License agreement

You must read this license agreement before using this software.

SOFTWARE LICENSE AGREEMENT IMPORTANT - READ CAREFULLY: BY INSTALLING OR USING THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. This End-User License Agreement ("Agreement") is a legal agreement between you, the end user ("Licensee") and the software distributor/manufacturer ("Distributor") for the Software product, which may include software components, media, printed materials or electronic documentation ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software. Similarly, use of the Software implies your acceptance to be bound by the terms and conditions of this license agreement. The Software is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties. The Software is licensed, not sold. The acceptance of the terms and conditions of this Agreement does not confer any rights of ownership over the Software belonging to the Distributor or its software suppliers. 1. Grant of License. The Distributor grants you the non-exclusive and non-transferable right to use the Software as follows: (a) Installation and use. The Distributor grants you the right to install and use the Software on 1 (one) PC computer. The Software may only be used on the Licensee's own computer. (b) Backup Copies. You may make copies of the Software for backup and archival purposes only. The backup copies must include all copyright information contained in the original. (c) Multi-users (if applicable). A valid license must be purchased for each person who will use the Software. If this software is to be installed on a network server, or more than one user can run the Software, you must purchase an additional license for each user or work station. Please contact the location where you purchased the Software and this license, or the Distributor, to obtain additional licenses. (d) Evaluation software (if applicable). If this Software is marked as evaluation or trial software, then this license to use the Software under the conditions set herein is granted to you for 15 (fifteen) days from the first time you run the Software. Registration gives you the right to use the software after the trial period and use features available only for registered users. (e) The software can only be used with supported measurement and protection devices. The supported units require activation by your distributor to work with the software. You will need to contact your distributor for details about the units supported by the software. 2. No granting of rights to third parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Software or any part thereof. 3. Maintenance of copyright notices. This program, as well as any corresponding documentation or information, is the exclusive property of Distributor/Manufacturer. All the native resources, restrictions and copyright notices shipped with the original product must be preserved and included with all copies of the Software. 4. Upgrades. Notwithstanding any other terms in this Agreement, if the Software is licensed as an upgrade or update, then you may only use the Software to replace the previous validly licensed versions of the same Software. You agree that the upgrade or update does not constitute the granting of a second license to the Software (i.e., you may not use the upgrade or update in addition to the Software it is replacing, nor may you transfer the replaced software to a third party). 5. Distribution. You may not distribute, rent, lease, loan or sublicense the Software in whole or in part, or transmit it over a network for use on more computers for which you have no valid License. 6. New versions of the Software. The Distributor, at its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Software. You acknowledge and agree that the Distributor has no obligation to make available to you any subsequent versions of the Software. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the Software. Furthermore, you acknowledge and agree that the Distributor, in its sole discretion, may modify or discontinue the software. The Distributor will not accept any liability in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of new versions of the Software and (2) by the suspension or termination of this Agreement by the Distributor and/or by you. 7. Technical Support. Subject to payment of the applicable license fee, the Distributor will provide you with technical support via email, free of charge, for a period of 30 days commencing on your payment of such license fee. You may obtain continued technical support for a specified period of time by paying the Distributor's applicable then-current fee for Technical Support Services, provided that such option is made available to you. All technical support is provided subject to the Distributor's then-current technical support policy, and includes such updates to the Software as the Distributor may make generally available thereunder from time to time is the Distributor's sole discretion. In the event you are eligible to receive such updates to the Software, the Distributor will notify you when such updates are available to you. All updates to the Software shall be governed by this Agreement unless other license terms are provided with the update. For more information on the technical support services available please contact the Distributor. 8. Prohibition on reverse engineering, decompilation, and disassembly. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software or any part thereof. 9. Limited warranty. If the Software has been provided on a CD-Rom disk or printed documentation ("physical media"), the Distributor warrants the physical media free from defects in materials and workmanship for a period of 90 days from the date of your purchase. Should defective physical media need to be substituted, you must submit them to the Distributor. In no case will there be a substitution without the previous return by the licensee of the original physical media. This limited warranty does not apply where the software was supplied via the Internet or the Software is an evaluation version. This warranty does not cover lost, stolen or accidentally damaged material, or material improperly used or modified without authorization or which is faulty due to causes attributable to third-parties other than the Distributor. Your remedy for breach of this warranty shall be limited to replacement or refund and shall not encompass any other damages. THE SOFTWARE IS PROVIDED AS IS, AND NO CLAIMS WILL BE ACCEPTED CONCERNING FAILURE TO FULFIL PRESUMED FUNCTIONS. THE DISTRIBUTOR AND THE SOFTWARE DEVELOPERS SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Distributor DOES NOT GUARANTEE THAT THE SOFTWARE IS ERROR FREE, NOR THAT IT WILL FUNCTION WITHOUT INTERRRUPTION. THE DISTRIBUTOR DOES NOT WARRANT THE SOFTWARE OTHER THAN AS EXPRESSLY STATED ABOVE, NOR DOES THE DISTRIBUTOR PROVIDE ANY WARRANTY AS TO THE OPERATION OF THE SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR APPLICATION, USE, OR PURPOSE. 10. LIMITATION OF LIABILITIES AND REMEDIES. IN NO EVENT WILL THE DISTRIBUTOR OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, THE PRODUCT OR ANY SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), OR FOR LOSS OF OR CORRUPTION OF DATA, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY, IRRESPECTIVE OF WHETHER THE DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF THE DISTRIBUTOROR ITS LICENSORS EXCEED THE PURCHASE PRICE PAID FOR THE SOFTWARE, LESS ALL APPLICABLE TAXES AND DUTIES. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of the Distributor shall be to the smallest extent permitted by law. 11. High Risk Environments. The Software has not been designed for and is not intended for use in hazardous environments requiring fail-safe (fault-tolerant) performance such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons or defence systems, life support systems or any other context in which the failure of any software could lead directly to death, personal injury or severe damage to property or the environment. The Distributor specifically disclaims any express or implicit guarantee of the Software's suitability for these types of activities. 12. Export Restrictions. You acknowledge and accept that the Software or any part thereof is subject to United States export control laws and hence the Licensee is bound to abide by such legislation and any other applicable international export regulations. You acknowledge and accept that the Software may not be exported or re-exported, either wholly or in part, to any country, person or organization subject to restrictions under United States export control laws or any other applicable international export regulations, unless the Licensee is in possession of the corresponding valid export licenses. The Licensee shall defend, indemnify and hold the Distributor harmless in the event of any claim resulting from your failure to comply with export regulation. 13. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between you and the Distributor with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. 14. Partial invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. 15. Assignment by the Distributor. The Distributor is allowed to at its sole discretion assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice. 16. Applicable law. This Agreement shall be governed by and construed in accordance with the laws of Spain without giving effect to the conflict of laws or provisions of Spain or your actual state or country of residence. Any legal proceedings arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the courts of the district of Barcelona (Spain). 17. Language. The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail. 18. Termination. You may terminate this license at any time by removing the Software from your computer and destroying the original Software and all copies. This license will automatically terminate if you breach any of the terms or conditions set out in this Agreement. You understand and accept that the Dissmay take legal proceedings should you not adhere to this Agreement. You agree to remove the Software from your computer, and either to destroy the original Software and all copies of the Software and documentation or to return them to the Distributor, upon termination of this license for any reason. 19. Miscellaneous. The Distributor expressly reserves all other rights it may have and that are not herein granted to the Licensee. If you have any questions concerning this Agreement, please contact the Disctributor. Copyright. All Rights Reserved.