END USER LICENCE AGREEMENT VALAREA SOFTWARE
WARNING. BEFORE PROCEEDING PLEASE READ THE TERMS OF THIS LICENCE AGREEMENT CAREFULLY. ALL INTELLECTUAL PROPERTY RIGHTS SUBSISTING IN THE ENCLOSED SOFTWARE, INCLUDING ANY DOCUMENTATION, AND AUTHORISED COPIES ARE OWNED BY RE MAGO LTD. IT IS UNLAWFUL TO LOAD THE SOFTWARE INTO A COMPUTER WITHOUT OUR LICENCE. WE ARE WILLING TO LICENSE THE SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS LICENCE AGREEMENT. IF YOU DON’T WANT TO ACCEPT OUR CONDITIONS YOU COULDN’T USE THE SOFTWARE. IF YOU BUY THE SOFTWARE ON LINE WITH CREDIT/DEBIT CARTD PAYMENT AND YOU DON’T ACCEPT OUR CONDITIONS, YOU ARE NON ENTITLED TO ANY REFUNDS.
1.1 This Licence Agreement contains the terms on which we permit you to use the Software.
1.2 You only have the right to use the Software if the Software has been licensed to you by us or by our authorised distributor or if you have received a valid assignment from someone else (a “Former Owner”).
1.3 If you do not have a right to use the Software as set out above, you must not use it, or attempt to assign or grant any licence to anyone else. If you attempt to do so, you will be breaking the law and you may be subject to criminal proceedings.
1.4 If you received the Software from a Former Owner, you cannot obtain any greater rights to use the Software than they themselves had. If you fail to obtain the rights you expected, your remedy will be to issue proceedings against the Former Owner. For example, if the Former Owner did not hold a valid licence you will obtain no rights to use the Software from him or her.
1.5 The Licensed Software may contain technology that limit the installation or use of one or more computers. This License is non-exclusive and non-transferable. This License does not grant any rights to obtaining future upgrades, updates or supplements of the Software except as expressly specified in the offer to purchase. When you obtain upgrades, updates or supplements of the Software, its use is governed by this Agreement and by any amendments thereto, unless the improvements, upgrades or supplements are accompanied by other terms and conditions that, if so, will apply.
1.6 Any bug fix activities and deploy updates will be due on line through an update system, software pre-settle or downloaded with remote control to which you give us the authorization to installation with the acceptance of the terms and conditions of this agreement, through a USB support updates.
1.7 You agrees and declares to be aware that:
a) The proper functioning of the software can be bound to the renewal of annual subscription maintenance service (12 months from the date of original purchase).
b) The proper functioning of the software is guaranteed for 12 months through the distribution of free updates. After this period the company or the former Owner will not be held more responsible for any bugs or malfunctions that can be resolved by purchasing update or new major release for a fee.
1.7 Nothing in this EULA shall give to the User or any other person any right to access or use the Source Code or constitute any licence of the Source Code.
1.8 Your licence is non-exclusive and does not permit you to sub-license.
2. PERMITTED USE
2.1 You may copy the Software for backup, archival and other security purposes and make up to two copies of the documentation (if any) accompanying the Software provided that you keep the original and each copy in your possession, that your installation and use of the Software falls within the permitted use set out in this Licence Agreement and that all copyright notices and any other proprietary notices found on the original are reproduced on any such copies or partial copies.
3. RESTRICTIONS ON USE
You may not, nor permit others to:
3.1 rent, lease, sub-license, assign, transfer or distribute the licence or the Software except as permitted by this Licence Agreement;
3.2 create derivative works based upon the Software or any part of it or remove, obscure or vary any proprietary notices on or in the Software;
3.3 translate, disassemble, decompile, reverse engineer, modify or otherwise tamper with the Software;
3.4 make copies of the Software, in whole or part, except for back-up purposes as permitted in this Licence Agreement or adapt, modify, translate or delete the documentation (if any) accompanying the Software or copy the documentation except as provided by this Licence Agreement.
4.1 You undertake to ensure that any third party is made aware of the terms of this Licence Agreement before using the Software.
4.2 You undertake to hold all data (including object and source codes), drawings, specifications, software listings and all other information relating to the Software, confidential and not at any time disclose the same, during this licence or after its expiry or whether directly or indirectly, to any third party without our consent.
5. INTELLECTUAL PROPERTY AND OWNERSHIP
5.1 We shall retain ownership of the Software at all times.
5.2 Re Mago Ltd owns the copyright, trademark, trade names, patents and other intellectual property rights subsisting in or used in connection with the Software, including all documentation (if any) and all other copies which you are authorised to make by this Licence Agreement.
