» version 126.96.36.19971 - posted on 2010-10-16
» version 1.0 - posted on 2010-10-16
EULA - End User License Agreement
End User License Agreement
This End-User License Agreement (the "License" or “Agreement”) is between Denfel Ltd (C50725), a limited liability company registered in Malta and having its registered address at 4, Country Lodge, A De Saavedra Street San Pawl Tat - Targa, Naxxar, Malta, Europe (hereinafter “Denfel”) and the end user ("You").
By installing the Denfel Software and by marking the “I accept the agreement” button, you are deemed to and do consent to be bound by and become a party to this License and you represent that you have the authority to enter into this Agreement.
If you do not agree to be bound by all of the terms of this Agreement click the ‘Cancel'' button and do not install the Denfel Software. If You purchased a license to the Denfel Software on tangible or intangible media without the opportunity to review this License and You do not accept this Agreement. Denfel has no obligation to make or cause a refund if the vendor is not authorized by Denfel to sell or resell this License or to distribute the Denfel Software. For the purposes of this Agreement, “Denfel Software” shall mean the software displaying this License, any Upgrade thereof granted during the Term, Documentation and any Copies you are permitted to make under this Agreement, excluding Third Party Software.
Denfel recommends that You keep a copy of this License Agreement for your records.
2. Grant of the License
Subject to the terms and conditions of this License, and subject to payment of applicable fees (“License Fee”), Denfel grants You a limited, personal, non-exclusive, non-transferable, non-sub-licensable and revocable license to install during the Term and solely for your own private use, one (1) Copy of the Denfel Software. Any use of more copies of the Denfel Software that are licensed is prohibited. The license for the Denfel Software may not be shared by alternating use of the Denfel Software between different computers. Following expiry of the Term, You may keep one copy of the Denfel Software under the terms of the last License that you accepted. For the purposes of this Agreement, “Copy” shall include the original installation of the Denfel Software. You shall not allow and shall prevent others from making or obtaining copies of the Denfel Software.
3. License Restrictions
Unless specifically permitted in terms of this Agreement, You may not (i) copy, reproduce, change, 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 Denfel Software or any part thereof; (ii) remove or in any way obscure any ownership or trademark notices on the Denfel Software; (iii) sublicense, sell, rent, lease, transfer, assign, display, host, outsource, disclose, distribute or otherwise commercially exploit the Denfel Software; (iv) circumvent any serial number or any other mechanism used or deployed by Denfel to protect the Denfel Software against unlicensed use, copying or distribution; (v) post or otherwise make available, the Denfel Software or any portion thereof, including the serial number, on the Internet or other publicly available forum; (vi) export or re-export the Denfel Software or any underlying information or technology in violation of the export laws of the United States, the European Community or any other applicable laws or regulations; or (vii) make any use of such Denfel Software in any way that violates any applicable law.
4. Licensed Copies and Networks
Any simultaneous storage, maintenance, or use of the Denfel Software 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 Denfel Software by multiple computers simultaneously.
5. Upgrades and Updates
Denfel may provide You with Upgrades and/or Updates from time to time at no charge during the Term of this Agreement. For the purposes hereof, “Upgrade” means a new version of the Denfel Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by Denfel to improve or to add to, delete or otherwise modify any aspect of the Denfel Software; and “Updates” means an update of the content used by the Denfel Software that might need to be updated from time to time. Upgrades and/or Updates may be provided by Denfel via on-line services. This License does not otherwise permit You to obtain and use Upgrades and/or Updates.
Note: The Denfel Software may require Updates in order to work effectively.
6. Evaluation Copy
You may be granted an evaluation copy of the Denfel Software free of charge (the “Evaluation Copy”). Certain features and/or functionality of the Denfel Software may be locked or unavailable in the Evaluation Copy. In order to benefit from all features and functionality of the Denfel Software, You must pay the License Fee and input a valid serial number. Upon such actions being taken, the Evaluation Copy shall cease from being considered an Evaluation Copy and all the terms of this Agreement shall commence to apply in their entirety. Clauses 3, 9, 10, 11, 12, 13, 14, 15, 19 and 20 shall apply equally to an Evaluation Copy.
7. Activation and other Technological Measures
When You purchase a license You will be provided with a serial number. You must activate the Denfel Software by entering the serial number as prompted by such Software. There may be other technological measures, including enforcement technology, in the Denfel Software that are designed to prevent unlicensed or illegal use. You agree that Denfel may use these measures in its reasonable discretion.
