PLEASE READ CAREFULLY THE TERMS OF THIS AGREEMENT. BY CLICKING “I AGREE” BUTTON OR ACCESSING, DOWNLOADING, REGISTERING OR USING IN ANY MANNER THE SOFTWARE, YOU CONFIRM THAT YOU HAVE BEEN AWARE OF AND ACCEPT UNCONDITIONALLY TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DISAGREE ON THESE CONDITIONS, PLEASE DO NOT USE IN ANY WAY THE SOFTWARE.
IMPORTANT: The Materials may disable or alter: (1) software including features and functions in the operating system, drivers and applications, and other system settings; and (2) system services. WHEN THE MATERIALS ARE USED TO DISABLE OR ALTER THESE ITEMS IN WHOLE OR PART, YOU MAY EXPERIENCE (A) INCREASED RISKS THAT CERTAIN SECURITY FUNCTIONS DO NOT FUNCTION THEREBY EXPOSING YOUR COMPUTER SYSTEM TO POTENTIAL SECURITY THREATS INCLUDING, WITHOUT LIMITATION, HARM FROM VIRUSES, WORMS AND OTHER HARMFUL SOFTWARE; (B) PERFORMANCE AND INTEROPERABILITY ISSUES THAT MAY ADVERSELY AFFECT YOUR EXPERIENCE AND THE STABILITY OF YOUR COMPUTING SYSTEM; AND (C) OTHER EXPERIENCES RESULTING IN ADVERSE EFFECTS, INCLUDING, BUT NOT LIMITED, TO DATA CORRUPTION OR LOSS.
This End User License Agreement, hereinafter “Agreement”, constitutes a contract between Digital Publishing Ltd, a company incorporated under the laws of Bulgaria with registered address at complex Mladost 3 bl. 370 entr. 1, Sofia, Bulgaria, with ID company Nr 202787887, on the one side and a user licensee, hereinafter “Licensee”, on the other side for the use of software products with trade names, respectively: “Free Software Package Calculators”, “Silver Software Package Calculators”, “Gold Software Package Calculators” and “Platinum Software Package Calculators” (hereinafter collectively referred to as the “Software”), fully owned by the Licensor. Only the legitimate user acquires the rights of Licensee in the terms and conditions of this Agreement.
CONSIDERING THAT:
- The Software, together with all its components thereof and all updates, new versions and modifications as well as the related additional materials thereto, including but not limited to all electronic documentation (guides, instructions etc.) and all derivative works of the Software, together and separately, are exclusive property of the Licensor, protected by copyright laws as well as other intellectual property laws;
- In order to use legally the Software, the Licensee shall accept all conditions and clauses of the Agreement and shall be bounded by them within the term of the license. The conditions are valid for every use of the Software and will be applied for all following updates and versions of the Software, as much as they do not require new Agreement or additional, special conditions for use;
THE PAPRTIES AGREE AS FOLLOWS:
- I. Licensing
- The Licensor grants to the Licensee a limited, nonexclusive, nontransferable, non-sublicensable right to use the Software and the accompanying electronic documentation on a single computer solely for a personal, non-professional use within the restrictions and terms set forth in this Agreement.
- The Licensee must purchase a professional license if intends to use the Software for professional purposes.
- The Software is licensed, not sold. This Agreement is not to be construed as a sale of any rights in the Software and no title or ownership in the Software is transferred or assigned with the licensing. No rights or licenses are granted by the Licensor under this License, expressly or by implication, with respect to any proprietary information or patent, copyright, trade secret or other intellectual property rights, owned or controlled by the Licensor, except as expressly provided in this License.
- The Licensee has the right to download, install and use only one copy (one account) of the Software, only to one hardware device. In order to use Software the Licensee needs a flash supporting or/and flash enabled browser or a Flash-enabled mobile device.
- Provided license does not give rights to the User:
5.1 To use, copy, modify or distribute the Software except the provided by this Agreement.
5.2 To disassemble, decompile or otherwise to perform reverse engineering of the Software, except the permitted by law, without the possibility of contractual waiver
5.3 To sublicense, to rent or lease the provided for use Software.
5.4 To transfer or assign the license to the Software to third parties, unless the Licensor has given express written consent.
- By accepting this Agreement, the User acknowledges he is aware of the qualities and essential characteristics of the licensed with this Agreement Software and shall agree to use it at he’s own risk and responsibility.
- II. Copyrights and other intellectual property rights
- All copyrights, trademarks, patents, trade secrets and know-how and all other intellectual property rights of any character (tangible and intangible) associated with the creation, distribution and use of the Software, including all rights over the derived products, modified or adapted versions of the Software are property of Licensor and nothing in this Agreement shall be construed as transferring any aspects of such rights to the Licensee or any third party.
- III. Third party software
- In case the Software or its future updates and versions contain components of software products of third parties, the same are provided to the Licensee with other terms of use that can be different from this Agreement and can be included in a separate license agreement or in separate, attendant file. The conditions of license and restrictions of use are applied only for the use of those components, if there are any.
- IV. Warranties. Disclaimers.
