR ITS PARTNERS ARE FOUND LIABLE, THE LIABILITY OF THE RIGHT HOLDER AND/OR ITS PARTNERS SHALL BE LIMITED BY THE COST OF THE SOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE RIGHT HOLDER AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE RIGHT HOLDER OR THE PARTNER.
9. GNU and Other Third-Party Licenses 9.1. The Software may include some software programs that are used under the GNU Lesser General Public License (http://www.gnu.org/copyleft/lesser.html), Boost Software License (http://www.boost.org/LICENSE_1_0.txt), Inno Setup License (http://jrsoftware.org/files/is/license.txt), or other similar free software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, have access to the source code and supplement this Agreement in respect of separate Software components. If such licenses require that for any software the source code also be made available to those users, then the source code should be made available upon request sent to the Right Holder. If any open-source software licenses require that the Right Holder provides rights to use, copy or modify an open-source software program that are broader than the rights granted in this Agreement, then such rights shall take precedence over the rights and restrictions herein.
10. Intellectual Property Ownership 10.1. You agree that the Software and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Software constitute intellectual property and/or proprietary commercial value of the Right Holder or its Partners, and that the Right Holder and its Partners, as applicable, are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent. Your possession, installation or use of the Software does not transfer to You any title to the intellectual property in the Software, and You will not acquire any rights to the Software except as expressly set forth in this Agreement.
11. Governing Law 11.1. Except as provided in Clauses 11.2 and 11.3 below, this Agreement shall be governed by and construed in accordance with the laws of Ukraine, without reference to or application of the conflict-of-laws principles. 11.2. Notwithstanding the foregoing, if laws or other official acts of any country or territory in which this Agreement is to be enforced, prohibit the application of the law specified herein, then the laws of such country or territory shall instead apply, to the extent required by such laws or official acts. Similarly, if You are an individual user, the provisions of Clause 11.1 shall not affect any essential right You may have to take action in Your country of residence under the laws of that country. 11.3. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
12. Period for Bringing Actions 12.1. No action, regardless of form, arising out of the transactions under this Agreement may be brought by either party hereto more than one (1) year after the cause of action occurred, or was discovered to have occurred, except for an action for infringement of intellectual property rights.
13. Entire Agreement; Severability; No Waiver 13.1. This Agreement is the entire agreement between You and the Right Holder and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Software or to the subject matter of this Agreement. You acknowledge that You have read this Agreement, understand it, and agree to be bound by its terms. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable. No waiver of any provision or condition herein shall be valid unless provided in writing and signed by You and an authorized representative of the Right Holder.
14. Right Holder Contact Information Should You have any questions concerning this Agreement, or if You need to contact the Right Holder other, please use the following contact details: Legal entity name: VEKTOR T13 TECHNOLOGIES LLC Address: 61002, Str. Sumskaja 72, office 14, Kharkiv, Ukraine
© 2019-2021 VEKTOR T13 TECHNOLOGIES LLC. All Rights Reserved. The Software and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
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