END USER LICENSE AGREEMENT
NOTICE TO USER:
THIS IS AN AGREEMENT GOVERNING YOUR USE OF 3STEPICON SOFTWARE, FURTHER DEFINED HEREIN AS 'PRODUCT', AND THE LICENSOR OF THE PRODUCT IS WILLING TO PROVIDE YOU WITH ACCESS TO THE PRODUCT ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BELOW, YOU ARE ASKED TO ACCEPT THIS AGREEMENT AND CONTINUE TO INSTALL OR, IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, TO DECLINE THIS AGREEMENT, IN WHICH CASE YOU WILL NOT BE ABLE TO INSTALL OR OPERATE THE PRODUCT. BY INSTALLING THIS PRODUCT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Electronic End User License Agreement (the 'Agreement') is a legal agreement between you (either an individual or an entity), the 'Licensee', and Cezar Popescu (the 'Licensor'), regarding the Licensor's software and service titled 3StepIcon owned by the Licensor and/or its respective affiliates and licensors. You are subject to the terms and conditions of this End User License Agreement whether you access or obtain the Product directly from the Licensor, or through any other source. For purposes hereof, 'you' or 'Licensee' means the individual person installing or using the Product on his or her own behalf; or, if the Product is being downloaded or installed on behalf of an organization, such as an employer, 'you' or 'Licensee' means the organization for which the Product is downloaded or installed and it is represented hereby that such organization has authorized the person accepting this agreement to do so on its behalf. For purposes hereof the term 'organization', without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.
By accessing, storing, loading, installing, executing, displaying, copying the Product into the memory of a Client Device, as defined below, or otherwise benefiting from using the functionality of the Product ('Operating'), you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, the Licensor is unwilling to license the Product to you. In such event, you may not Operate or use the Product in any way and, if applicable, you may return the Product to the place of purchase for a full refund.
A COPY OF THIS EULA CAN BE FOUND IN THE INSTALLATION DIRECTORY UNDER THE NAME 'EULA.txt' SHOULD YOU WISH TO CONSULT IT IN THE FUTURE.
BEFORE YOU PUT A CHECKMARK AT THE 'I ACCEPT THE AGREEMENT' BUTTON AND PRESS 'NEXT', PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS SUCH ACTIONS ARE A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE 'I ACCEPT THE AGREMENT' AND 'NEXT' BUTTONS, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE 'CANCEL' BUTTON AND THE PRODUCT WILL NOT BE INSTALLED ON YOUR CLIENT DEVICE, AS SUCH TERM IS DEFINED BELOW.
1. Proprietary Rights and Non-Disclosure.
1.1. Ownership Rights. You agree that the Product and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Product, are proprietary intellectual properties and/or the valuable trade secrets of the Licensor and/or its respective affiliates, suppliers and licensors and are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of Romania, other countries and international treaties. You may use Licensor's trademarks only insofar as to identify printed output produced by the Product in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. The Licensor and/or its respective affiliates, suppliers and licensors own and retain all right, title, and interest in and to the Product, including without limitations any error corrections, enhancements, Updates or other modifications to the Software, whether made by Licensor or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Product does not transfer to you any title to the intellectual property in the Product, and you will not acquire any rights to the Product except as expressly set forth in this Agreement. All copies of the Product made hereunder must contain the same proprietary notices that appear on and in the Product. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Product and you acknowledge that the license granted under this Agreement provides you only with a right of limited use under the terms and conditions of this Agreement.
1.2. Source Code. You acknowledge that the source code for the Product is proprietary to the Licensor and constitutes trade secrets of the Licensor. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Product in any way. Notwithstanding the foregoing, nothing in this Agreement shall be construed as giving you any access, right or entitlement to the Product's source code.
1.3. Serial Number and Confidential Information. You agree that, unless otherwise specifically provided herein or agreed by the Licensor in writing, the Product, including the specific design and structure of individual programs and the Product, including without limitation the Serial Number provided to you by the Licensor and/or its authorized resellers or distributors, constitute confidential proprietary information of the Licensor. For purposes hereof, 'Serial Number' shall mean a unique sequence of digit and/or symbols provided to you by the Licensor confirming the purchase of the license from the Licensor and enabling the full functionality of the Product in accordance with the license granted under this Agreement. You agree not to transfer, copy, disclose, test, provide or otherwise make available such confidential information in any form and via any means, electronic or non-electronic, to any third party without the prior written consent of the Licensor. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the Serial Number provided to you by the Licensor and/or its authorized resellers or distributors.
