End user License Agreement
This end-user License Agreement (the “License Agreement”) is between Levade ICT BV, a limited liability company registered in The Netherlands and having its registered address at Meije 41, 2411PJ Bodegraven, The Netherlands (the “Licensor”) and the end user (“You”). By installing and executing the software that accompanies this License Agreement (“Licensor Software”) and by pressing the “Accept” button, you are deemed to and do consent to be bound by and become a party to this License Agreement and to the Microsoft Software Supplemental License Terms and you represent that you have the authority to enter into these Agreements. If you do not agree to be bound by all of the terms of these Agreements do not press the “Accept” button and do not install the software. All unaccepted software must be promptly returned to the vendor at Your expense. Before You continue, it is advisable that You print or save a soft copy of this License Agreement for record purposes.
Grant of the License
Subject to the terms and conditions of this License Agreement, the Licensor grants You a non-exclusive, non-transferable, non-sub-licensable and revocable license to install one copy of the Licensor Software and related written materials in either printed text or machine readable version (the “Documentation”), on a single computer. If You are using the Licensor Software for Your own personal use and not in a business or trade, You may use internally one copy of the Licensor Software and Documentation on three computers as long as the computers are used for private, non-commercial purposes. Any use of more copies of the Licensor Software than are licensed is prohibited. The license for the Licensor Software may not be shared by alternating use of the Licensor Software between different computers. The Licensor Software is licensed as a single product, and You may not separate its component parts for use on more than one desktop personal computer. If You are not using a licensed copy of the Licensor Software, You are not allowed to install the Licensor Software and any future updates of the same.
You may be granted a temporary license to evaluate the Licensor Software. Applications and data that You have created during the evaluation period may require the Licensor Software in order to run or to be accessible. Consequently, You may lose or be unable to access applications or data that You have created during such period. You should therefore take precautions to avoid any loss of data. To be allowed to continue Your use of the Licensor Software after expiry of the evaluation period, You must acquire a regular license as set out in this License Agreement and pay the license fee. You agree that the Evaluation Copy granted to You on a temporary basis to test the Licensor Software may have limited functionality and that consequently You may not be able to benefit from all the functions which would be available if You buy a regular license and pay the license fee.
Licensed Units and Networks
When You purchase a license You will be provided with a serial number. You should activate the registered license for the Software by entering the serial number as prompted by the Software. You agree to use the Software only for the number of licensed units specified on Your invoice. Any simultaneous storage, maintenance, or use on more units than are licensed is prohibited. You agree either to implement access security mechanisms to prevent simultaneous use or to pay an additional fee according to the number of users with access to a Network enabling use of the Licensor Software by multiple computers simultaneously. You agree to contact the Licensor if simultaneous use will be possible.
Copyright and Trademark Rights
The Licensor Software and its Documentation is copyrighted according to law. You must not use the Licensor Software or its Documentation in any manner which can jeopardize or violate its copyright. Unless specifically permitted in terms of this License Agreement, copying, reproducing, changing, modifying and decompiling the software as well as transferring it from a mechanical code, reanalyzing it or creating any deduced works therefrom by processing is strictly prohibited. Nor is it permissible to resell, borrow, assign, transfer or lease the Licensor Software or its Documentation to any person.
Intellectual Property Protection
This License Agreement does not give You any intellectual property rights in the Licensor Software or its Documentation. You agree to treat the Licensor Software and its Documentation as copyrighted material and You must not use them in any manner which can jeopardize or violate the copyrights of the Licensor. You may not copy (except as permitted here above), modify, create a derivative work thereof, reverse compile or reverse engineer, disassemble, decompile or otherwise attempt to extract the source code or internal data of the Licensor Software or any part thereof, unless this is expressly permitted or required by law, or unless You have obtained explicit consent in writing from the Licensor that You may do so. You further agree not to remove or in any way obscure any ownership or trademark notices on the Licensor Software or its Documentation.
Restrictions on Use
You are expressly prohibited from sublicensing, selling, renting, leasing, transferring, assigning, displaying, hosting, outsourcing, disclosing, distributing or otherwise commercially exploiting the Licensor Software or making any use of such Software or its Documentation in any way that violates any applicable law.
