Subject to the provisions contained herein, HUMUSOFT s.r.o. (hereinafter "HUMUSOFT") grants to you a non-exclusive, non transferable, perpetual license to use the object code version of HUMUSOFT product Orbisnap (the "Software") free of charge.
You may use the Software by any number of users on any number of systems or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
The Software may be distributed by any means, provided that the original files as supplied by HUMUSOFT remain intact and no charge is made other than for reasonable distribution costs.
The Software may not be distributed with any commercial product without prior written permission from HUMUSOFT.
2. PROVIDED "AS IS".
HUMUSOFT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. THIS SOFTWARE IS PROVIDED FREE OF CHARGE AND, ACCORDINGLY, HUMUSOFT SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE.
You may not:
1. modify, translate, decompile, disassemble, reverse engineer or create derivative works based on the Software (except to the extent applicable laws specifically prohibit such restriction);
2. copy the Software other than as specified above;
3. publish or provide any results of benchmark tests run on the Software to a third party without prior written consent from HUMUSOFT;
4. rent, lease, grant a security interest in, or otherwise transfer rights to the Software.
Title and ownership of all proprietary rights in the Software, including any copyright, patent, trade secret, trademark, trade name or other intellectual property right, will at all times remain the property of
HUMUSOFT or its licensors and suppliers. You agree not to remove or obliterate any copyright, trademark or proprietary rights notices of HUMUSOFT or its licensors from the Software.
Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This license gives you no rights to such content.
5. COMMERCIAL RELEASE.
HUMUSOFT reserves the right at any time to release or not to release a commercial release of the Software and, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release.
6. LIMITATION OF LIABILITY.
HUMUSOFT AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR
1. INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EVEN IF HUMUSOFT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR
2. FOR ANY CLAIM BY ANY OTHER PARTY. BECAUSE SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
This License will terminate automatically if you fail to comply with the conditions described above. On termination, you must cease to use the Software and destroy all copies of the Software.
The obligations of you and HUMUSOFT under Sections 2 ("Provided 'As Is'"), 4 ("Title"), 6 ("Limitation of Liability"), 7 ("Termination") and 8 ("General Provisions") hereof will survive termination of this Agreement and will continue in full force and effect thereafter.
8. GENERAL PROVISIONS.
This Agreement constitutes the entire agreement between you and HUMUSOFT and supersedes any prior agreement, whether oral or written, relating to the subject matter of this Agreement.
The section headings in this Agreement are solely for convenience and will not be considered in its interpretation.
HUMUSOFT and the HUMUSOFT logo are registered trademarks of HUMUSOFT s.r.o.
Thank you for using Orbisnap.