8. Intellectual Property Protection
The Denfel Software is protected by copyright, as well as other intellectual property laws both nationally and under international treaty provisions. Notwithstanding anything else, the Denfel Software is licensed and not sold. This License Agreement does not give You any intellectual property rights in the Denfel Software or any Third Party Software, and does not grant You any license, right or interest in any trade mark, trade name or service mark of Denfel or any other third party. Denfel owns and retains all right, title and interest in and to the Denfel Software, all Copies or portions of the Denfel Software, and any derivative works thereof.
9. Limited Warranty
The Denfel Software is provided to You under this License on an “as is” basis, without warranty or representation of any kind. The Denfel Software is provided as general purpose software and not for your particular use. You accept that Denfel and its suppliers do not represent or warrant that the Denfel Software will meet your requirements or be error or defect free or that any defects in the operation or functionality of the Denfel Software will be corrected. Denfel 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 the period permitted by applicable law. Your use of the Denfel Software is at your sole risk and You are responsible for any decisions made and actions taken based on the Denfel Software, irrespective of any recommendations proffered by such Software. Denfel makes no representation regarding Third Party Software which may be accessed through or included with the Denfel Software.
10. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY/INSTITUTE, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL DENFEL OR ITS SUPPLIERS, 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 DAMAGE FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, COMPUTER FAILURE OR MALFUNCTION AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, OR IN ANY WAY RELATED TO, THE USE OR THE INABILITY TO USE THE DENFEL SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE IN CONNECTION WITH ANY ASPECT OF THIS SOFTWARE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF DENFEL OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE TOTAL LIABILITY OF DENFEL OR ITS SUPPLIERS WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE DENFEL SOFTWARE (“LICENSE FEE”). YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES.
Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations might not apply to You.
You will indemnify and hold Denfel harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney''s fees) arising from or relating to your use of the Denfel Software. Your obligations under this section shall survive the expiration or termination of this Agreement.
13. Third Party Software
Other third party software may be distributed together with the Denfel Software (the “Third Party Software”). Any and all such Third Party Software may require notices and/or be subject to different license terms. Such required Third Party Software notices and license terms, if any, may be accessed at http://www.denfel.com/, or through the Third Party Software. By accepting this License Agreement, You are also accepting the license terms, if any, under which the Third Party Software is made available. You will not enter into a contractual relationship with Denfel regarding such Third Party Software and Denfel accepts no responsibility for Your use of same.
14. Term and Termination
The Term of this License is for a period of one year from the date of purchase except with regards to an Evaluation Copy for which the default term shall be for so long as Denfel makes such Evaluation Copy available to You. At the end of the Term, You agree to de-install and destroy or permanently erase all but one copy of the Denfel Software within fifteen (15) days of termination or expiration. Following expiry of the Term, some features and functionality of the Denfel Software may cease to function or the Denfel Software may cease to function altogether.
Notwithstanding the above, the License shall automatically terminate if You fail to comply with any of its terms, both during and following the Term of the License, without prejudice to the rights of Denfel to compensation for damages in terms of the applicable law. Immediately upon such termination, any license granted hereunder shall terminate and You shall immediately return to Denfel or destroy all Copies of the Denfel Software in Your possession.
The terms of this Agreement which are intended to survive expiration or termination shall remain in effect.
Denfel may provide You with support services related to the Denfel Software. Any obligation Denfel may have to support the previous version of the Denfel Software ends upon the expiration of the Term or the termination of the License, whichever is the earlier.
If Upgrades are granted, such Upgrades shall be accompanied by this or a new License. Such grant shall not extend the Term of the License granted hereunder. If the Upgrade is accompanied by a new License, and You do not accept the terms of such new License, You must notify Denfel within thirty (30) days of such grant. If you do so notify Denfel, your agreement with Denfel shall continue to be governed by this or the last License that you accepted, until the end of the Term. Following expiry of the Term, if you renew your license of the Denfel Software or you continue to pay your License Fee, you will be deemed to have accepted the new license.
17. General Provisions
Any rights not expressly granted under this License Agreement are being reserved. This License is the entire agreement between You and Denfel with respect to this subject matter and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations, any additional terms 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 provisions. Failure by either party to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision.
18. Choice of Law
This License Agreement will be governed by and construed under the Laws of Malta, Europe excluding any conflict of rules of law. All disputes arising out of or in relation to this Agreement shall be submitted to the exclusive jurisdiction of the Courts of Malta. Denfel retains the right, at its option, to pursue any litigation arising from your use of the Denfel Software in your national Courts.