You expressly understand and agree that the Licensor Software and its Documentation are provided to you under this License Agreement on an “as is” basis and with all its faults and your use of it is at your sole risk. This Licensor Software and its Documentation is not subject to any guarantees. The Licensor Software is provided as general purpose software and not for your particular use. You accept that the Licensor and its suppliers do not represent or warrant that:
- The Licensor Software and its Documentation will meet your requirements;
- The Licensor Software and its Documentation will be error or defect free: or that
- Any defects in the operation or functionality of the Licensor Software and its documentation will be corrected.
The Licensor further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Any implied warranties that cannot be excluded are limited to 30 days or to the shortest period permitted by THE applicable law, whichever is the greater.
Limitation of Liability
Under no circumstance and under no legal theory/institute, whether in tort, contract, or otherwise, will the licensor or its affiliate, suppliers or distributors be liable to you or any third party beneficiary for any direct, indirect, special, incidental, exemplary, punitive or consequential damages, including but not limited to any loss of business, loss of data arising out of the use or the inability to use the Licensor Software and its Documentation, even if they know of the possibility of such damages. In no event will the total liability of the Licensor or its suppliers whether in tort, contract or otherwise, exceed the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by THE applicable law.
You may not export or re-export the Licensor Software in violation of the export laws of the United States, the European Community or the applicable laws of any other jurisdiction. Among other things, U.S. laws provide that the Licensor Software may not be exported or re-exported to certain countries which are embargoed or restricted or to certain restricted persons. You will indemnify and hold us harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section. Your obligations under this section shall survive the expiration or termination of this Agreement.
Term and Termination
This License Agreement shall automatically terminate if You fail to comply with its terms without prejudice to the rights of the Licensor to compensation for damages in terms of the applicable law. Immediately upon termination or expiration of this License Agreement, the license granted hereunder shall terminate and You shall immediately return to the Licensor or destroy all copies of the Licensor Software and all related Documentation in Your possession, but the terms of this Agreement which are intended to survive termination shall remain in effect.
Choice of Law
This License Agreement will be governed by the Laws of The Netherlands, Europe excluding any conflict of rules of law.
Any rights not expressly granted under this License Agreement are being reserved. This License Agreement is the entire agreement between You and the Licensor with respect to this subject matter and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations, any additional terms of any quote, order or other similar communication between the parties. If any part of this License Agreement is found to be void, unenforceable or invalid, that part will be deemed stricken and will not affect the validity of the other License Agreement provisions. Failure by either party to enforce any provision of this License Agreement will not be deemed a waiver of future enforcement of that or any other provision. Sections 6, 7,and 8 shall survive the termination of this License Agreement. MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS MICROSOFT .NET FRAMEWORK 3.5 CLIENT FOR MICROSOFT WINDOWS OPERATING SYSTEM Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you. If you are licensed to use Microsoft Windows operating system software (for which this supplement is applicable) (the “software”), you may use this supplement. You may not use it if you do not have a license for the software. You may use a copy of this supplement with each validly licensed copy of the software. The following license terms describe additional use terms for this supplement. These terms and the license terms for the software apply to your use of the supplement. If there is a conflict, these supplemental license terms apply. By using this supplement, you accept these terms. If you do not accept them, do not use this supplement. If you comply with these license terms, you have the rights below.
- SUPPORT SERVICES FOR SUPPLEMENT. Microsoft provides support services for this software as described at www.support.microsoft.com/common/international.aspx.
- MICROSOFT .NET BENCHMARK TESTING. The software includes the .NET Framework, Windows Communication Foundation, Windows Presentation Foundation, and Windows Workflow Foundation components of the Windows operating systems (.NET Components). You may conduct internal benchmark testing of the .NET Components. You may disclose the results of any benchmark test of the .NET Components, provided that you comply with the conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406.
Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at <http://go.microsoft.com/fwlink/?LinkID=66406
Please contact Levade ICT BV in The Netherlands at +31-172-685101 or use the Contact Form in case of any questions.
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