|
Sigma-X End User License Agreement IMPORTANT: CAREFULLY READ THIS LICENSE AGREEMENT ("LICENSE") BEFORE USING THIS PRODUCT. · YOUR INSTALLATION, COPYING, OR USE OF THIS PRODUCT INDICATES YOUR ACCEPTANCE OF THIS LICENSE, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS. · IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, THEN: (A) DO NOT COPY, INSTALL, OR USE THIS PRODUCT, AND (B) IF YOU RETURN THE COMPLETE PRODUCT TO SIGMA-X IMMEDIATELY, YOU CAN RECEIVE A FULL REFUND.
A. LICENSE Sigma-X (also referred to as "we" or "us") hereby grants you a license to use the Product (as defined below) in accordance with all of the terms and conditions of this License.
The "Product" consists of: (1) all materials with which this License is packaged by Sigma-X, which may include, but are not limited to, computer program(s), software, and code; images; photographs; templates; symbols; texts; accompanying printed materials; and "online" or electronic documentation, and (2) any supplemental software code and supporting materials which may be provided to you as part of support services provided or authorized by Sigma-X for the Product.
B. YOU MAY: 1. install and use one copy of the Product on a single computer. You may also make a second copy of the Product, and install and use it on a home or portable computer used exclusively by you. 2. [If you purchased multiple licenses or a network license]: install the Product on more than one computer, or install the Product on a network server so that multiple computers can access it. The Product may be installed on a network server only where the number of computers with access to the Product via that server does not exceed the number of computers specified in your purchase receipt for the network license. For example, if your purchase receipt specifies a network license (or multiple licenses) for 10 computers, the Product may be installed: (a) on a network server where it will be accessible by no more than 10 different computers connected to the network served by that server, or (b) on up to 10 individual PC's, or (c) or on some combination of both (a) and (b), provided that the total number of PC's with access to the software does not exceed 10. 3. make one copy of the Product for archive or backup purposes. You may also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Product is installed or run from the storage device.
C. YOU MAY NOT: 1. install, use, distribute, or copy the Product except as expressly permitted in this License. 2. translate, reverse engineer, decompile, or disassemble the Product, except to the extent, if any, that such activities are clearly and expressly permitted by applicable law despite such restrictions. 3. rent, lease, or assign the Product. 4. modify the Product, merge the Product as part of any other product or collection of products, or create derivative works derived from the Product, without the prior written consent of Sigma-X Ltd. 5. transfer the Product or your rights under this License to someone else. 6. permit others to perform any of activities (1) - (5) immediately above.
In addition, in no event do we authorise you or anyone else to use the Product in applications or systems where the Product's failure to perform can reasonably be expected to result in significant physical injury, property damage, or loss of life, including but not limited to use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems. The Product is not fault-tolerant and is not designed, manufactured or intended for any such use. Any such use is entirely at your own risk, and you agree to hold Sigma-X Ltd., and its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries and parent organizations, harmless from any and all claims or losses relating to such unauthorized use.
D. TERM: Your rights regarding the Product under this License shall remain in effect only as long as you are in full compliance with the terms and conditions of this License, and shall terminate automatically if you fail to comply with any such terms or conditions. You agree, upon termination, to destroy all copies of the Product received, made or used by you in connection with this License. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
E. OWNERSHIP All patents, copyrights, trademarks, trade secrets and other ownership rights in the Product are and shall remain in Sigma-X Ltd. or third parties with which Sigma-X Ltd. has licensing arrangements. The source code of the Product and all information regarding the design, structure or internal operation of the Product are valuable trade secrets of Sigma-X Ltd. or third parties with which Sigma-X Ltd. has licensing arrangements ("Confidential Information"), provided however, that "Confidential Information" shall not include information which otherwise would be Confidential Information to the extent that such information was publicly known prior to the time you received it, or became known to you through no violation of any of your, or others', confidentiality obligations to any other party regarding the Product. To the extent, if any, to which you may learn any Confidential Information, you shall not sell, transfer, publish, disclose, display, or otherwise permit access by any third party to, the Confidential Information.
You shall ensure that any copies of the Product that you make or have made pursuant to this License bear all copyright and other proprietary notices contained in or affixed to the copy or copies of the Product as created and packaged by us. All rights of any kind in the Product which are not expressly granted in this License are entirely and exclusively reserved to and by Sigma-X Ltd.
F. PRODUCT IDENTIFICATION NUMBER This License has a unique serial number. Publishing of this serial number will be deemed a material breach of this License.
G. LIMITATION OF WARRANTIES AND LIABILITY: LIMITED WARRANTY AND DISCLAIMER OF WARRANTY ALL MATERIALS PROVIDED BY Sigma-X Ltd., INCLUDING BUT NOT LIMITED TO THE PRODUCT, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, Sigma-X Ltd. DOES NOT WARRANT THAT ANY SUCH MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF SUCH MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH MATERIALS IS ASSUMED BY YOU. IF ANY SUCH MATERIALS ARE DEFECTIVE YOU, AND NOT Sigma-X Ltd. OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE RISK OF SUCH DEFECT(S), AND THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
WITHOUT LIMITING THE ABOVE, THERE IS NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MADE BY Sigma-X Ltd., ON ANY MATERIALS PROVIDED BY Sigma-X Ltd., INCLUDING BUT NOT LIMITED TO THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Sigma-X Ltd., ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. NEITHER Sigma-X Ltd., ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF ANY MATERIALS PROVIDED BY Sigma-X Ltd., INCLUDING BUT NOT LIMITED TO THIS PRODUCT, SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH MATERIALS, EVEN IF Sigma-X Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
H. GENERAL: This License is the entire agreement between you and us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of Ireland. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in Ireland and you consent to such jurisdiction and venue.
|