5.3 It’s allowed (a) copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single medium, provided the original is kept solely for backup or archive. You may not copy the product manual or other materials accompanying the Software, except for own use.
5.4 Re Mago Ltd may use third party software. Notwithstanding the clauses mentioned above, the use of third party materials included in the Software may be subject to other forecasts. Official copyright information of third-party software, specific license conditions of these codes and algorithms can be found at http://www.remago.com Here, with the acceptance of this agreement, the customer accepts the terms and conditions relating to such software third party.
6.1 We shall not be liable under the warranties given in clause 9.1 if the Medium or the Software fails to conform to the said warranty because of any corruption, abuse or incorrect use of the Medium or Software (including use of the Software with equipment or other software which is incompatible) or because of any variation, modification or addition to the Software not performed by us.
6.2 Re Mago Ltd cannot guarantee, and does not guarantee that the operation of the Software will be error free. The Company provides, directly or through third parties, free support in modality best effort through web site pages and FAQ.
6.5 To the maximum extent permitted by applicable law, Re Mago Ltd and its suppliers provide the Software AS IS WITHOUT GUARANTEE, and hereby disclaim all other warranties and conditions, whether express, implied or by law, including, without limitation but not limited to, any implied warranties, duties or conditions of merchantability, fitness for a particular purpose, reliability or availability, accuracy or completeness of responses, results, lack of viruses, and diligence relating to the software, and the provision or failure to provide support or other services, information, software, and related content through the software or otherwise arising from the use of the software. It’s excluded any warranty under this license, in the event that the software is added or at least part of other software applications developed by third parties.
7. LINKS TO THIRD PARTY SITES
7.1 Re Mago Ltd is not responsible for the content of any site or third-party services, any links they contain or any changes or updates to the sites or services of third parties. Re Mago Ltd is providing these links and access to the sites and services of third parties only as a convenience, and the inclusion of any link or access does not imply endorsement of the sites or third-party services by the Owner.
8. THIRD PARTY RIGHTS:
8.1 Third parties (who are not parties to this Agreement) may not, under applicable legislation, relying upon or seek to enforce any provision of this Agreement. This is without prejudice to any rights or remedies due to third party pursuant to the applicable regulations.
9.1 We do not warrant that this Software will meet your requirements or that its operation will be uninterrupted or error free. We exclude and expressly disclaim all express and implied warranties or conditions not stated in this Licence Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law. This Licence Agreement does not affect your statutory rights.
10.1 Nothing in this Licence Agreement shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
10.2 Our entire liability to you in respect of any claim whatsoever or breach of this Licence Agreement, whether or not arising out of negligence, shall be limited to the amount you paid for the Software.
10.3 In no event shall we be liable to you for any damages, including loss of business, loss of opportunity, loss of data, loss of profits or for any other indirect or consequential loss or damage whatsoever arising out of the use of or inability to use the Software, even if we have been made aware of the possibility of such damages. In particular, we accept no liability for any programs or data made or stored with the Software nor for the costs of recovering or replacing such programs or data.
11.1 This Licence Agreement will terminate automatically if you breach of any of its terms or if you destroy the Software and any copies or return the Software to your supplier or us voluntarily.
11.2 Upon termination all rights you have to use and assign the Software will cease and you must destroy or delete all copies of the Software from all storage media in your control.
If any provision of this Licence Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Licence Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
13. ENTIRE AGREEMENT
This Licence Agreement contains the entire Agreement between us relating to the subject matter and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to the subject matter.
If you assign this licence you are advised to give the licence certificate to the assignee and to give them evidence that you are a valid assignor. Once you have assigned this licence, you no longer have a right to use the Software and you should destroy any copies you have of the Software (or give them to the assignee) as you will be in breach of copyright by using them or loading them.
15. DATA PROCESSING:
15.1 The software licensed may contain tools for cataloguing and electronic storage of statistical data on the use of the software mode.
15.2 These data will be used exclusively for the management and statistics. In any case, personal data may be processed for commercial purposes, promotional, advertising, telemarketing activities, business information broadcasts, sending of advertising material, market research. The customer with the signing of this contract without the express consent of the future revocation notice, authorize the use of personal data for marketing purposes
16. GOVERNING LAW AND JURISDICTION
16.1 This agreement shall be governed by and construed in accordance with the law of England and Wales.
16.2 Any dispute arising under this Agreement shall be referred for resolution to the exclusive jurisdiction of the Courts of London. The dispute shall compulsorily be preceded, with the effect of preclusion, from a negotiation by lawyers and experts conducted by the parties.