Fileaze distribution permissions and end-user license agreement
END USER LICENSE AGREEMENT
FOR RESOLWARE FILEAZE SOFTWARE PRODUCT
RESOLWARE, BT. LICENSES THIS SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT ("EULA"). READ THE TERMS OF THIS EULA CAREFULLY. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
NOTICE TO CUSTOMER
This EULA is a contract between you (either an individual or an entity) and Resolware, Bt. referred to as "Resolware", which governs your use of the Resolware software product that accompanies this EULA and related software components, which may include associated media, printed materials, and online or electronic documentation. This Resolware software product is designed for installation and use on a personal computer only.
In this EULA, the Fileaze Software, associated media, printed materials, online or electronic documentation and additional modules are collectively referred to as the "Software". "Trial Version" means a version of the Software that is to be used only to review, demonstrate and evaluate the Software for a limited time period. The Trial Version will cease operating normally after a predetermined amount of time due to an internal mechanism within the Trial Version.
You may install and use the Trial Version of this Software for a limited time period on any number of personal computers. After the trial period has expired you must either acquire a license for the Software by registering the Software or cease using the Software and remove it from your personal computer. The Software is licensed, not sold. Subject to the terms and limitations of this EULA, Resolware hereby grants you a nonexclusive, nontransferable license, without rights to sublicense, to (i) install and use the Software on a single computer; or (ii) install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. A license for the Software may not be shared, installed or used concurrently on different computers.
You may not copy the Software except for a reasonable number of machine-readable copies of the Software for backup or archival purposes and except as expressly permitted in the License section above. You may not share or use concurrently the Software. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Software. You are not granted any rights to any trademarks or service marks of Resolware. Resolware retains all rights not expressly granted to you.
PROPRIETARY RIGHTS RESERVED BY RESOLWARE
Resolware retains all right, title, and interest in and to the Software and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights.
You may not (i) sell, lease, license, sublicense, distribute or otherwise transfer in whole or in part the Software to another party; (ii) provide, disclose, divulge or make available to, or permit use of the Software in whole or in part by, any third party without Resolware’s prior written consent; or (iii) modify or create derivative works based upon the Software. Except to the extent expressly permitted by applicable law, and to the extent that Resolware is not permitted by that applicable law to exclude or limit the following rights, you may not decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part. Unless otherwise provided in this EULA, you must not (i) alter the contents of a hard drive or computer system to enable the use of the Trial Version of the Software for an aggregate period in excess of the trial period for one Trial Version; (ii) disclose the results of software performance benchmarks obtained using the Trial Version to any third party without Resolware`s prior written consent; or (iii) use the Trial Version of the Software for a purpose other than the sole purpose of determining whether to purchase a license of the Software; provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the Trial Version of the Software for any commercial training purpose.
Resolware may terminate this EULA if you fail to comply with any term of this EULA. In the event of termination, you must destroy all copies of the Software. In addition you must remove all copies of the Software from the personal computer(s) on which it is installed.
LIMITED SUPPORT AND WARRANTY
Resolware may provide limited web-based support services related to the Software for a period of thirty (30) days after the date of purchase. Upon expiration of such 30-day period, Resolware will not provide any support services under this EULA. Resolware warrants that the media, if any, on which the Software is delivered will be free of defects and that the Software will substantially conform to the description contained in the applicable end user documentation, in each case for a period of 90 days after the date of shipment of the Software. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RESOLWARE PROVIDES THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION WITH YOU, AND RESOLWARE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. RESOLWARE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RESOLWARE BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
RESOLWARE’S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU TO RESOLWARE FOR THE SOFTWARE LICENSED BY YOU UNDER THIS EULA.
THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER RESOLWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
This EULA is governed by the laws of Hungary, without regard to conflict of law principles. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes the terms of any purchase orders and any other communications or advertising with respect to the Software. If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect. This EULA may be modified only by written agreement signed by authorized representatives of you and Resolware.
If you have any questions about this EULA, or if you want to contact Resolware for any reason, please direct all correspondence to: Resolware, Bt., 3/d Böszörményi út, Budapest, 1126, Hungary or email firstname.lastname@example.org.
SOFTWARE DISTRIBUTION AGREEMENT FOR Resolware Fileaze SHAREWARE VERSION
This Software Distribution Agreement (referred to as "AGREEMENT") is a legal AGREEMENT between you, and Resolware (referred to as "AUTHOR") for distributing the computer software program entitled Fileaze Shareware Version (referred to as "SOFTWARE").
By copying or distributing this SOFTWARE, you agree to be bound by the terms and conditions of this AGREEMENT as well as those of the "End User Licence Agreement" found in the SOFTWARE itself.
AUTHOR shall be credited as the owner of the SOFTWARE in all distribution of the SOFTWARE. AUTHOR is the exclusive world-wide licenser of the SOFTWARE, and the copyrights and other proprietary rights therein. The SOFTWARE is intended solely for distribution as SHAREWARE; it is not public domain or free software or freeware.
You may copy and/or distribute the SOFTWARE only in its original, unaltered form, with all files included unmodified, and without making any additions, modifications or deletions. You may not modify the SOFTWARE or any of its files, and the SOFTWARE must be distributed as a complete package.
You recognise that your right to distribute the SOFTWARE is nonexclusive and that AUTHOR can terminate the license granted to you at any time for any reason upon notice. AUTHOR reserves the right to withhold or withdraw permission to distribute the SOFTWARE from anyone at any time for any reason.
AUTHOR reserves the right to update the contents of the SOFTWARE and its associated files, documentation and/or other elements, at its discretion from time to time, without the consent of, or any obligation to, any licensed users or distributors.
You will hold AUTHOR, family members, distributors, licensees, sub-licensees and lawyers harmless from and against any and all claims, actions, damages, losses, liabilities, costs and expenses arising directly or indirectly from your acts and omissions in copying and distributing the SOFTWARE.