Emsa Systems End User License Agreement for Emsa PC FlexInfo, Freeware Version

IMPORTANT - READ THIS CAREFULLY: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A
LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND EMSA SYSTEMS LTD,
FOR THE EMSA SOFTWARE IDENTIFIED ABOVE, WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE
MEDIA, PRINTED MATERIALS, AND ELECTRONIC OR ONLINE DOCUMENTATION ASSOCIATED WITH THE
SOFTWARE. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE
SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND
LIABILITY DISCLAIMERS. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ARE
CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BE BOUND BY THE TERMS OF THIS
LICENSE AGREEMENT. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO INSTALL, DOWNLOAD OR
OTHERWISE USE THE PRODUCT.
 
1. Definitions

(a) "Emsa" means Emsa Systems Ltd. and its licensors, if any.
(b) "Software" means the Emsa Systems software program(s) as well as any third party 
software programs supplied by Emsa, and any other corresponding media, printed materials,
and online or electronic documentation.
(c) "Freeware Version" means a version of the Software, so identified, that can does not
require purchasing. No fees are required for downloading and using such Software, except
and limited to the value of media used to distribute the Software, if any.

2. License Grants 
The licenses granted in this Section 2 are subject to the terms and conditions set forth in
this EULA:

(a) Emsa grants to you, and you accept, a nonexclusive license to use the Software in
machine-readable, object-code form only, and the accompanying user documentation, only as
authorized in this End User License Agreement, and provided that you comply with all terms,
conditions and license restrictions in this agreement.

(b) This product is freeware; therefore you are not required to pay for a license of the
product. You may download the Freeware Version of the Software, free of charge from Emsa's
website and install it on as many computers as you like, provided that you actually own
such computers. You may make archive copies of this program for the purpose of backing up
our software, and you may also pass a copy by hand to anyone you know, provided that the
copy of the Software includes all Emsa Systems copyright and other proprietary notices,
and only free of charge.
 
3. License Restrictions
(a) The Freeware Version Software comes with no warranties whatsoever. All risk arising
from using this Software in any way, belongs to you and remains with you.

(b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse
engineer, disassemble, or otherwise reverse process, translate or otherwise reduce the
Software to a human-perceivable form.
 
(c) You may not assign, sublicense, transfer, pledge, rent, lease, or share your rights under
this Eula. You may not sell copies of the Software.

(d) In the event that you may want to distribute this Freeware Version or include it on
media like Floppy disks or CD or DVD which are then sold, or bundle within your own 
Products, or otherwise distributed to other people, you need to contact Emsa and obtain
written acceptance for distributing the Software, prior to doing this. Under no other
circumstances you are allowed to mass distribute the Software. However, you may pass
the information required to download the software, like the Emsa website address,
but you are not allowed to pass your own username and password (if any) to allow other
parties to use your own website account for this purpose.

(e) No Support Services are available for Freeware Version Software.

(f) You agree that Emsa may audit your use of the Software for compliance with these terms
at any time. In the event that such audit reveals any use of the Software by you other than
in full compliance with the terms of this Eula, you shall reimburse Emsa for all reasonable
expenses related to such audit in addition to any other liabilities you may incur as a
result of such non-compliance.
 
(g) Unless otherwise stated in this Eula, you may not modify the Software or create
derivative works based upon the Software.

(h) You shall not use the Software to develop any application having the same primary
function as the Software.
 
(i) In the event that you fail to comply with this EULA, Emsa Systems may terminate your
license and you must destroy all copies of the Software (with all other rights of both
parties and all other provisions of this EULA surviving any such termination).

4. Copyright
This Software is protected by copyright law and international copyright treaty. EMSA or its
representatives own own the title, copyright, and other intellectual property rights in the
Software. The Software is licensed, not sold. Except as otherwise provided in this statement,
you, or any other person or entity under your authority or control, may not transfer, rent,
lease, lend, copy, modify, translate, sublicense, time-share, or electronically transmit or
receive the software, media, or documentation.

