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END-USER
LICENSE AGREEMENT (EULA) FOR
Dimac CMS SOFTWARE
IMPORTANT-READ CAREFULLY:
This End-User License Agreement ("EULA") is a legal agreement
between you (either an individual or a single entity) and Duplo
AB for the software product identified above, which includes
computer software and may include associated media, printed
materials, and "online" or electronic documentation ("SOFTWARE
PRODUCT"). The SOFTWARE PRODUCT also includes any updates and
supplements to the original SOFTWARE PRODUCT provided to you by
Duplo AB. Any software provided along with the SOFTWARE PRODUCT
that is associated with a separate end-user license agreement is
licensed to you under the terms of that license agreement. By
installing, copying, downloading, accessing or otherwise using
the SOFTWARE PRODUCT, you agree to be bound by the terms of this
EULA.
Software PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by
copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties. The SOFTWARE
PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA
grants you the following rights:
1.1 Applications Software.
You may install, use, access, display, run, or otherwise
interact with ("RUN") one copy of the SOFTWARE PRODUCT, or any
prior version for the same operating system, under a single
Internet or Intranet domain name in a production environment.
1.2 Development Use.
You may also install one copy of the SOFTWARE PRODUCT in a
non-production environment that is not accessed by end-users.
This license does not allow the two copies to be installed on
two production servers.
1.3 Reservation of Rights.
All rights not expressly granted are reserved by Duplo AB.
2. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS.
2.1 Not for Resale Software.
You may not resell, or otherwise transfer for value, the
SOFTWARE PRODUCT under any circumstances.
2.2 Modifications to the SOFTWARE
PRODUCT.
Due to the scripted nature of the SOFTWARE PRODUCT, you have
full access to the source code of the SOFTWARE PRODUCT. You may
make modifications to the SOFTWARE PRODUCT provided you do not
create a derivative of the SOFTWARE PRODUCT. Modifications
carried out by the licensee or a third party may void any
support agreement that may be in place.
2.3 Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its
component parts may not be separated for use on more than one
COMPUTER.
2.4 Trademarks.
This EULA does not grant you any rights in connection with any
trademarks or service marks of Duplo AB.
2.5 Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
2.6 Software Transfer.
The initial licensee of the SOFTWARE PRODUCT may make a one-time
permanent transfer of this EULA and SOFTWARE PRODUCT only
directly to an end user. This transfer must include all of the
SOFTWARE PRODUCT (including all component parts, the media and
printed materials, any upgrades, this EULA, and, if applicable,
the Certificate of Authenticity). Such transfer may not be by
way of consignment or any other indirect transfer. The
transferee of such one-time transfer must agree to comply with
the terms of this EULA, including the obligation not to further
transfer this EULA and SOFTWARE PRODUCT.
2.7 Termination.
Without prejudice to any other rights, Duplo AB may terminate
this EULA if you fail to comply with the terms and conditions of
this EULA. In such event, you must destroy all copies of the
SOFTWARE PRODUCT and all of its component parts.
3. COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT
(including but not limited to any images, photographs,
animations, video, audio, music, text, and "applets"
incorporated into the SOFTWARE PRODUCT), the accompanying
printed materials, and any copies of the SOFTWARE PRODUCT are
owned by Duplo AB. All title and intellectual property rights in
and to the content which may be accessed through use of the
SOFTWARE PRODUCT is the property of the respective content owner
and may be protected by applicable copyright or other
intellectual property laws and treaties. This EULA grants you no
rights to use such content. If this SOFTWARE PRODUCT contains
documentation which is provided only in electronic form, you may
print one copy of such electronic documentation. You may not
copy the printed materials accompanying the SOFTWARE PRODUCT.
4. DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE PRODUCT in more than one medium.
Regardless of the type or size of medium you receive, you may
use only one medium that is appropriate for your single
COMPUTER. You may not RUN the other medium on another COMPUTER.
You may not loan, rent, lease, or otherwise transfer the other
medium to another user, except as part of the permanent transfer
(as provided above) of the SOFTWARE PRODUCT.
5. BACKUP COPY.
After installation of one copy of the SOFTWARE PRODUCT pursuant
to this EULA, you may keep the original media on which the
SOFTWARE PRODUCT was provided by Duplo AB solely for backup or
archival purposes. If the original media is required to use the
SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the
SOFTWARE PRODUCT solely for backup or archival purposes. Except
as expressly provided in this EULA, you may not otherwise make
copies of the SOFTWARE PRODUCT or the printed materials
accompanying the SOFTWARE PRODUCT.
LIMITED WARRANTY
THE SOFTWARE PRODUCT IS AS A LISENCE "AS IS" AND WITHOUT
WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER
WARRANTIES WHETHER EXPRESSED OR IMPLIED.
Duplo AB is not liable for the content
of any web site powered by the SOFTWARE PRODUCT.
The user must assume the entire risk of
using the program.
To the maximum extent permitted by
applicable law, Duplo AB disclaims all warranties and
conditions, either express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a
particular purpose, title, and non-infringement, with regard to
the SOFTWARE PRODUCT, and the provision of or failure to provide
Support Services. This limited warranty gives you specific legal
rights. You may have others, which vary from state/jurisdiction
to state/jurisdiction.
CUSTOMER REMEDIES.
Duplo AB’s entire liability and your exclusive remedy shall be,
at Duplo AB’s option up to the value of the price paid for the
SOFTWARE PRODUCT.
LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, in no
event shall Duplo AB be liable for any special, incidental,
indirect, or consequential damages whatsoever (including,
without limitation, damages for loss of business profits,
business interruption, loss of business information, or any
other pecuniary loss) arising out of the use of or inability to
use the SOFTWARE PRODUCT or the provision of or failure to
provide Support Services, even if Duplo AB has been advised of
the possibility of such damages. In any case, DuploAB’s entire
liability under any provision of this EULA shall be limited to
the greater of the amount actually paid by you for the SOFTWARE
PRODUCT or US$ 10.00 |