DigiArea Group Ltd. License Agreement
IMPORTANT NOTICE: READ CAREFULLY BEFORE CONTINUING
THIS SOFTWARE IS PROVIDED TO YOU UNDER THE FOLLOWING LICENSE AGREEMENT.
THIS LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL,
AN INDIVIDUAL STUDENT, OR A SINGLE ENTITY) AS END USER AND LICENSEE, AND
DIGIAREA GROUP LTD. ("DAG"), AND DEFINES WHAT YOU MAY DO WITH
THE SOFTWARE, AND WHAT LIMITATIONS EXIST ON WARRANTIES AND REMEDIES RELATED TO
THE SOFTWARE. BY CLICKING ON "I ACCEPT", YOU BECOME A PARTY TO, AND AGREE TO BE
BOUND BY ALL THE TERMS AND CONDITIONS OF, THIS LICENSE AGREEMENT. IF, AFTER
READING THIS LICENSE AGREEMENT, YOU DO NOT ACCEPT OR AGREE TO THE TERMS AND
CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT, DO NOT CLICK ON "I AGREE" AND DO
NOT CONTINUE WITH THE DOWNLOAD
License Agreement
OWNERSHIP OF SOFTWARE.
- DAG owns (or has the right to sublicense) and retains all right,
title and interest, including all copyrights and other intellectual property
rights, (whether or not patentable or registerable under copyright, trademark,
or similar legislation or subject to analogous protection) in and to the
software, including, without limitation, all software and associated media,
enhancements, improvements, corrections, and/or modifications to the
Maple package LdeApprox software (collectively, the "Software") as well as related
documentation.
- DAG does not sell any rights in the Software, but rather grants
the right to use the Software by means of a software license.
- DAG reserves all rights with respect to the Software not expressly
granted by this License Agreement.
- The Software and Documentation are protected by copyright laws and
international copyright treaties, as well as other intellectual property laws
and treaties.
GRANT OF LICENSE. In consideration of payment of the license fee,
which is part of the price you paid for this package, and your agreement to
abide by the terms and conditions of this License Agreement, DAG, as
licensor, grants to you a non-exclusive, revocable, personal, non-transferable
license and right to use this copy of the Software (the "License"). If you paid
the student license fee, which is the student price you paid for this package,
this License is granted for as long as you are enrolled for educational purposes
as a student ("Student") at an educational institution that has been duly
accredited by a widely-recognized accreditation authority as such and are using
the Software for personal study purposes ("Study Use") only and not for other
purposes, including but not limited to, commercial use. For greater certainty,
purchases of all Student Licenses are restricted to Students and no other
person, firm, corporation or other entity shall be entitled to purchase the
Student License. Should you no longer be a Student and/or should you no longer
use the software for Study Use, you may continue to use the Software for
personal use only, which shall not include use at your place of employment.
UPGRADES If you receive a replacement to or modification of this
Software by DAG, any such replacement or modified software code or
upgrade to the Software shall be considered part of the Software and subject to
the terms of this agreement (unless this agreement is superceded by a further
agreement accompanying such replacement or modified version of or upgrade to the
Software). In the event that DAG supplies a replacement or modified
version of or any upgrade to the Software, your continued use of the Software is
conditioned on your acceptance of any accompanying superceding license
agreement.
YOU MAY:
- If you have purchased a License for a single user of the Software, install
and use this copy of the Software on a single computer at a single location,
or physically transfer the Software from one computer to another (including
permanently and completely deleting the Software from the first computer),
provided the Software is used only by a single user on a single computer at
one time.
- If you have purchased a License for non-concurrent multi-users, the
Software may be installed on a designated number of computers, up to the
number of Licenses purchased. If you have purchased a License for concurrent
multi-users, the Software may be installed on a single network server and you
will have as many users operating the Software at the same time as the number
of Licenses you have purchased.
- Copy one copy of the Software solely for backup purposes (if the Software
is not copy-protected) provided you reproduce and include the copyright notice
on the backup copy and use the backup copy solely for archival purposes and
install a second copy of the Software on the single computer on which you
installed the purchased copy of the Software for the sole purpose of using the
Software in a second operating system on such single computer as long as the
Software is not run simultaneously in two operating systems.
YOU MAY NOT:
- Use, reproduce, transmit, modify, adapt or translate the Software or
Documentation, in whole or in part, to others, except as otherwise permitted
by this License Agreement.
