License agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE
DOWNLOADING OR USING THE SOFTWARE. BY CLICKING ON THE
"ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT,
OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE
CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT
ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE,
RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND,
OR DO NOT DOWNLOAD THE PRODUCT.
GENERAL
In this Software License Agreement:
(i) "Auron" means Auron Software B.V.
(ii) "Customer" means the individual(s), organization or business entity
buying a license of the Software from Auron or its Distributors
or its Resellers.
(iii) "Software" means computer programs (and their storage medium)
supplied by Auron and known collectively as "SMS Component"
in which Auron has property rights and any user manuals,
operating instructions, brochures and all other documentation relating
to the said computer programs (the expression "Software" to include all
or any part or any combination of Software).
1. LICENSE GRANT
Auron grants Customer the following rights provided that you
comply with all terms and conditions of this License Agreement:
(a) Installation and use. Customer may install, use, access, display and
run one copy of the Software on a single computer, such as a
workstation, terminal or other device ("Workstation Computer"). A
"License Pack" allows you to install, use, access, display and run
additional copies of the Software up to the number of "Licensed Copies"
specified above.
(b) Reservation of Rights. Auron reserves all rights not
expressly granted to you in this License Agreement.
2. UPGRADES AND SUPPLEMENTS
To use a product identified as an upgrade, you must first be licensed
for the Software as eligible for the upgrade. After upgrading, Customer
may no longer use the product that formed the basis for Customer's
upgrade eligibility.
This License Agreement applies to updates or supplements to the original
Software provided by Auron, unless we provide other terms along
with the update or supplement.
3. LIMITATION ON REVERSE ENGINEERING,DECOMPILATION, AND DISASSEMBLY
Customer may not reverse engineer, decompile, or disassemble the
Software, except and only to the extent that it is expressly permitted
by applicable law notwithstanding this limitation.
4. TERMINATION
Without prejudice to any other rights, Auron may cancel this
License Agreement if Customer does not abide by the terms and conditions
of this License Agreement, in which case you must destroy all copies of
the Software and all of its component parts.
5. NOT FOR RESALE SOFTWARE
Software identified as "Not for Resale" or "NFR," may not be resold,
transferred or used for any purpose other than demonstration, test or
evaluation.
6. LIMITED WARRANTY
Auron warrants that for a period of ninety (90) days from the
date of shipment from Auron: (i) the media on which the Software
is furnished will be free of defects in materials and workmanship under
normal use; and (ii) the Software substantially conforms to its
published specifications. Except for the foregoing, the Software is
provided AS IS. This limited warranty extends only to Customer as the
original licensee. Customer's exclusive remedy and the entire liability
of Auron and its suppliers under this limited warranty will be,
at Auron or its service center's option, repair, replacement, or
refund of the Software if reported (or, upon request, returned) to the
party supplying the Software to Customer. In no event does Auron
warrant that the Software is error free or that Customer will be able to
operate the Software without problems or interruptions.
This warranty does not apply if the software (a) has been altered,
except by Auron, (b) has not been installed, operated, repaired,
or maintained in accordance with instructions supplied by Auron,
(c) has been subjected to abnormal physical or electrical stress,
misuse, negligence, or accident, or (d) is used in ultrahazardous
activities.
7. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason
whatsoever (including, without limitation, all damages referenced above
and all direct or general damages), the entire liability of Auron
and any of its suppliers under any provision of this License Agreement
and your exclusive remedy for all of the foregoing (except for any
remedy of repair or replacement elected by Auron with respect to
any breach of the Limited Warranty) shall be limited to the greater of
the amount actually paid by you for the Software or U.S.$5.00. The
foregoing limitations, exclusions and disclaimers (including Sections 4,
5 and 6 above) shall apply to the maximum extent permitted by applicable
law, even if any remedy fails its essential purpose.
8. ENTIRE AGREEMENT
This License Agreement (including any addendum or amendment to this
License Agreements which is included with the Software) are the entire
agreement between you and Auron relating to the Software and the
support services (if any) and they supersede all prior or
contemporaneous oral or written communications, proposals and
representations with respect to the Software or any other subject matter
covered by this License Agreement. To the extent the terms of any
Auron policies or programs for support services conflict with the
terms of this License Agreement, the terms of this License Agreement
shall control.
This Agreement shall be construed in accordance with the laws of The
Netherlands and the Dutch courts shall have sole jurisdiction in any
dispute relating to these conditions. If any part of these conditions
shall be or become invalid or unenforceable in any way and to any extent
by any existing or future rule of law, order, statute or regulation
applicable thereto, then the same shall to the extent of such invalidity
or enforceability be deemed to have been deleted from the conditions
which shall remain in full force and effect as regards all other
provisions.
9. Copyright
The Software is protected by copyright and other intellectual property
laws and treaties. Auron or its suppliers own the title,
copyright, and other intellectual property rights in the Software. The
Software is licensed, not sold.