- THE SOFTWARE IS PROVIDED ON AN “AS IS, WHERE IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. THE LICENSOR MAKES NO WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS FOR MERCHANTABILTY AND FITNESS, FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT, WITH RESPECT TO THE SOFTWARE OR TO THE TECHNICAL SUPPORT, IF THERE ARE ANY, EXCEPT THE LEGALLY ESTABLISHED LIMITS THAT CANNOT BE EXCLUDED.
- There is no promise or representation that the Licensee can make a certain amount of money, or any money, or not lose money, as a result of using the Software. Any earnings, revenue, or income statements are based on actual individual results and/or estimates as may be stated. There is no guarantee that the Licensee can make these levels for himself. If the Licensor knows typical buyer results they are listed. Otherwise, the Licensor does not know typical buyer results and Licensee must take that into consideration. As with any business, the results will vary and will be based on the personal abilities, experience, knowledge, capabilities, level of desire of Licensee, and an infinite number of variables beyond Licensor’s control, including variables, which are not anticipated by neither of the parties. There are no guarantees concerning the level of success and results may vary for any particular Licensee.
There are unknown risks in any business, particularly with SOLAR ENERGY BUSINESS and the technology where advances and changes can happen quickly.
The use of information, products and services, subject to this License should be based on the personal due diligence. The Licensee agrees that the Licensor shall not be liable for any success or failure resulting by use of the Software.
- The Licensor does not warrant or make any representations regarding the use or the results of the use of the software or related documentation in terms of their correctness, accuracy, reliability, correctness, or otherwise. No oral or written information or advice given by the Licensor or the Licensor’s authorized representative shall create a warranty or in any way increase the scope of this warranty.
- All warranties are excluded in cases when:
12.1. The Software is used or has been used not by purpose or in controversy with the instructions and the rules, described in the documentation or in this Agreement;
12.2. Changes were made in the Software without the knowledge and express approval and consent of the Licensor;
12.3. The Software does not work properly as a result of using by the Licensee of faulty technical means, devices and/or incorrectly configured software;
12.4. The Software has been used or is using by unauthorized users.
- V. Liability
13. Limit of liability. In no event shall Licensor or its directors, managers, employees or agents be liable for any incidental, indirect, special or consequential damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use, misuse or inability to use the Software or related documentation, breach or default.
14. The Licensor shall not be liable for:
14.1. Any loss of, or damage to, Licensee’s records or data or,
14.2. Any damages claimed by the Licensee and based on any third party claim,
14.3. Any financial lose or losses direct or indirect as a result of using this Software.
15. In no event shall the Licensor’s total liability towards the Licensee for all damages, losses, and causes of action, whether in contract, tort (including negligence) or otherwise, shall not exceed the amount paid by Licensee for the Software.
16. The Licensor shall not be liable for any direct, indirect, specific, incidental or consequential damages having occurred as a result of unavoidable event or force majeure, including but not limited to natural disasters, activities and extraordinary measures of any government, wars or other acts of aggression, civil commotion, embargo, acts of terrorism, continuous stoppage and failures in power supply, unforeseeable damages of devices, industrial or labour disputes or controversies, acts of any third party, software of any third party, interruptions in communication means and as a result of causes beyond the reasonable control of Licensor.
17. The provisions in this Agreement shall no limit or repealed the statutory rights of Licensee that cannot be excluded or limited by contract.
- VI. Rights and obligations
18. The Licensor:
18.1. Provides easy and unimpeded use of the Software, according to its purpose to the whole duration of the license.
18.2 Has the right to terminate at any time the License if the Licensee breaches the obligations under this Agreement.
19. The Licensee:
19.1. Uses the Software in accordance with its intended purpose and within the rights that are conferred by this Agreement.
19.2. Has no right to disseminate either the Software, in whole or any part thereof, in any form, nor the related documentation, and no right to provide (with or without compensation) or to distribute to third parties, information enabling the reproduction of software or other disclosure of confidential information.
19.3. The Licensee shall be liable for all damages suffered by the Licensor for any claims and / or future collaterals in connection with committed or future infringements as a result of the use of the Software by the Licensee in any manner prohibited by laws or this Agreement.
- VII. Governing Law and Jurisdiction
20. This EULA in all respects shall be governed by and construed under the laws of Bulgaria. Each party irrevocably agrees that the exclusive venue for any dispute arising from or related to this EULA will be a court located in Sofia, Bulgaria.
- VIII. General provisions
21. Term. This EULA is effective until terminated.
22. This Agreement (including any supplement or amendment thereto) is the full text of the agreement between the Licensee and the Licensor concerning the Software use and support services, if there are any. This Agreement replaces and supersedes any prior, oral or written communications, proposals and representations with respect to the use of the Software or any other condition, covered by this Agreement.
23. This Agreement is obligatory and has binding force to the parties thereto, as well as their assignees. The Licensee shall not transfer its rights or obligations under this Agreement without the prior written consent of Licensor, explicitly expressed for every single case.
24. Should any provision of this Agreement be or become invalid or unenforceable, in whole or in part, such provision or part shall to the extent deemed invalid or unenforceable not be part of this Agreement, but the validity and enforceability of the remainder of this Agreement shall not be affected thereby and such invalid or unenforceable provision shall be replaced with a valid and enforceable provision attaining, to the extent possible, the same or similar economic, business or other effect as the invalid or unenforceable provision.
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