IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT DOWNLOAD OR INSTALL THE SOFTWARE, YOU SHOULD NOT USE THE SOFTWARE, AND IF YOU ALREADY DOWNLOADED OR INSTALLED THE SOFTWARE YOU SHOULD REMOVE THE SOFTWARE FROM YOUR SYSTEM AND DESTROY ALL COPIES.
Upon your acceptance of this License Agreement (the "Agreement"), Ekobit grants to you a non-exclusive and non-transferable license to use the Software, provided that you agree to the following:
"Vendor" means Ekobit d.o.o., a Croatian company with its principal offices located at Koturaska 69, Zagreb, 10000, Croatia, Europe.
"You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this Agreement. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
"Software" means the binary code of TeamCompanion with its documentation.
3. GRANT OF LICENSE
The Software is the property of Vendor or its suppliers. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Vendor and its suppliers.
The Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in the Software are the valuable and confidential trade secrets of Vendor and its suppliers and are protected by intellectual property laws and treaties. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws.
Your acceptance of this Agreement gives You certain obligations and limited rights to use the Software as set forth in this Agreement.
(i) save and use the number of copies of the Software for which the corresponding fee has been paid;
(ii) make one copy of the Software for archival purposes;
(iii) use the Software on different computers, provided the user on all computers is the same, except as restricted in points vii and viii below.
You may not:
(iv) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any portions of the Software, to anyone without the prior written Vendors consent;
(v) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
(vi) install the Software on, or run the Software from a network server;
(vii) run the same copy of the Software concurrently on different computers;
(viii) access or use a different copy of the Software over a network.
For exceptions or modifications to this Agreement, please contact Vendor.
4. RESTRICTED USE DURING EVALUATION PERIOD
You have a nonexclusive, nontransferable license to load and execute the unregistered copy of Software for a period of ninety (90) days. (the "Evaluation Period")
The Vendor represents and warrants that:
(i) The Vendor has all rights, authorizations or licenses to provide the Software to You;
(ii) The Vendor will use its best efforts to prevent the Software from being infected with any "worms", "viruses", "Trojan horses" or other programs or programming devices that might be used to modify, delete, damage, deactivate or disable the software, computer hardware or data of You;
(iii) the Software does not include any open source code as defined by the Open Source Foundation nor operate in such a way that it is compiled with or linked to open source code, without Your prior review and approval of the applicable license agreement.
6. LIMITATION ON AND EXCLUSION OF DAMAGES
YOU CAN RECOVER FROM THE VENDOR ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL OR ANY OTHER DAMAGES.
This limitation applies to claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if repair, replacement or a refund for the software does not fully compensate You for any losses; or the Vendor knew or should have known about the possibility of the damages.
EXCEPT AS OTHERWISE DEFINED HEREIN, THE VENDOR EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PRODUCT. THE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH YOU
8. NO LIABILITIES
To the maximum extent permitted by applicable law, in no event shall the Vendor be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software or the provision of or failure to provide Support Services, even if the Vendor has been advised of the possibility of such damages.
If You fail to comply with the terms and conditions of this Agreement, Vendor may terminate this Agreement and Your right and license to use the Software. You may terminate this Agreement at any time by notifying Vendor. Upon the termination of this Agreement, You must delete the Software from Your computer and archives.
YOU AGREE THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, VENDOR MAY TAKE ACTIONS SO THAT THE SOFTWARE NO LONGER OPERATES.
You agree to be identified as a customer of Vendor and You agree that Vendor may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in Vendors marketing materials and web site. You hereby grant Vendor a license to use Your name and any of Your trade names and trademarks solely in connection with the rights granted to Vendors pursuant to this marketing section.
Vendor reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
You agree to abide by the third-party agreements attached hereto. This Agreement, including the third-party agreements, constitutes the entire agreement between the parties concerning Your use of the Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to the Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both You and Vendor.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.
This Agreement will be governed by the laws of Croatia, without reference to conflict of laws principles. You agree that any litigation relating to this Agreement may only be brought in, and shall be subject to the jurisdiction of, any Court of Croatia.
Titles are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Vendor or You may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and assigns.
For exceptions or modifications to this Agreement, please contact Ekobit at:
Address: Koturaska 69, Zagreb, 10000, Croatia, Europe