This is a Licensing Agreement between you, the end user of software, and GRISOFT, s.r.o. (hereinafter "GRISOFT"). Please read this document carefully!
In case you do not agree with the said terms and conditions, immediately stop using this software! You may get a refund of the licensing fee paid within 60 days from the date the product was purchased as long as you return all parts that were included in the product package and destroy all copies of the said version of the software and/or uninstall it.
1. Grant. GRISOFT, subject to the terms and conditions of this Licensing Agreement, hereby grants you a nonexclusive, nontransferable right and license during the term of this Agreement to use software by GRISOFT for as long as you abide by the provisions stipulated herein. The term of your license is based on the amount of the licensing fee paid based on the then-current price list of GRISOFT. The software may include functionality that will render it inoperational upon expiration of your license.
2. Copyright. The software specified in this Licensing Agreement is and will be the sole property of GRISOFT. It is subject to copyright and as such is protected to the fullest extent allowable by law.
3. Use Limitations. You may not use the software in any way which threatens or violates the owner's copyright. That includes making copies (with the exception of backup copies), reproducing, modifying, decompiling, reverse engineering, disassembling or making derivative products of the software or decoding it in any other way. All rights not expressly granted are reserved. Any copy of the software you are allowed to make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the software. You may not use the software in automatic, semi-automatic or manual tools designed to create virus signatures, virus detection routines, or any other data or code for detecting malicious code or data. Use of the software together with so-called "sigtools" is not permitted.
4. Transferability. This license is granted to you only and as such does not permit you to sell, lend, assign, lease or transfer in any other way any copy of the software. Any transfer in violation of this provision is not permitted and may cause your license to be terminated with no refund of the licensing fee paid.
5. Multiple License Installation. Each installation of the software purchased may be installed on only one computer. When purchasing a multiple license, the number of installations allowed is defined on the type of the license.
6. Limited Warranty. GRISOFT guarantees that the software will correspond in general terms to the description given in the user documentation for 60 days from the date the product was purchased. GRISOFT does not warrant that the software will operate without interruptions, detect all viruses or be bug-free. The warranty stated above is the only warranty given and replaces all other warranties, regardless of whether express or implied, including implied warranties of commercial aptitude and fitness for a specific purpose. In case you make a warranty claim within the 60-day warranty period, the liability of GRISOFT is limited to replacing the product or refunding you the licensing fee paid.
7. Money back guarantee. In case the software does not meet your requirements or does not suit you for any other reason, you may return it to GRISOFT within 60 days of the date of its purchase for a refund of the licensing fee- no questions asked. To be eligible to a refund, all copies of the software stored on your hard disk or otherwise archived must be destroyed, the software must be uninstalled, and the original package must be returned.. Terminating a license will cause the software to be blocked to prevent subsequent use.
8. Limitation of Liability. In no event shall GRISOFT neither GRISOFT's partner be liable for any consequential or special damages or lost profits, including, without limitation, consequential or special damages for work stoppage or loss of work product data caused by the use or inability to use this software, even if GRISOFT has been advised of the possibility or such damages or losses. By signing this Agreement, you agree that GRISOFT's liability for damages caused by the use or inability to use this software is governed by the Business Code of the Czech Republic. In case you suffer any damages for which GRISOFT is liable to compensate you or in cases where the jurisdiction of a specific country does not permit limiting liability as far as compensation for damages, the contracting parties have agreed that a conventional fine in the amount of the license fee paid for the software will be assessed by you. This fine is inclusive of any and all compensation for damages caused. The software is not designed for high-risk applications including situations where the failure of such software would threaten lives or cause extensive material damages. Such applications include operating parts of nuclear power plants, weapon systems, equipment designed for sustaining people's basic bodily functions, etc.
9. Responsibility for Software Updates. In order to ensure that the software functions properly, GRISOFT publishes updates to this software on its web pages. These updates improve the workings of the software, remove any bugs or keep current the virus definition files. The user is responsible for proper configuration of the software updating process to provide for the highest possible level of functional reliability.
10. Governing Law, Arbitration Clause. This Agreement shall be governed by the laws of the Czech Republic excluding conflicts of laws principles. All disputes arising under this Agreement or in connection therewith will be adjudicated by the Czech Republic Chamber of Commerce and Agrarian Chamber Arbitration Court in Prague by three arbiters appointed pursuant to the rules of the said court. Jurisdiction of general courts is excluded and all decisions are final. The contracting parties agree to comply with the decision of the arbitration court in the time specified.
