YOU MUST CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE
PRODUCT. THE PRODUCT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY
SYSSURGE AS, TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO
NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE
SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
GRANT OF LICENSE
SysSurge AS (the "Licensor") grants to you this personal, limited,
non-exclusive, non-transferable, non-assignable license solely to use in a
single copy of the Licensed Works on a single computer and solely provided that
you adhere to all of the terms and conditions of this Agreement. The foregoing
is an express limited use license and not an assignment, sale, or other transfer
of the Licensed Works or any Intellectual Property Rights of Licensor.
LIMITED TRIAL OFFER
This product includes a time-limited trial offer of the product, which shall
begin upon your acceptance of the terms and conditions of this offer and shall
continue until the earlier of the expiration date specified in your offer or 1
month from the date of offer. After the trial period expires, the product will
stop functioning until a license is purchased.
ASSENT
By continuing the installation of this software, you agree that this Agreement
is a legally binding and valid contract, agree to abide by the intellectual
property laws and all of the terms and conditions of this Agreement, and
further agree to take all necessary steps to ensure that the terms and
conditions of this Agreement are not violated by any person or entity under
your control or in your service.
OWNERSHIP OF SOFTWARE
The Licensor own certain rights that may exist from time to time in this or any
other jurisdiction, whether foreign or domestic, under patent law, copyright
law, publicity rights law, moral rights law, trade secret law, trademark law,
unfair competition law or other similar protections, regardless of whether or
not such rights or protections are registered or perfected (the "Intellectual
Property Rights"), in the computer software and hardware, together with any
related documentation (including design, systems and user) and other materials
for use in connection with such computer software in this package (collectively
, the "Licensed Works"). ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE
LICENSED WORKS ARE AND SHALL REMAIN IN LICENSOR.
PRODUCT REGISTRATION, ACTIVATION, DEACTIVATION, AND VALIDATION
The Licensee's use of the Software is governed by product activation & validation technology that
limits the number of installations and total number of computers on which the
Software is installed. This product activation & validation technology may not be
circumvented or otherwise disabled in any way. Product registration will
require the Licensee to purchase the product online, thus the Licensee must be connected to the
Internet to be able to purchase the software. After product registration, the product activation & validation
technology will periodically connect to the Internet where available to assert the validity of the product.
The Licensor retain the right to automatically deactivate a product should online product validation fail.
RESTRICTIONS
(a) You are expressly prohibited from copying, modifying, merging, selling,
leasing, redistributing, assigning, or transferring in any matter, Licensed
Works or any portion thereof.
(b) You may take a single copy of materials within the package or otherwise
related to Licensed Works only as required for backup purposes.
(c) You are also expressly prohibited from reverse engineering, decompiling,
translating, disassembling, deciphering, decrypting, or otherwise
attempting to discover the source code of the Licensed Works as the
Licensed Works contain proprietary material of Licensor. You may not
otherwise modify, alter, adapt, port, or merge the Licensed Works.
(d) You may not remove, alter, deface, overprint or otherwise obscure Licensor
patent, trademark, service mark or copyright notices.
(e) You agree that the Licensed Works will not be shipped, transferred or
exported into any other country, or used in any manner prohibited by any
government agency or any export laws, restrictions or regulations.
(f) You may not publish or distribute in any form of electronic or printed
communication the materials within or otherwise related to Licensed Works,
including but not limited to the object code, documentation, help files,
examples, and benchmarks.
TERM
This Agreement is effective until terminated. You may terminate this Agreement
at any time by uninstalling the Licensed Works and destroying all copies of the
Licensed Works. Upon any termination, you agree to uninstall the Licensed
Works and destroy all copies of the Licensed Works, any accompanying
documentation, and all other associated materials.
GOVERNING LAW
This License Agreement shall be governed by the laws of the Oslo and by the
laws of the Norway, excluding their conflicts of law principles. The United
Nations Convention on Contracts for the International Sale of Goods (1980) is
hereby excluded in its entirety from application to this License Agreement.
EUROPEAN UNION PROVISIONS
If this Software is used within a country of the European Union, nothing in
this Agreement shall be construed as restricting any rights available under
the European Community Software Directive (91/250/EEC).
WARRANTIES AND DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN LICENSOR
AND YOU, THE LICENSED WORKS ARE NOW PROVIDED AS IS WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, ASLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE
WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES
NO WARRANTY THAT (i) THE LICENSED WORKS WILL MEET YOUR REQUIREMENTS, (ii) THE
USE OF THE LICENSED WORKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED WORKS WILL
BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE LICENSED WORKS WILL MEET YOUR
EXPECTATIONS, (v) ANY ERRORS IN THE LICENSED WORKS WILL BE CORRECTED, AND/OR
(vi) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS THE LICENSED WORKS WITHOUT
VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. IF CALIFORNIA LAW IS NOT HELD TO APPLY TO THIS AGREEMENT FOR ANY
REASON, THEN IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES, REPRESENTATIONS,
AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY SUCH WARRANTY,
GUARANTEE, REPRESENTATION AND/OR WARRANTY IS:
(1) HEREBY LIMITED TO THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM THE DATE
OF OPENING THE PACKAGE CONTAINING THE LICENSED WORKS OR (B) THE SHORTEST
PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY
LIMITATION WOULD BE UNENFORCEABLE; AND
(2) LICENSORS SOLE LIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE,
REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY
OF THE LICENSED WORKS.
IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, ASIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY
KIND, OR ANY DAMAGES WHATSOEVER, ASLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT
OF OR IN CONNECTION WITH THE USE OF THE LICENSED WORKS. SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
ASIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY.
SEVERABILITY
In the event any provision of this License Agreement is found to be invalid,
illegal or unenforceable, the validity, legality and enforceability of any of
the remaining provisions shall not in any way be affected or impaired and a
valid, legal and enforceable provision of similar intent and economic impact
shall be substituted therefore.
ENTIRE AGREEMENT
This License Agreement sets forth the entire understanding and agreement
between you and the Licensor, supersedes all prior agreements, whether written
or oral, with respect to the Software, and may be amended only in a writing
signed by both parties.