?? license_agreement.txt
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This License Agreement ("AGREEMENT") is a legal agreement
between you ("LICENSEE"), either an individual or a
legal entity including any legal successors, and MG-SOFT
Corporation ("MG-SOFT") for the software in this package
and associated media (the "LICENSED SOFTWARE").
By opening and/or installing this package containing the
LICENSED SOFTWARE, you agree to be bound by the terms of
this AGREEMENT, notwithstanding any other terms set forth
in any purchase order or other document.
1. Copyright information
The LICENSED SOFTWARE is owned and Copyright by MG-SOFT.
LICENSED SOFTWARE is protected by applicable copyright
laws and international treaties.
You are eligible to install at most one copy of the
LICENSED SOFTWARE per owned license on at most one
computer. Therefore, you must treat the LICENSED
SOFTWARE (including any accompanying documentation)
like any other copyright material (i.e., a book or
musical recording), except that you may make one
copy of the LICENSED SOFTWARE solely for the backup
or archival purposes and not for distribution to
any third party.
Any unauthorized distribution of the LICENSED SOFTWARE
(licensed or evaluation), whole or a part, with or
without license.key, without prior written consent from
MG-SOFT, is strictly prohibited and will subject the
distributing party to civil and/or criminal penalties.
As a part of the terms of this AGREEMENT, you agree to
promptly notify MG-SOFT of any violations of this
paragraph or any other paragraph of this AGREEMENT, or
any other infringement or breach of this AGREEMENT, by
you or any third party.
Without signing an appropriate license agreement with
MG-SOFT, the LICENSEE is not permitted to bundle the
LICENSED SOFTWARE (whole or a part, with or without
license.key file) with LICENSEE's products and ship
them to LICENSEE's customers or end-users.
MG-SOFT is a trademark of MG-Soft d.o.o., Maribor,
Slovenia. No right to this trademark or trade name is
granted by reason of the license expressed herein.
2. Term and License Types
This license is effective upon your opening of this
package, which shall be deemed acceptance of this
AGREEMENT, whether or not you actually install or
operate the LICENSED SOFTWARE.
2.a 30-DAY EVALUATION LICENSE
With the 30-DAY EVALUATION LICENSE, the AGREEMENT is
terminated in 30 days. After the termination, the
LICENSEE must purchase license for the LICENSED
SOFTWARE, or uninstall and destroy all copies of
the LICENSED SOFTWARE.
A LICENSEE is not permitted to use the LICENSED
SOFTWARE running in the evaluation mode for any kind
of commercial purposes like testing of other software
or equipment that the user is developing, SNMP
debugging, problem solving, stress testing, providing
support, training or similar purposes.
The LICENSED SOFTWARE running in the evaluation mode
without a valid license.key file may, at its startup,
send a SNMP trap notification to MG-SOFT's server.
Trap messages contain no sensitive information and
will be used for statistical purposes only by MG-SOFT.
2.b SINGLE USER LICENSE
With the SINGLE USER LICENSE, the LICENSEE can install
at most one copy of the LICENSED SOFTWARE to at most one
computer. To install the software on more computers, the
LICENSEE must obtain adequate number od additional SINGLE
USER LICENSEs, or a SITE LICENSE for the desired number
of computers.
2.c SITE LICENSE FOR <N> USERS
With the SITE LICENSE FOR <N> USERS, the LICENSEE can
install the LICENSED SOFTWARE to at most <N> computers
within offices at one geographical location (and to
mobile computers of users based at the same geographical
location). If the LICENSEE intends to put in use
license.key files to users at different geographical
locations, an adequate number of SINGLE USER LICENSEs
(or an adequate number of SITE LICENSEs, each SITE
LICENSE for the required number of users on the given
location) must be obtained prior to deployment.
2.d RENEWING or MIGRATING LICENSES
Renewed or migrated license does not give you an
additional license. Instead, it only replaces your
current license with a new license. After renewing
or migrating a license, your old license is legally
revoked and must not be used anymore; you are
permitted to use only the new license.
3. Limitation of liability
This is an AGREEMENT between software professionals or
merchants. MG-SOFT offers no warranty for the fitness of
the LICENSED SOFTWARE for any particular task, nor will
MG-SOFT be liable for any loss of profits, loss of data,
or any incidental or consequential damage caused by the
use or misuse of the LICENSED SOFTWARE. MG-SOFT further
disclaims all such consequential liability. If the
software media is defective, it should be returned to
MG-SOFT for repair or replacement within 10 days of
receipt, postage prepaid, otherwise MG-SOFT offers no
customer remedy with regard to the LICENSED SOFTWARE.