1.4. No Modification. You agree not to modify or alter the Product in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Product.
2. Grant of License.
2.1. License. The Licensor grants you the following rights ('License') and you hereby agree and accept such License:
a). Lite Version. If you have received, downloaded and/or installed an unregistered lite version of the Product (the 'Lite Version') and are hereby granted an evaluation license for the Software with such limited and/or abridged functionality as Licensor may, at its sole discretion, deem necessary or appropriate, and you may Operate the Product only (i) to the extent such functionalities made available by Licensor, (ii) for evaluation purposes, and (iii) only during the single applicable evaluation period, if any, granted to you by the Licensor. Any use of the Product for other purposes or beyond the applicable evaluation period is strictly prohibited, provided however that, subject to the restrictions contained herein, you may copy and distribute a lite version of the Software without any modifications whatsoever to any third party subject to this Agreement. The Lite Version may be freely distributed in its original format, with exceptions noted below, provided that the distribution package is unmodified. No person or company may charge a fee for the distribution of the Lite Version without written permission from the Licensor. The Lite Version may not be bundled or distributed with any other package without the express written permission of the Licensor.
b). Grant of License. Upon purchase of the Product (online or otherwise as provided by Licensor), Licensee is granted a non-exclusive and non-transferable license to install and Operate one (1) copy of the specified version of the Product by one user account in the operating system ('User') during the term of this Agreement or subscription term, if applicable, subject to the payment of the applicable fees and Licensee's compliance with the terms hereof, on one computer, workstation, personal digital assistant, 'smart phone', mobile phones, hand-held devices, or other electronic devices for which the Software was designed (each a 'Client Device'). The Licensor reserves all rights not expressly granted herein.
c). Multiple Environment Product; Multiple Language Product; Dual Media Product; Multiple Copies; Bundles. If the Product supports multiple platforms or languages, if you receive the Product on multiple media, if you otherwise receive multiple copies of the Product, or if you received the Product bundled with other software, the total number of Users that may Operate all versions of the Product may not exceed the number of licenses you have obtained from the Licensor. Except as otherwise specifically provided herein, you may not rent, lease, sublicense, lend or transfer any versions or copies of the Product you do not use.
d). Updates. During the Term of this Agreement, as defined below, you may download Updates to the Product when and as the Licensor publishes them on its website or through other online services. Whether an Update is a free Update or a fee is charged for a particular Update is determined by Licensor in it sole discretion provided that Licensee is under no obligation to install and/or Operate any Updates. If the Product or any part thereof is an Update to a previous version of the Product, you must possess a valid license to such previous version in order to use the Update.
e). Back-up Copies. You can make one (1) copy of the Product for backup and archival purposes, provided, however, that the original and each copy is kept in your possession or control, and that your installation and use of the Product does not exceed that which is allowed in this Section 2.
f). Prohibitions. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, assign or transfer the licensed program, or any subset of the licensed program, except as provided for in this Agreement. Any such unauthorized use shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution. Neither Product's binary code nor source may be used or reverse engineered to re-create the program algorithm, which is proprietary, without written permission of the Licensor. All rights not expressly granted here are reserved by Licensor.
g). Serial Number. You may not give away, sell or otherwise transfer your registration Serial Number or any copy thereof to a third party. Serial Number may not be distributed, except as provided herein, outside of the area of legal control of the person or persons who purchased the original License, without written permission of the Licensor. Doing so constitutes an infringement of Licensor's copyright. Licensor retains the right of claims for compensation in respect of damage which occurred by your giving away the Serial Number or registration code contained therein. This claim shall also extend to all costs which Licensor incurs in defending itself.
h). Acceptance of Licensing Terms. Installing and Operating the Product signifies acceptance of these terms and conditions of the License. If you do not agree with the terms of the license you must remove all 3StepIcon software files from your storage devices, including any back-up or archival copy, and cease to Operate the Product.
i). Term and Termination. The term of this Agreement ('Term') shall begin when you download or install the Product or pay the applicable license fees (whichever is earlier) and shall continue unless otherwise terminated pursuant hereto for the term specified in your order. The Licensor may terminate this Agreement by offering you a superseding agreement for the Product or any replacement or modified version of or an upgrade or a new release of the Product and conditioning your continued use of the Product or such replacement, modified or upgraded version or new release on your acceptance of such superseding agreement. This Agreement may be also terminated by the Licensor immediately and without notice if you fail to comply with any of your covenants, obligations or conditions of this Agreement. Without prejudice to any other rights, this Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must immediately cease use of the Product and destroy all copies of the Product.
j). No Rights Upon Termination. Upon termination of this Agreement you will no longer be authorized to Operate or use the Product in any way.
k). Material Terms and Conditions. You specifically agree that each of the terms and conditions of this Section 2 are material and that failure of you to comply with these terms and conditions shall constitute sufficient cause for Licensor to immediately terminate this Agreement and the License granted under this Agreement. The presence of this Section 2.1(m) shall not be relevant in determining the materiality of any other provision or breach of this Agreement by either party hereto.
