End User License Agreement
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE ACCEPTING, AND/OR BEFORE DOWNLOADING OR INSTALLING OR USING THE SOFTWARE. THIS END USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (ACTING AS AN INDIVIDUAL OR, IF APPLICABLE, ON BEHALF OF THE INDIVIDUAL OR LEGAL ENTITY ON WHOSE COMPUTER OR DEVICE THE SOFTWARE IS OR WILL BE INSTALLED OR USED) AND INTEMODINO GROUP, S.R.O. ("INTEMODINO GROUP"), A COMPANY FORMED AND EXISTING UNDER THE LAWS OF THE CZECH REPUBLIC. BY DOWNLOADING, INSTALLING AND USING THE SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SOFTWARE AND/OR RESULTS THEREOF AND DELETE OR DESTROY ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION.
"Software" means the proprietary Intemodino Group software programs and applications (in object code format only) licensed to You in connection with this Agreement, together with any update or upgrade thereto, when and if made available to You by Intemodino Group.
"Free Software" means Software provided to You without charge.
"Documentation" means the standard end-user technical documentation, specifications, materials and other information Intemodino Group supplies with the Software.
2. Grant of License.
Intemodino Group grants You a limited, non-exclusive, personal, non-sublicensable, non-transferable and fully revocable license to install and use the Software and the Documentation in the manner described in this Agreement.
3. Use of Software.
3.1 The Software is licensed to You solely for Your own internal use.
You shall not, and shall not permit any third party to:
(i) use the Software and Documentation other than as permitted in Section 2; (ii) except as expressly authorized by law, copy, change, modify, adapt, alter, decompile, translate, transform, create a derivative work of, reverse engineer, reverse assemble, extract the Software or any portion of the Software or otherwise modify the Software or attempt to discover any source code of the Software; (iii) license, sublicense, lease, rent, loan, resell, transfer or redistribute the Software to any third party; (iv) reproduce, duplicate, display, translate into any language or computer language, transmit, publish, post on any network, broadcast in any media, or exploit for any commercial purposes the Software or any portion thereof unless expressly permitted in written by Intemodino Group; (v) remove, alter or obscure any proprietary notices on the Software and/or the applicable documentation therefore; (vi) use the Software for the benefit of third parties.
Unauthorized copying of the Software in whole or in part is expressly forbidden.
The Software may only be installed on computers and devices the software is developed for.
If You wish to install the Software on additional computers or devices, additional licenses must be purchased. Upon loading the Software into Your computer or device, you may make a copy of the Software for backup purposes only.
You may not use the Software in any jurisdiction where its use would be restricted or prohibited by law.
3.2 Third-Party Software is subject to separate terms and conditions included with, or contained in the setup installation segments of such Third-Party Software. The license restrictions contained in this Agreement do not apply to Third-Party Software. Intemodino Group shall not be responsible for any Third Party Software.
4. Intellectual Property Rights.
The Software and Documentation are the intellectual property of Intemodino Group and are protected by applicable copyright laws, trade marks and laws protecting intellectual property.
The Software is licensed and not sold to You, and any and all intellectual property rights ("Intellectual Property") associated with the Software and Documentation are the sole property of Intemodino Group and no ownership rights are granted herein.
Except as stated in this Agreement, your possession, installation and use of the Software does not grant You any rights or title to any intellectual property rights in the Software or Documentation. All rights to the Software and Documentation, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights, are reserved by Intemodino Group.
This Agreement gives you only a limited right of use and is revocable in accordance with the terms and conditions of this Agreement.
This Agreement is effective upon your acceptance of these terms and conditions, and/or upon downloading or installing or using the software, and shall continue until terminated. This Agreement shall terminate automatically if You fail to comply with this Agreement and/or any other applicable Terms and Conditions. Intemodino Group reserves the right to suspend and/or terminate the License Agreement without prior notice upon any violation by You of any of the provisions of this Agreement. Upon the termination of this Agreement, You must discontinue all use of the Software, promptly destroy any and all copies of the Software, and/or results thereof and/or Documentation, and, upon request by Intemodino Group, certify in writing to Intemodino Group that such destruction has taken place.
You may also terminate this Agreement at any time by destroying all copies of the Software, and certifying as such to Intemodino Group. In the event of any termination, You shall not be entitled to any refund of the purchase price or any other amounts paid under any circumstances whatsoever.
6. Disclaimer Of Warranties.
INTEMODINO GROUP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SOFTWARE, THE DOCUMENTATION AND THE RESULTS TO BE OBTAINED FROM USING THE SOFTWARE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE AND THE DOCUMENTATION IS AT YOUR SOLE RISK AND THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OR TECHNICAL SUPPORT OF ANY KIND FROM INTEMODINO GROUP. THE ENTIRE RISK ARISING OUT OF THE ACCESS, RECEPTION, DOWLOAD, SYNC, USE OR POSSESION OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, INTEMODINO GROUP MAKES NO, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL, REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND THE DOCUMENTATION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS.
INTEMODINO GROUP DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE AND THE DOCUMENTATION WILL MEET ALL OF YOUR REQUIREMENTS, ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SOFTWARE AND THE DOCUMENTATION WILL BE ACCURATE, COMPLETE OR CURRENT OR RELIABLE, AND YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IF YOU USE ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SOFTWARE FOR ANY PURPOSE THE RESPONSIBILITY OF THAT USE IS ENTIRELY WITH YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTEMODINO GROUP OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
INTEMODINO GROUP DOES NOT REPRESENT OR WARRANT TO YOU THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SOFTWARE WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTEMODINO GROUP OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUE, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION OR DATA, OR OTHER PECUNIARY LOSS, GOODWILL, USE, DATA, COVER, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF INTEMODINO GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE PROVIDED HEREUNDER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF INTEMODINO GROUP EXCEED THE LESSER OF FIVE U.S. DOLLARS ($5.00) OR THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE.
8. Export Regulations.
You agree and accept that the Software may be subject to import and export laws of any country, including those of the European Union and the United States (specifically the Export Administration Regulations (EAR)). If you transfer or export the Software, which in all cases must be done in accordance with this Agreement, you agree to and acknowledge that you are exclusively responsible for complying with all applicable export and import laws and regulations, including but not limited to all United States and European Union trade sanctions and export regulations.
The Software does noy collect any personal data when you use it.
This Agreement, Software and accompanying Documentation were originally prepared in the Czech language. Although Intemodino Group may provide one or more translations for your convenience, Intemodino Group makes no representations or commitments regarding the accuracy or completeness of these translations. Any discrepancies or differences created in the translation are not binding and have no legal effect. If any questions arise related to the accuracy of the information contained in any translated text, please refer to the Czech version. If there is a conflict of terms between Czech and the other language, the Czech version shall control.
11. Governing Law.
This Agreement shall be governed by the laws of the Czech Republic excluding conflicts of laws principles.