License
Under this End User License Agreement (the "Agreement") Gabriel S Esterhuizen (the "Vendor") grants to the user (the “Licensee") a non-exclusive and non-transferable license (the "License") to use the software (the "Software") provided in this installation package.
"Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
Title, copyright, intellectual property rights, and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
The Licensee may physically transfer the Software from one computer to another provided that the Software is used on only one computer at a time. A single copy may be made for backup purposes only. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity The Licensee may not make available the Software for use by one or more third parties.
The Software may not be modified: reverse-engineered: or de-compiled in any manner through current or future available technologies
Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
License Fee
The original purchase price paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.
Limitation of Liability
The Software is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental, or consequential damages including, but not limited to: loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
Warrants and Representations
The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the Industry.
The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.
Acceptance
All terms: conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") upon registration of the Software by the Licensee through the Copyminder (www.copyminder.com) software protection system.
User Support
The Licensee will be entitled to one year of email-based support in English at no additional cost.
The Licensee will be entitled to maintenance upgrades and bug fixes: at no additional cost for a period of one year from the date of Acceptance.
Term
The term of this Agreement will begin on Acceptance and 1) is perpetual if a perpetual license has been purchased, or 2) terminates at the end of the Lease period if a time limited lease license has been purchased.
Termination
This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement or after the end of the Lease period in the case of Leased licenses. On termination of this Agreement for any reason the Vendor will deactivate the license on the Copyminder software protection system.
Governing Law
The Parties to this Agreement submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Commonwealth of Pennsylvania.
Miscellaneous
This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement.
Notices
All notices to the Vendor under this Agreement are to be provided at the following address:
Gabriel S Esterhuizen: 110 Legacy Drive PA 15317 Pennsylvania: USA
or: gsesterhuizen@gmail.com