5. Emsa Systems's Rights
You acknowledge and agree that the Software is a proprietary product of Emsa, protected under
copyright law of Romania. You further acknowledge and agree that all right, title, and
interest in and to the Software, including associated intellectual property rights, are and
shall remain with Emsa. Emsa may terminate this License Agreement upon breach by you of any 
term hereof. Upon such termination by Emsa, you agree to destroy the Software and all copies
and portions of it that you have. Emsa reserves all rights not expressly granted to you
in this agreement.  

6. Warranty and Disclaimer
(a) There is no warranty at all. Emsa takes no responsibility whatsoever, to any claim for
or right to recover any damages, including but not limited to, loss of profit, data, or use 
of the software or special, incidental, indirect or consequential damages whatsoever
(including, but not limited to, damages for loss of profits or confidentialor other
information, for business interruption, for personal injury, for loss of privacy, for
failure to meet any duty including of good faith or of reasonable care, for negligence, and 
for any other pecuniary or other loss) arising out of or in any way related to the use of or
inability to use the Product, the provision of or failure to provide Support Services, or
otherwise under or in connection with any provision of this agreement, even in the event of
the fault, negligence, strict liability, breach of contract or breach of warranty of Emsa or
any supplier, or other similar claims, even if Emsa has been specifically advised of the
possibility of such damages.

(b) Emsa specifically disclaims all other warranties, representations, or conditions, either
express or implied, including but not limited to, any implied warranty or condition of
merchantability or fitness for a particular purpose. All other implied terms are excluded.

(c) Specifically, EMSA makes no representation or warranty that the software or documentation
are "error-free", "bug-free", "virus-free", operate without interruption, or meet any user's
particular standards, requirements, or needs. Under no event shall Emsa or its suppliers be
liable for any damages, to you and any other person, regardless of the form of the claim. 

(d) Emsa shall have no responsibility if the Software has been altered in any way, if the
media has been damaged by misuse, accident, abuse, modification or misapplication, or if the
failure arises out of use of the Software with other than a recommended hardware or software
configuration.

(e) The Software is not designed, intended or licensed for use in hazardous environments 
requiring fail-safe controls, including without limitation, the design, construction,
maintenance or operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, and life support or weapons systems. Emsa Systems specifically 
disclaims any express or implied warranty of fitness for such purposes.

7. Third party products
Emsa is not responsible for, and does not make any representation, warranty, or condition
concerning product, media, software, or documentation not manufactured or supplied by Emsa,
such as third-parties' programs that are designed using Emsa software or which include Emsa
programs or files.

8. Support services
No Support Services are available for this Software.

9. Miscellaneous
This Agreement contains the sole and entire agreement between the parties with respect to the
subject matter of this Agreement and supersedes any and all other prior written or oral
agreements between them. No amendment, waiver, or modification of this Agreement or any 
provision of this Agreement shall be valid unless in writing and duly executed by the parties.
This Agreement shall be binding upon and inure to the benefit of the parties and respective
heirs, legal representatives, administrators, successors, and assigns. In the event of
litigation between the parties to enforce the provisions of or with respect to this Agreement,
the prevailing party shall be entitled to reimbursement for attorney's fees and costs at trial
and on appeal. Captions contained in this Agreement are inserted only as a matter of
convenience or for reference and in no way define, limit, extend, or describe the scope of 
this Agreement or the intent of any provision of this Agreement. The parties have entered
into this Agreement solely for their own benefit. They intend no third person or party to be
able to rely upon nor enforce this Agreement nor any part of this Agreement. You shall not 
assign rights nor delegate duties under this Agreement without the prior written consent of
Emsa. Any purported assignment or delegation violating this provision shall be void.
 
12. Governing Law, Jurisdiction and Venue
This Agreement and the interpretation of its terms shall be governed solely by the laws of 
Romania. The parties consent to the exclusive jurisdiction of the Romanian courts in Bucharest
and agree that exclusive venue shall lie in Bucharest, Romania. If any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or 
as a result of future legislative action, such holding or action shall be strictly construed
and shall not affect the validity or effect of any other provision of this Agreement.

End of document