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PREFACE Description The PW ADVIES is engaged in creating and processing digital media software. All files contained within the Installer Package provided by PW ADVIES Inc., available for licensing by the Company, are licensed for commercial and/or educational purposes and not sold to the User by PW ADVIES Incorporated. Default Install Location Software by PW ADVIES Incorporated Windows platform: Windows Vista/7/8 END USER LICENSE AGREEMENT (EULA) READ CAREFULLY: This Software License Agreement ('Agreement') Installer Package, including computer software and associated documentation named Startup View hereinafter referred to as ('Software'), is the Agreement which governs the use of the Software by PW ADVIES Incorporated and its subsidiaries hereinafter referred to as the (“Company '). By downloading, installing, copying, or otherwise using the Software, You hereinafter referred to as the (User) agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install the Software. 1. COPYRIGHT The Software by PW ADVIES Incorporated is protected by Universal DMCA NOTICE laws and international treaties, as well as other intellectual property laws and treaties. The Software by PW ADVIES Incorporated is not sold, and instead is only licensed for your use, strictly in accordance with this Agreement. This Agreement sets forth the terms and conditions of the Software by PW ADVIES only. 2. USE OF SOFTWARE FILES a) User may not distribute the Company’s software files either in original or modified formats. b) User shall not resell, rent, lease, assign, sublicense or share any software files licensed to it by Company. c) User shall not share, release, or in any other way disclose access codes, passwords, or other information used in or for the dissemination of software files licensed by Company. d) User agrees to exercise due diligence and maintain safeguards on all software files licensed to it by Company. e) User shall notify Company immediately of any unauthorized distribution of Company’s licensed material. f) User agrees that all information it provides to Company in obtaining the license to use said software files is complete and not misleading in any material respect. 3. WARRANTIES The Company hereby warrants that it has the legal right to license all software files it makes available to the general public. This warranty is a condition upon the use of said software files within the parameters contained within this license agreement. This warranty is made in lieu of all other warranties or guarantees of any kind, expressed or implied. No other promise or affirmation of fact not contained in this paragraph shall be deemed to constitute a warranty by the Company or give rise to any liability or obligation of the Company. Company expressly disclaims any and all other warranties of any kind whether express or implied not fully described herein. 4. LIMITATIONS a) No Separation of Components The Software is licensed as a single product. Except as authorized in this Agreement, Software component parts of the Software may not be separated for use on more than One computer, nor otherwise used separately from the other parts. b) No Rental User may not rent or lease the Software to someone else. This Agreement will automatically terminate if User fails to comply with any of the terms and conditions herein. In such event, User must destroy all copies of the Software by PW ADVIES Incorporated and all of its component parts. 5. SUPPORT SERVICES Support Services. Company will use reasonable efforts to provide User with maintenance and support for the Software in accordance with its standard practices (as amended from time to time, Support Services). The current support policy is provided at: http://www.startup-view.com./contact. The Company shall have no obligation to support any version other than the then current and immediate prior version of the Licensed Products. 6. INDEMNIFICATION User hereby agrees to indemnify, save and hold harmless and defend the Company against any and all claims, demands, lawsuits, liabilities and all expenses incurred in the defense of the same, including attorney's fees which are the result of any matter arising from the breach of this licensing agreement by the User or use of the licensed materials. In no event shall Company be liable for any special, indirect or consequential damages suffered by User which arise out of or are related to the subject matter of this licensing agreement, including any/all use of software files provided by the Company. 7. INJUNCTIVE RELIEVE User agrees that in the event of misuse of licensed software files under this agreement, the Company shall be entitled to immediate injunctive relief without the requirement of posting bond. User agrees that by the nature of the licensing of materials mentioned herein irreparable injury to the Company or its software file libraries could be caused by improper use and that such injury may not be adequately compensated under normal damages. 8. ENTIRE AGREEMENT Company and User agree that this instrument constitutes the entire agreement between the parties and cannot be modified except by written instrument signed by the parties hereto. 9. APPLICABLE LAW This agreement shall be governed by and interpreted in accordance with the laws of the Netherlands. Both parties hereby agree that any action by either party to enforce any of the terms or conditions of this agreement shall be brought in the Netherlands. Company and User agree that the prevailing party in such action shall be entitled to receive, in addition to any other relief, which might be granted by the court having jurisdiction over the action, reasonable attorney’s fees and costs. Revision Date: July 5, 2014 Рейтинг: Назад Наверх
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