MG-SOFT OFFERS NO WARRANTY OF PERFORMANCE, EXPRESS OR
IMPLIED, WITH REGARD TO THE LICENSED SOFTWARE. MG-SOFT
FURTHER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH REGARD TO THE LICENSED SOFTWARE.
YOU MAY HAVE OTHER RIGHTS UNDER APPLICABLE LAWS OF YOUR
COUNTRY OR STATE. WHERE SUCH MANDATORY RULES APPLY, THIS
AGREEMENT IS DEEMED TO BE CONFORMED ONLY TO THE EXTENT
OF SUCH MANDATORY RULES. ALL OTHER PROVISIONS OF THIS
AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT TO
ACCOMPLISH THE PURPOSES SET FORTH HEREIN.
4. Updates and technical support
MG-SOFT will make Technical Support available to
registered owners of the LICENSED SOFTWARE.
MG-SOFT may, from time to time, revise or update the
LICENSED SOFTWARE. In doing so, MG-SOFT will furnish
such revision or updates to you only by means of
electronic delivery to an address designated by you
and only within one year from the date of the purchase.
Any such revision or update shall equally be deemed
subject to the terms of this license and shall not in
anyway be deemed an extension or modification of it,
and shall not be deemed consent to any varying terms.
5. Other restrictions
The LICENSEE may not remove any copyright marks, reverse
engineer, decompile or disassemble the LICENSED SOFTWARE
for any purpose whatsoever, nor may seek to imitate
the "look and feel" of the LICENSED SOFTWARE, or
incorporate any or all of its copyrighted elements for
any purpose whatsoever.
6. General
Except if otherwise specifically agreed to in writing
by MG-SOFT, this License is personal between the LICENSEE
and MG-SOFT. It is not transferable, and any attempt
by you to rent, lease, sublicense, assign or transfer
any of the rights, duties or obligations hereunder is
void. Any party who obtains a copy of this License,
whether or not authorized ("transferee") from
a LICENSEE ("transferor") shall equally be bound by
the terms of this License. MG-SOFT, however, waives
no rights it may have against such transferor or
transferee.
This AGREEMENT and the conduct of the parties hereto
shall be governed by the laws of the Republic of
Slovenia. By opening this package you consent to the
jurisdiction of the courts of the Republic of Slovenia
for final, binding resolution of any dispute arising
from this AGREEMENT, or any action by you, in contract,
or otherwise, in violation of the rights and obligations
set forth herein. Any judgment of such court shall be
entitled to be enforced in any court of appropriate
jurisdiction.
Notwithstanding the above disclaimers, in the event
that any third party makes a well-founded claim that
this program violates any patent or copyright, MG-SOFT,
at its option, request the return of LICENSED SOFTWARE
for modification and/or replacement. If none of these
alternatives is reasonably available, you agree to
return the program to MG-SOFT for a refund or credit,
at MG-SOFT抯 own discretion.
You agree to pay any taxes or duties by reason of your
purchase or use of this software that may arise in the
jurisdiction(s) in which it is used.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE
AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND
MG-SOFT, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT,
ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN
YOU AND MG-SOFT RELATED TO THE LICENSED SOFTWARE. THIS
AGREEMENT IS WRITTEN IN THE ENGLISH LANGUAGE ONLY. YOU
CONSENT TO SUCH EXCLUSIVE USE OF THE ENGLISH LANGUAGE.
NO PARTY MAY BRING A LEGAL ACTION UNDER THIS AGREEMENT
MORE THAN TWO YEARS AFTER THE CAUSE OF ACTION AROSE.
You agree to comply with any applicable export control
laws or restrictions.
You may terminate this AGREEMENT at any time by
uninstalling and destroying all copies of the LICENSED
SOFTWARE in your possession. If you do so, all your
rights to the license software will also terminate.
MG-SOFT may also terminate this AGREEMENT if you fail
to comply with all terms of this AGREEMENT. If MG-SOFT
terminates this AGREEMENT, all your licensed rights are
terminated, and you must uninstall and destroy all
copies of the LICENSED SOFTWARE in your possession.
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