Remotix3.0
EULA - End User License Agreement
NULANA LTD SOFTWARE LICENSE AGREEMENT
READ BEFORE COPYING, INSTALLING OR USING
This document is a legal agreement ('Agreement') between Nulana LTD ('Nulana' or 'Licensor' or 'we' or 'us') and You or the organization on whose behalf You are undertaking the license described below ('You' or 'Licensee') in relation to the Remotix and any associated materials (collectively, the 'Software'). The term 'Software' shall also include any upgrades, modified versions or updates of the Software licensed to you by Nulana LTD. By downloading, copying, installing, running or otherwise using the Software, You accept the following terms and conditions and agree to be bound by them. If You do not agree with any of the terms or conditions of this agreement, do not download, copy, install, run or in any other form use the Software or any portion thereof. The Software is protected by international copyright laws, as well as further intellectual property laws and treaties.
TRIAL LICENSE
If You have opted for a free trial of the Software, we grant to You limited, non-transferable, non-exclusive right to use the Software for trial purposes during the agreed upon term. The Licensee may use the Software on any computer owned, leased, or otherwise controlled solely by the Licensee for a period of fifteen (15) days from the date that the Software was downloaded and until terminated. Licensee must purchase the Software once the trial period ends or uninstall the Software.
The free trial of the Software may only be used once. If the Licensor discovers that more than one free trial has been requested, the Licensee will become liable for payment of the license fee for all use of the Software made after the first free trial period. The Licensee acknowledges that the trial version of the Software contains limited functionality, or ceases operations after a designated period of time. The Licensor has no obligation to provide support or maintenance for the trial version of the Software. However, we may, at our sole discretion, provide limited technical support, upgrades and updates for the trial version of the Software.
LICENSING OPTIONS
Personal license - A single user license for personal, non-commercial use.
Professional license - A single user license for commercial use in company or organization.
Site license - An unlimited number of users and installations in a single organization
on a single site.
Multisite license - An unlimited users and installations in a single organization
on multiple sites.
FULL LICENSE
If the Licensee has paid the applicable license fee and thereby has purchased a full license of the Software, the Licensor grants to the Licensee, perpetual, non-transferable, non-exclusive right to use the Software.
You may copy the Software according to the license purchased, and you may make one backup copy of the Software, subject to these conditions:
1. You may not copy, modify, rent, sell, distribute or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software.
2. You may not reverse engineer, decompile, or disassemble the Software.
3. You may not sublicense or permit simultaneous use of the Software by more than one user.
DELIVERY
Delivery is made available through the download section of Nulana’s website or Mac App Store. The delivery date with respect to this agreement is the date of the full payment of the required license fee.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS
Title to all copies of the Software remains with Nulana LTD or its suppliers. The Software is copyrighted and protected by the laws of the Russian Federation and other countries, and international treaty provisions. You may not remove any copyright notices from the Software. Nulana LTD may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, Nulana LTD grants no express or implied right under Nulana LTD patents, copyrights, trademarks, or other intellectual property rights.
PUBLICITY
You hereby grant to Licensor the right to use Your name and logo on the Licensor web site and in Licensor marketing materials relating to the The Software, provided that You have approved in writing in advance the form of any such use, such approval not to be unreasonably withheld. Upon such approval, You agree to allow Licensor to use Your name and logo solely as a reference, current customer or user of the Software in Licensor marketing materials.
EXCLUSION OF WARRANTIES
THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NULANA LTD OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NULANA LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION OF THIS AGREEMENT
Nulana LTD may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately destroy the Software or return all copies of the Software to Nulana LTD.
APPLICABLE LAWS.
Claims arising under this Agreement shall be governed by the laws of the Russian Federation, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. You may not export the Software in violation of applicable export laws and regulations. Licensor is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Licensor.