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- Emsa Systems End User License Agreement for Emsa WinStartup Manager, 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
-