Nicolas Stark Computing AB (Lavasoft) - Software License Agreement
Please read the terms and conditions of this license agreement (the "License") before installing the computer software (the "Software"). By installing the Software you accept and agree to the terms of this License. This License constitutes the entire agreement concerning the Software between you and Nicolas Stark Computing AB and it supersedes any prior proposal or representation.
The term "Software" includes, and these terms and conditions also apply to, any updates modifications, upgrades to the Software that you may receive from time to time.
1. License Grant. This License permits you to use one copy of the Software solely for your internal, non-commercial, operations.The enclosed documentation ("Documentation") may not be copied. You agree that you will not sublicense, assign, transfer, pledge, lease, rent or share your rights under this License except with prior written permission from Nicolas Stark Computing AB. You agree that you will not modify, adapt, disassemble, decompile, reverse engineer, translate or otherwise attempt to discover the source code of the Software.
2. Nicolas Stark Computing AB's Rights. You acknowledge and agree that the Software and Documentation (the "Licensed Products") are proprietary products of Nicolas Stark Computing AB under international copyright law and disclosed to you by Nicolas Stark Computing AB in confidence. You shall take all reasonable steps to safeguard the Licensed Products. Nicolas Stark Computing AB owns and will retain all copyright, trademark, trade secret and other proprietary rights in and to the Licensed Products. This License conveys to you only a non-exclusive and limited right of use, revocable in accordance with the terms and conditions of this License. In the event that you fail to comply with any terms and/or conditions hereof, this License shall terminate automatically and Nicolas Stark Computing AB shall be entitled to all remedies in accordance with applicable law.
3. Limited Warranty. Nicolas Stark Computing AB warrants that for your benefit alone, for ninety (90) days from the day of delivery to you (the "Warranty Period") the Software media, under normal use in a compatible execution environment, will be free from defects in material and workmanship. Any replacement program will be warranted for the remainder of the original warranty period or thirty (30) days from the date of receipt by you, whichever is longer. In no event may you bring any claim, action or proceeding arising out of the warranty set forth in this Article 4 more than six (6) months after the date on which the breach of warranty occurred.
4. Exceptions to Warranties; Disclaimers. Except for the above express limited warranty, Nicolas Stark Computing AB disclaims any and all other warranties, express or implied, including any implied warranties of merchantability or fitness for particular purpose. Nicolas Stark Computing AB does not warrant that the Software, its use, operation or your ability to use the Software will be uninterrupted or error-free or that all Software errors will be corrected. The warranty set forth above shall not apply to any defect or problems caused by any defect in any hardware or software used in combination with the Software, or use of the Software in execution environments not specified in the Documentation. Nicolas Stark Computing AB does not warrant that the Software or service will meet your requirements or that the operation of the Software will be uninterrupted or error free.
Nicolas Stark Computing AB limited warranty is void if a breach of the warranty has resulted from (i) accident, corruption or misuse of the Software; or (ii) acts or omissions by someone other than Nicolas Stark Computing AB.
5. Limitations of Liability. In no event shall Nicolas Stark Computing AB be liable for any damages to you or any other party whether arising out of contract or from tort including loss of data, profits or business or other special, incidental, exemplary or consequential damages, even if Nicolas Stark Computing AB has been advised of the possibility of such loss or damages. Nicolas Stark Computing AB cumulative liability shall not exceed the license fee paid, if any, for use of this Software and Documentation. This section shall survive termination of this License.
6. General. This agreement shall be governed by the laws of Sweden.
7. Contact. Use of the Software other than for your internal, non-commercial, operations requires that you have entered into a separate license agreement with Nicolas Stark Computing AB. Please e-mail contact@lavasoft.de for further information.
