IMPORTANT: READ CAREFULLY BEFORE INSTALLING, DOWNLOADING, OR USING THE SOFTWARE. BY INSTALLING, DOWNLOADING OR USING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND YOU ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
INTELLSYS S.R.L. END-USER SOFTWARE AGREEMENT
This Software Agreement ("Agreement") is between You (either an individual or an entity), the End User, and Intellsys s.r.l. ("Intellsys"). The Agreement authorizes You to use the Software specified herein. This is an agreement on end-user rights and not an agreement for sale. Intellsys reserves all other rights not specified within this agreement.
1. END-USER RIGHTS AND USE. Intellsys grants You non-exclusive, non-transferable end-user rights to install and use the Software on a single device at a time provided You have fully paid up-to-date all corresponding licensing fees.
The above license grant is extended for ad supported variants of the Software provided You accept to receive advertising material in any digital, electronic and physical format, directly from Intellsys or from its advertising partners for the entire duration of this agreement.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) You may copy the Software for archival purposes, provided any copy must contain all of the original proprietary notices.
(b) Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software.
(c) Rental. You may not rent, lease, or lend the Software.
(d) You may not permit other individuals to use the Software except under the terms listed herein.
(e) You may not remove any proprietary notices or labels on the Software.
(f) You agree that You shall only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
(g) You understand and agree that you are fully responsible in the event that you are using the Software in an illegal or fraudulent manner, or by causing any harm or loss to any third party.
(h) Reservation of Rights. All rights not expressly granted are reserved by Intellsys s.r.l.
You may terminate this Agreement at any time by permanently deleting, destroying and returning, at your own costs, the Software, all back up copies and all related materials provided by Intellsys. This agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. In such event, you must destroy all copies of the Software and all of its component parts.
4. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE PRODUCT ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND INTELLSYS S.R.L. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ITELLSYS S.R.L. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT OR SERVICES WILL BE CORRECTED. SHOULD THE SOFTWARE PRODUCT OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
In no event shall Intellsys s.r.l. be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, 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 this Intellsys s.r.l. product, even if Intellsys s.r.l. has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Intellsys s.r.l. warrants that he is the rightful owner of the Software and that he has the full right and authority to grant the license specified herein. Intellsys s.r.l. further warrants that no party has made or threatened to make any claim of intellectual property rights infringement against the Software. Intellsys s.r.l. warrants that, to the best of his knowledge, the Software does not violate or infringe upon the intellectual property rights of any other party.
7. NO OTHER OBLIGATIONS.
This Agreement creates no obligations on the part of Intellsys other than as specifically set forth herein.
8. APPLICABLE LAW & GENERAL PROVISIONS.
This Agreement is governed by the laws of Romania. All disputes arising from or relating to this Agreement shall be settled by a single arbitrator appointed by the Central Chamber of Commerce of Romania.