- Reverse engineer, decompile, disassemble, or create derivative works based
on the Software or any part thereof.
- Separate the component parts of the Software for any reason including,
without limitation, use of such components on another computer or network
server or for use within or in combination with another software application.
- Use the whole or any part of the Software as part of an
Internet/Intranet/Extranet website or via other electronic communication
distribution methods that facilitate access by a third party, unless the third
party is a licensed user of the Software.
- Rent, lease, license, transfer, assign, sell or otherwise provide access
to the Software or Documentation, in whole or in part, on a temporary or
permanent basis, except as otherwise permitted by this License Agreement.
- Without limiting the restrictions set forth above, distribute any
components of the Software for any reason including, without limitation, as
part of a third party software application, without permission in writing from
DAG.
- Alter, remove or cover proprietary notices in or on the Software or
Documentation.
- Use the Software in any unlawful manner whatsoever.
SUPPORT SERVICE. DAG will provide you with support services
related to the Software ("Support Services"). Use of Support Services is
governed by the DAG polices and programs described in the user manual,
in "on line" documentation and/or other DAG-provided materials. Any
supplemental software code provided to you as part of the Support Services shall
be considered part of the Software and subject to the terms and conditions of
this EULA. With respect to technical information you provide to DAG as
part of the Support Services, DAG may use such information for its
business purposes, including for product support and development.
TERM. This License Agreement becomes effective upon your accepting
this License Agreement and downloading the Software, and is effective until
terminated. DAG may terminate this License Agreement without notice to
you if you fail to comply with any provision of this License Agreement. Upon
termination, you agree to immediately cease using the Software and Documentation
and to destroy all copies of the Software and Documentation in your possession
within five days of termination. The Ownership of Software and Limited Warranty
and Liability sections of this License Agreement shall continue in force after
any termination.
WARRANTY. DAG warrants to you as original end user, that the
Software substantially conforms to your expectations for a period of fifteen
(15) days (the "Return Period") from the date of delivery to you as evidenced by
your order number. If you are not satisfied with the Software, and are within
the Return Period, you may apply to the place of purchase for a refund, at which
point, this Agreement will be terminated.
LIMITED WARRANTY AND LIABILITY. OTHER THAN AS OUTLINED ABOVE AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SOFTWARE AND DOCUMENTATION
ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
DAG, ITS AFFILIATES, DEALERS OR DISTRIBUTORS, SHALL CREATE A WARRANTY OR
IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ASSUME THE ENTIRE RISK AS TO
THE USE AND PERFORMANCE OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF
CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. IN NO EVENT SHALL
DAG, ITS AGENTS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION,
PRODUCTION OR DELIVERY OF THE SOFTWARE AND/OR DOCUMENTATION BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL
DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OR INABILITY TO USE THE SOFTWARE, THE INSTALLATION OF THE SOFTWARE,
THE TERMINATION OF THIS AGREEMENT, THE FAILURE OF EQUIPMENT RELATED TO YOUR
COMPUTER OR DAMAGE TO YOUR COMPUTER, SOFTWARE OR OTHER PROPERTY RESULTING FROM
YOUR USE OF THE SOFTWARE OR FROM ANY VIRUS, EVEN IF DAG OR ITS AGENTS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM, OR IT IS
FORESEEABLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. DAG'S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT
EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. THE
LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR
DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM. SOME JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
INDEMNITY. You agree to indemnify and hold DAG harmless from
and against any loss, liability, cost, expense or damage arising out of any
claim, suit action or judgment brought against DAG or its Affiliates
related to your violation of any provincial, state, federal or other laws or
regulations or any third party rights.
ACKNOWLEDGEMENT. You acknowledge that you have read this License
Agreement and limited warranty, understood them, and agree to be bound by their
terms and conditions. You also agree that this License Agreement is the complete
and exclusive agreement between you and DAG, and supersedes all prior
agreements, representations and any other communications, oral or written,
between you and DAG relating to the subject matter of the License
Agreement including, without limitation, any warranties with respect to the
Software and Documentation. This License Agreement may only be amended by
written agreement of both parties. Should you have any questions concerning this License Agreement, contact
DAG at:
DigiArea Group Ltd. 278/4/45 Kremenchug 39627, Ukraine
Fax: +380 (536) 747-741 Email: info@digi-area.com
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