3. Restrictions.
3.1. No Transfer of Rights. Under no circumstances you shall sell, loan, rent, lease, license, sublicense, publish, display, distribute, assign or otherwise transfer to a third party the Product, any copy thereof, in whole or in part, without Licensor's prior written consent. You may not permit third parties to benefit from the use or functionality of the Product via a timesharing, service bureau or other arrangement, except to the extent such use is specified in the application price list, purchase order or product packaging for the Product. You may not reverse engineer, decompile, disassemble or otherwise reduce any party of the Product to human readable form nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Notwithstanding the foregoing sentence, decompiling the Software is permitted to the extent the laws of your jurisdiction give you the right to do so to obtain information necessary to render the Software interoperable with other software; provided, however, that you must first request such information from the Licensor and the Licensor may, in its discretion, either provide such information to you (subject to confidentiality terms) or impose reasonable conditions, including a reasonable fee, on such use of the Software to ensure that the Licensor's and its affiliates' proprietary rights in the Software are protected. You may not modify, or create derivative works based upon the Product in whole or in part.
3.2. Proprietary Notices and Copies. You may not remove any proprietary notices or labels on the Product. You may not copy the Product except as expressly permitted in Section 2 above.
3.3. Compliance with Law. You agree that in Operating the Product and in using any report or information derived as a result of Operating this Product, you will comply with all applicable international, national, state, regional and local laws and regulations, including, without limitation, privacy, copyright, export control and obscenity law.
3.4. Additional Protection Measures. Solely for the purpose of preventing unlicensed use of the Product, the Software, during the installation or an online activation, may install on your Client Device technological measures that are designed to prevent unlicensed use, and the Licensor may use this technology to confirm that you have a licensed copy of the Product. The update of these technological measures may occur through the installation of the Updates. The Updates will not install on unlicensed copies of the Product. If you are not using a properly licensed copy of the Product, you are not allowed to install the Updates. The Licensor will not collect any personally identifiable information from your Client Device during this process of installing such technological measures but the activation of the Software may require you to enter such personally identifiable information and the collection and use of such information is governed by the Licensor's Privacy Policy, as updated from time to time, as found at http://dayonesoftware.com/privacy-policy.html
4. WARRANTIES AND DISCLAIMERS.
4.1. Limited Warranty. The Licensor warrants that for thirty (30) days from the earlier of i) original purchase of the media (e.g. CDs) on which the Product is contained, or ii) the date the Serial Number is provided to you by Licensor, the Product will be free from defects in materials and workmanship and that the Software will perform substantially in accordance with the Documentation or generally conform to the Product's specifications published by the Licensor. Non-substantial variations of performance from the Documentation do not establish a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO LITE AND EVALUATION VERSIONS, UPDATES, PRE-RELEASE, TRYOUT, PRODUCT SAMPLER, OR NOT FOR RESALE (NFR) COPIES OF PRODUCT. To make a warranty claim, you must return the Product to the location where you obtained it along with proof of purchase within such thirty (30) day period of the license fee you paid for the Product. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
4.2. Customer Remedies. The Licensor and its suppliers' entire liability and your exclusive remedy for any breach of the foregoing warranty shall be at the Licensor's option: (i) return of the purchase price paid for the license, if any, (ii) replacement of the defective media in which the Product is contained, or (iii) correction of the defects, 'bugs' or errors within reasonable period of time. You must return the defective media to the Licensor at your expense with a copy of your receipt. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period.
4.3. NO OTHER WARRANTIES. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE PRODUCT IS PROVIDED 'AS-IS' WITHOUT ANY WARRANTY WHATSOEVER AND THE LICENSOR MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, REGARDING OR RELATING TO THE PRODUCT OR CONTENT THEREIN OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO YOU PURSUANT TO THIS AGREEMENT OR OTHERWISE. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. THE LICENSOR MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE OR BUGS, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE.