SOFTWARE LICENSE AGREEMENT
This Software License Agreement (hereinafter referred to as "Agreement") is a legal agreement between you, and LLC "SysDev Laboratories" (hereinafter referred to as "Owner") for the computer program CI Hex Viewer Version 2 including any enclosed documentation and/or accompanying items (hereinafter referred to as "Software").
TERMS AND CONDITIONS
The Software is copyrighted by Bogdan G. Shulga (the Author). The Owner is authorized to use, modify and sub-license the Software under agreements with the Author.
2. LICENSE GRANT
The software is licensed, not sold. The Owner only grants you a non-transferable, non-exclusive and limited right to install and use a copy of the Software as long as you comply with the terms and conditions of the particular Software License Agreement. All other rights remain reserved by the Owner.
2.a. Personal Anonymous License.
Personal Anonymous License grants you as an individual the right to install, use, and advertise the Software in accordance with the present Software License Agreement. According to the Personal Anonymous License you are allowed to use the Software on your personal computers, including laptop computers, running any of the supported operating systems for unlimited period of time.
2.b. Personal Registered License.
On condition that you have obtained the Software Registration Code from the Owner or an authorized affiliate, the Personal Registered License grants you as an individual the right to install, use, advertise and make a backup copy of the Software for archival purposes. Subject to the Personal Registered License you are allowed to use the Software on up to 2 (two) personal computers, including laptop computers, running one of the supported operating systems for unlimited period of time.
2.c. Corporate License.
On condition that you have obtained the Software Registration Code from the Owner or an authorized affiliate, the Corporate License grants you as a legal entity, company or organization the right to install, use, advertise and make a copy of the Software for backup purposes. According to the Corporate License you are allowed to install and use the Software simultaneously on up to 10 (ten) computers owned by you as a legal entity, company or organization and running one of the supported operating systems for unlimited period of time.
2.d. Business License.
On condition that you have obtained the Software Registration Code from the Owner or an authorized affiliate, the Business License grants you as a legal entity, company or organization the right to install, use, advertise and make a copy of the Software for backup purposes. The Business License permits you to use the Software for commercial purposes including the receipt of monetary gain from the Software use. Subject to the Business License you are allowed to install and use the Software simultaneously on up to 10 (ten) computers owned by you as a legal entity, company or organization and running one of the supported operating systems for unlimited period of time. You are not allowed to install the Software onto computers of your customers including laptop computers or any removable devices.
3. SOFTWARE REGISTRATION CODE
The Software Registration Code is a special sequence of symbols that along with the Software Registration Name or alone is used to identify a user as an authorized user of the Software and provide rights to use the Software in accordance to the particular Software License Agreement. The Software Registration Code allows the program to verify the validity of the Software license.
4. OPERATING SYSTEM PLATFORM
The Owner or the Author has the right to restrict the Software use to one of the supported Operating Systems and certain Hardware or Software platforms. Different operating system platforms may require purchase and installation of different Software Licenses. You should consult the information on the Web Site or contact the Owner for details on the operating system platform for your Software License.
The Owner reserves the right to update and alter the contents of the Software and its accompanying files, documentation, other Software elements and/or license terms, occasionally and at its own discretion without the consent of or any obligation to any authorized users or distributors. Unless this License terminates, you have the right to update your software copy free of charge within the frames of Software Update and Upgrade Policy.
6.1. GENERAL USE
Neither you, anyone at your direction, nor any third party, must take the following actions with regard to the Software or any part of it, circumvent technical restrictions, modify, change, decompile, recompile, disassemble, reverse engineer, adapt, create derivative works, translate or reproduce the Software or any part of it. In any case, you must notify the Owner about any information derived from reverse engineering or such activities and the results thereof will constitute the Owner’s confidential information which can be used only in connection with the Software. In case if you need interface information, you must consult the Owner.
6.2. COMMERCIAL USE
Unless explicitly stated in a particular Software License Agreement, any commercial (for-profit) use is prohibited. Under no circumstances must you, the end-user, be permitted, allowed or authorized to commercially exploit the Software or any part of it without a special permission. Neither you, anyone at your direction nor any third party must take the following actions with regard to the Software, or any portion thereof, sell, rent, lend, lease, commercially exploit or use the Software for any commercial (for-profit) purpose unless otherwise is stated in a particular Software License Agreement.
The Software remains the exclusive property of the Owner. In no way shall the user be entitled to distribute Software copies to any third party without special permission provided by the Owner under the Shareware Version Distribution License. At this, the terms and conditions of the present Software License Agreement remain binding. You must also take reasonable steps to prevent any third party from copying the software from one of your computers or removable devices.
The Owner grants you a non-transferable right to install and use the Software in compliance with the terms and conditions of the present Agreement. In no way shall the user be entitled to transfer your rights under this Software License to any third party. Neither the whole Software License nor any part of it shall be assigned or sub-licensed.
This license and your right to use the Software terminates automatically without any prior notice from the Owner if you violate any part of this Agreement. You can also terminate this license at any time at your own reasonable discretion. You are to destroy all copies of the Software immediately upon Software License termination. Upon termination, the Owner may also enforce any rights provided by applicable law.
10. NO WARRANTY
THE SOFTWARE IS PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES, OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT AND/OR ACCURACY OF INFORMATION, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES WITH RESPECT TO THE SOFTWARE ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. OWNER DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR MEET ANY REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES WHETHER ORAL OR WRITTEN. NO ONE BUT THE OWNER OR THE AUTHOR IS AUTHORISED TO MAKE MODIFICATIONS OR ADDITIONS TO THIS WARRANTY.
THE OWNER WILL NOT BE LIABLE AND WILL PROVIDE NO REMEDY ABOVE THE AMOUNT YOU PAID FOR THE SOFTWARE (IF ANY) FOR LOST DATA, LOST SAVINGS, LOST PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR ANY OTHER DAMAGES ARISING FROM NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, BREACH OF CONTACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.
You hereby agree to indemnify and hold harmless the Owner, his family, relatives, licensees, sub-licensees, distributors and lawyers against any and all damages, losses, claims, courses of action, lawsuits, liabilities, judgments and all expenses arising from, resulting to, or in connection with a breach of this Agreement by you and arising from, relating to, or in connection with your use or non-use of the Software.
13. RESTRICTED RIGHTS
The Software and any related documentation is provided with restricted and limited rights. Use, duplication and disclosure by the U.S. Government is subject to restrictions as set forth in the subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software Clause at 252.227-7013. If you are using this software outside the U.S. you agree to be bound by the applicable law in your country.
a. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or the right to enforce the provision.
15. ENTIRE AGREEMENT
This Agreement along with separate "Refund Policy" and "Upgrade Policy" documents constitute the entire Agreement between you, and the Owner and supersedes any prior written or oral agreement concerning the Software. The Owner is not bound by any action, statements, or any provisions made by anyone else. No modification or change in this Agreement shall be valid or binding upon the Owner, unless in writing.
16. APPLICABLE LAW.
This Agreement is governed by the laws of Ukraine. You agree to jurisdiction and venue in the courts located in Kyiv, Ukraine, for all claims, disputes and litigation arising under or related to this Agreement. The export of this product is governed by Ukrainian export regulations.