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User License Agreement:
PLEASE READ THIS AGREEMENT CAREFULLY
SOFTWARE NON-COMMERCIAL LICENSE AGREEMENT
NEKTRA S.A. (NEKTRA) IS WILLING TO LICENSE ...
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PLEASE READ THIS AGREEMENT CAREFULLY
SOFTWARE NON-COMMERCIAL LICENSE AGREEMENT
NEKTRA S.A. (NEKTRA) IS WILLING TO LICENSE THE ENCLOSED SOFTWARE (AS WELL AS UPDATES AND UPGRADES NEKTRA MAY MAKE AVAILABLE TO YOU FROM TIME TO TIME) AND DOCUMENTATION (THE SOFTWARE) TO YOU (YOU) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS SOFTWARE LICENSE AGREEMENT (THE AGREEMENT) AND PAY THE REQUIRED LICENSE FEES. USE OF THIS SOFTWARE IS LIMITED TO NON-COMMERCIAL BASIS. YOU MAY TEST THE SOFTWARE FOR A PERIOD OF 30 DAYS FOR COMMERCIAL USE. AFTER THAT PERIOD YOU SHOULD PAY THE COMMERCIAL FEE. ANY USER THAT USES THE SOFTWARE SHOULD PAY THE COMMERCIAL FEE IF APPLIES.
BY CLICKING ON THE ACCEPT BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, NEKTRA IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE FOR ANY PURPOSE, AND YOU SHOULD CLICK ON THE DO NOT ACCEPT BUTTON BELOW TO DISCONTINUE THE INSTALLATION PROCESS.
1. LICENSE. Subject to the terms and conditions of this Agreement, Nektra hereby grants You a limited, non-exclusive, personal license to install and use the Software, in machine-readable form only, solely for Your own personal and non-commercial use in accordance with this Agreement and the instructions, specifications and documentation provided with the Software.
2. RESTRICTIONS. You may not use or copy the Software, or any copy thereof, in whole or in part, except as expressly provided in this Agreement. You may not modify, reproduce, create derivative works of, distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer (except as expressly provided herein) the Software or any portion thereof. You may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing, except to the extent allowed under any applicable law. The Software contains trade secrets, trademarks, patents, and copyrights owned by Nektra and others. You shall not allow any access to or use of the Software by anyone other than You, or Your employees or agents, and any such use must be consistent with the terms, conditions, and restrictions set forth in this Agreement. You may not use the Software for the provision of any service for the benefit of any third party.
3. OWNERSHIP. The Software is licensed, not sold, to You for Your use only under the terms of this Agreement, and Nektra reserves all rights not expressly granted to You. You own the media, if any, on which the Software is recorded, but Nektra retains ownership of all copies of the Software itself.
7. SOFTWARE CHANGES. Nektra reserves the right at any time, and without notice to You, to discontinue or not to release the Software or any Update or Upgrade and to alter the features, specifications, capabilities, functions, release dates, general availability, or other characteristics of the Software or any Update or Upgrade.
8. TRIAL for commercial use. If the Software is being licensed on a trial basis, Your use of the Software is governed by the terms of this Agreement as modified by the terms of this Section. In the event of any conflict between the terms of the Agreement and this Section, the terms of this Section shall govern. You are granted a license to use the Software for evaluation purposes only. You agree to use the Software solely for such purposes, in accordance with the usage restrictions set forth in Section 2, for the evaluation period of 30 days (the Trial Period). Upon expiration of the Trial Period, Your license to use the Software automatically expires and the Software’s capabilities may become restricted. In addition, You agree to promptly destroy the Software and all copies thereof and, at Nektra’s request, to supply written certification of such destruction. If You desire to continue to use the Software beyond the Trial Period, You may acquire a license for commercial use. Any attempt to circumvent any expiry date technology or other mechanism contained within the Software which is intended to limit your ability to use the Software to a specified period is a violation of this Agreement, and any attempt to do so shall constitute a material breach of this Agreement.
9. TERM/TERMINATION. The Agreement becomes effective when You agree to the terms and conditions of this Agreement by opening, installing, using, accessing, or manipulating the Software (the Effective Date), and this Agreement will terminate immediately upon notice to You if You materially breach any term or condition of this Agreement. You agree upon termination to promptly destroy the Software and all copies thereof and, at Nektra’s request, to supply written certification of such destruction.
10. WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED TO YOU AS IS AND NEKTRA AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEKTRA, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
11. LIMITATION OF REMEDIES. IN NO EVENT WILL NEKTRA, ITS DISTRIBUTORS OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, EVEN IF NEKTRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN NO EVENT SHALL THE LIABILITY OF NEKTRA EXCEED THE TOTAL AMOUNT RECEIVED BY NEKTRA FROM YOU UNDER THIS AGREEMENT.
12. AUTHORITY AND INDEMNITY. If You have entered into this Agreement on behalf of (or to facilitate the use of the Software by) a Company of which You are an employee or agent, You represent and warrant that You have the full corporate right, power, and authority to enter into this Agreement on behalf of the Company, that this Agreement has been duly authorized by the Company, and that this Agreement will constitute the legal, valid, and binding obligation of the Company, enforceable against the Company in accordance with its terms. You hereby agree to indemnify and hold Nektra harmless from any and all claims, damages, losses, and expenses (including, without limitation, attorneys’ fees) arising from any breach of this Section 12.
13. ARGENTINA LAW. This license is governed by the Laws of Argentina. Disputes shall be settled by Buenos Aires City Court.
14. EXPORT LAW. The Software and related technology are subject to Argentina export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that You have the responsibility to obtain such licenses to export, re-export, or import as may be required. You hereby agree to indemnify and hold Nektra harmless from any and all claims, damages, losses, and expenses (including, without limitation, attorneys’ fees) arising from any breach of this Section 14.
15. HIGH RISK ACTIVITY. You acknowledge and agree that the Software is not intended for use with any high risk or strict liability activity, including, without limitation, air or space travel, technical building or structural design, power plant design or operation, life support or emergency medical operations or uses, and that Nektra makes no warranty and shall have no liability arising from any use of the Software in any high risk or strict liability activities.
16. GENERAL. This Agreement will be governed by the laws of Ciudad Autónoma de Buenos Aires in the Republic of Argentina, without regard to or application of any conflicts of law rules or principles. The federal and state courts of Argentina shall have exclusive jurisdiction over any disputes, claims, or controversies arising out of or relating to this Agreement, and You hereby irrevocably waive any objection to the jurisdiction of such courts over any such dispute, claim, or controversy.
If You have any questions regarding this Agreement or the Software, please contact the party that supplied the Software to You.
THE SOFTWARE IS PROTECTED BY ARGENTINA COPYRIGHT LAW AND INTERNATIONAL TREATY.
UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
© 2007 Argentina Software, Inc. All rights reserved. Nektra S.A.
All other trademarks, service marks, product names, and company names or logos are the property of their respective owners.
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