End User License Agreement
This is a legal agreement (this "Agreement") between you ("Licensee") and Voxtron N.V., for itself and its affiliates ("VOXTRON"). By opening the sealed software package and/or downloading the software and/or by using the software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the software and all of its accompanying items to VOXTRON N.V., Hoogkamerstraat 304, B-9140 Temse, Belgium.
1. Grant of License. This VOXTRON License Agreement ("License") permits Licensee to use one (1) copy of the software package ("Software Package") enclosed with the License for its own internal purposes only. The Software Package includes software ("Software") and documentation. This non-exclusive License, without the right to sublicense, is to install and use the Software on any single computer that is running a validly licensed operating system. Neither concurrent use on two or more computers nor use in a local area network or other network (including but not limited to the Internet) is authorized without the advance written consent of Licensor and the payment of additional license fees. Subject to the foregoing, Licensee may not use the Software in a manner that allows other users than Licensee or Licensee's employees to use the Software. The primary user of the computer on which the Software is installed may install a second copy of the Software for his or her exclusive use on either a home or portable computer, but Licensee may only use one (1) copy at a time. If Licensee has multiple Licenses for the Software, then at any time, Licensee may have as many copies of the Software in use as Licensee has Licenses. You may not print copies of any user documentation provided in "online" or electronic form.
2. The Licensee accepts that by installing and/or by registering the software on Voxtron's web site and/or by using the software, Licensee has purchased the software from VOXTRON or an authorised distributor of VOXTRON. Licensee commits that upon simple request of VOXTRON, Licensee shall deliver proof of purchase and payment. Licensee's non-compliance with such request is a breach of this Agreement by Licensee. In case Licensee cannot deliver proof of purchase and payment, Licensee agrees to pay a penalty of 1% of the software recommended retail price per day the software has been used. Licensee further agrees to stop using the software immediately upon simple written request of VOXTRON. In case Licensee further agrees to stop using the software immediately upon simple written request of VOXTRON. In case Licensee does not stop using the Software after having received such request from Voxtron, the penalty is 2% per day of the software recommended retail price per day.
3. VOXTRON's Rights. Licensee acknowledges that the Software consists of proprietary, unpublished products of VOXTRON, protected under Belgian and International copyright laws, sui generis law, trade secret and trademark laws of general applicability. Licensee further acknowledges and agrees that all right, title and interest in and to the Software are and shall remain with VOXTRON. This Agreement does not convey to Licensee an interest in or to the Software, but only a limited right of use, revocable in accordance with the terms of this Agreement. Licensee acknowledges and agrees that for support reasons, VOXTRON may collect any data residing on the Licensee’s system that VOXTRON considers needed to provide such support.
4. Term. This License is effective upon Licensee's first use of the Software and shall continue until terminated. VOXTRON may terminate this Agreement upon breach by Licensee of any terms hereof. Upon such termination by VOXTRON, Licensee agrees to return the Software to VOXTRON.
5. Other Restrictions. This License is Licensee's proof of a non-exclusive license to exercise the rights granted herein and must be retained by Licensee. Licensee may not rent, lease, or otherwise commercialize the Software in any manner. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under law. Licensee may not reverse engineer,decompile, or disassemble the Software, except to the extent that the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon the Software in whole or in part.
6. NO WARRANTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, VOXTRON DOES NOT WARRANT THAT THE SOFTWARE WILL RUN WITHOUT INTERRUPTIONS NOR THAT IT WILL BE FREE FROM DEFECTS NOR THAT ALL DISCOVERED DEFECTS WILL BE CORRECTED. ALL SOFTWARE AND DOCUMENTATION ARE DELIVERED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. VOXTRON DOES NOT WARRANT ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME COUNTRIES OR STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE.
7. NO LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOXTRON OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF VOXTRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VOXTRON'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION SHALL APPLY REGARDLESS OF THE FAILURE OF ANY ESSENTIAL REMEDY. BECAUSE SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Remedies. If Licensee breaches this Agreement, Licensee shall promptly return the Software to VOXTRON. A breach by Licensee will irrevocably harm VOXTRON and VOXTRON shall be entitled to injunctive and/or other equitable relief, in addition to other remedies afforded by law.
9. Governing Law and Jurisdiction. This Agreement shall be exclusively governed by the laws of the country where the end-user has acquired the software. In case of a dispute, only a court of that country shall have jurisdiction.
10. Severability. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
11. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
12. Restricted Rights. If this Product is acquired by or for the U.S. Government, then it is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable, or any successor regulations. The contractor/manufacturer is VOXTRON N.V., Hoogkamerstraat 233,B-9140 Temse, Belgium.
13. General. This Agreement is the entire agreement between Licensee and Voxtron and supersedes any other communications or advertising with respect to the Software and documentation.
Should you have any questions concerning this Agreement, or if you desire to contact Voxtron for any other reason, please see our site on the world wide web at: http://www.voxtron.com
(c) Copyright 1999-2010 Voxtron N.V. All rights reserved. All product names referenced herein are trademarks or registered trademarks of their respective owners.