END-USER LICENSE AGREEMENT FOR OUR SOFTWARE
NOTICE: By installing, operating, copying, distributing, or otherwise using software,
you agree to the terms of this Software License Agreement. If you do not agree to
the terms of this Agreement, DO NOT INSTALL software.
License. Conditioned on your honoring the terms of this Agreement, Handy Software
Lab ("HSLAB") grants you a non-exclusive, non-transferable license (the "License")
to install and use the current version of HSLAB’s software product software, including
the accompanying user documentation and any later versions within the same major
release series (collectively, "software"), for your personal, lawful, non-infringing
use on up to three (3) personal computers or workstations in accordance with this
Agreement. A separate License for each personal computer, workstation or server after
the third or for which you do not personally use must be purchased.
Trial Period. The License extends for a single Trial Period of 30 days following your first installation of software to permit you to evaluate software. The License will terminate automatically at the end of the Trial Period unless you register your copy of software first. You may not use software for more than one Trial Period.
Long Term License. If you register your copy of software with HSLAB and pay the License
Fee, the License will remain in effect perpetually unless terminated as provided
below.
Trial Distribution.
You may provide copies of software to others for their trial use so long as you:
provide exact, unmodified copies of software in the form of the self-installing .exe
file or the ZIP file received from HSLAB, including all accompanying files, this
Agreement, and all copyright, trademark, proprietary, and other notices;
do not charge or collect any monetary or other compensation for or in connection
with software, apart from a modest reproduction or handling fee; and reference HSLAB as the sole source of software and reference the official software
website www.hs-lab.com.
Back-Up Copies. You may make up to two exact, unmodified copies of software solely
for your own back-up or archival use.
Prohibited Acts. You may not:
sublicense, sell, lease, permit use of, give, lend, distribute, release, provide
access to, or in any way transfer software or any copy or portion thereof, except
for Trial Distribution as permitted above;
use software to provide service bureau or time-sharing services to any other party;
make any copies of software except as permitted herein;
modify, enhance, or prepare derivative works based on software;
decompile, disassemble, reverse engineer, analyze, or otherwise attempt to discover
the source code of software;
use or incorporate software or any portion thereof in any other product without the
prior written permission of HSLAB; or
remove, alter, or obscure the copyright, trademark, proprietary, or other notices
from software or any of its screen displays.
Proprietary Rights. Title to, ownership of, and all copyrights and other intellectual
property rights in software and all copies thereof shall remain solely in Handy Software
Lab with HSLAB designated as owning exclusive rights to selling software. software
is protected by U.S. copyright and other intellectual property laws and by international
treaties. HSLAB reserves to itself all rights not expressly granted in this Agreement.
No Warranty. software and all related support and advice are provided "AS IS" and
without warranty of any kind. HSLAB disclaims all warranties, express or implied,
including but not limited to the implied warranties of merchantability and fitness
for a particular purpose.
Third Party Information. software searches, and provides information from, various
third party sources which are not practicable for HSLAB to verify. HSLAB makes no
warranty, and shall have no liability, with respect to the accuracy, completeness,
currency, usefulness, legality, non-infringement, or any other aspect of any third
party information, images, files, programs, or other items obtained by means of software.
Other Disclaimers. HSLAB does not warrant that software will meet your specific needs
or requirements, nor that software will retrieve all the information you would like
it to retrieve or believe it should retrieve, nor that the operation of software
will in all instances be uninterrupted or error-free. Because software is inherently
complex and may not be completely free of errors, and because third party information
has not been verified by HSLAB, you must verify all results before relying on them.
Exclusion of Damages. HSLAB shall not be liable for any direct, indirect, consequential,
special, incidental, or other damages, including but not limited to damages for lost
profits, interruption of business, lost or corrupted data or programs, system crashes,
or diversion of system or other resources, arising out of or relating to this Agreement
or the performance, quality, results, use of, or inability to use software or any
support, advice, products, or services which are or should have been provided to
you, even if HSLAB has been advised of the possibility of such damages.
Technical Protection. software may contain technical protections that restrict use
to certain equipment, to a single personal computer, workstation or server, or to
a certain time period, and may provide other restrictions, all of which shall be
consistent with the License. HSLAB shall not be liable for any damages incurred as
a result of such technical protections or the failure of software to operate outside
the scope of the License.
No Third Party Claims. HSLAB shall not be liable for any claim asserted against you
by any other party, including but not limited to claims for infringement of copyright
or other intellectual property rights.
Time to File Action. No action arising under or relating to this Agreement, to software,
or to any support, advice, products, or services which are or should have been provided
to you, may be filed more than one year after the cause of action accrues.
Applicability. Some jurisdictions do not permit the exclusion or limitation of implied
warranties or consequential damages, so some of the above exclusions or limitations
may not apply to you.
Termination for Breach. HSLAB may terminate the License with or without cause at
any time immediately and without notice if you materially breach any term of this
Agreement or infringe any of HSLAB’s rights in software.
Termination without Breach. HSLAB may terminate the License upon ten days written
notice if HSLAB believes that your use of software may infringe any third party rights.
If such termination occurs within 24 months of your first installation of software,
HSLAB will provide you a modified, non-infringing version of software and reinstate
the License.
Duties on Termination. Immediately upon termination of the License, you must stop
using software and destroy all copies of software within your possession, custody,
or control.
No Assignment. You may not assign, sublicense, or otherwise transfer the License
or any other rights arising under this Agreement. Any purported transfer in violation
of this paragraph shall be void
Enforcement Costs. You agree to reimburse HSLAB for all costs, including reasonable
attorney’s fees, incurred to enforce any of HSLAB’s rights under this Agreement or
in software or to defend any claims you assert unsuccessfully against HSLAB.
Severability. Any provision of this Agreement which is held to be unenforceable as
written shall be enforced to the fullest extent permissible and shall not affect
the validity of any other provision of this Agreement.
Governing Law and Forum. This Agreement shall be governed by and construed in accordance
with the laws of the Commonwealth of Ukraine. All disputes arising under this Agreement
or in connection with software shall be resolved in the state Ukraine, except that
actions for infringement of intellectual property rights may be brought in any court
of competent jurisdiction.
Entire Agreement. This document states the complete, final, and exclusive agreement concerning your possession, operation, copying, distribution, and other use of software and supersedes all earlier oral or written agreements, proposals, marketing materials, representations, promises, and other communications between you and HSLAB. The terms of this Agreement may only be amended, waived, or supplemented by a later writing signed by you and HSLAB.
SUPPORT and UPDATES. Software updates and technical support are provided for one year with the purchase of a software license and registration key. After that, updates and technical support may be renewed annually. You may renew before or after the expiration of your previous coverage. Regardless of when the renewal fee is paid, the coverage is extended for a year from the end of the previous year of coverage.
MARKETING
You agree to be identified as a customer of HSLAB and agree that HSLAB may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in HSLAB's marketing materials and web site. You hereby grant HSLAB a license to use your name and any of your trade names and trademarks solely in connection with the rights granted to HSLAB pursuant to this marketing section. If this clause breaches your company policy or you do not wish to be bound by this clause, HSLAB are happy to remove it upon request.
Additional Information. If you have questions or desire additional information about
software, HSLAB, or HSLAB’s software use or privacy policies, please contact HSLAB.
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