SOFTWARE USER LICENSE AGREEMENT
This User License Agreement constitutes a valid and binding agreement (legally binding/lawfully bound/binding contract) between a physical or legal person ("Licensee") and SkayTek Software. A subject of the contract is a product, that contains a computer software and can contain (if any) relating to this computer software (data) media (carriers) and a documentation (including technical specification). THE SOFTWARE includes also updates and additions of the original SOFTWARE. Licensee agrees to (all) the terms of this License Agreement by clicking to accept it or by installing, downloading or using the SOFTWARE Product. If Licensee does not agree to (all) these terms, Licensee has no rights to install, download or use the SOFTWARE product.
LICENSE FOR THE SOFTWARE
1. GRANTING LICENSE
This License Agreement grants Licensee the following rights on the terms and conditions below:
a) Installation and use.
Licensee may install, use, project or any other way interactively enjoy one copy of the software for the specified operating system on a single computer, host, server, terminal, mobile computer or any other electronic device.
b) "Number of license copies".
ONE COPY WITH ONE LICENSE KEY INCLUDED.
c) License package.
If this package is a License Package, Licensee can RUN additional LICENSE KEYS, on other devices, in number that is specified above as "Number of license copies".
Licensee has right to store a copy of THE SOFTWARE on a medium to store data, like a net server. Such a copy does not contain using of THE SOFTWARE on such a device, but only keeping on such equipment in order to archival aims.
Licensee must not rent, lease or lend THE SOFTWARE.
f) Cession of rights to the software.
The original user of THE SOFTWARE may only once and directly cede or devolve permanently THE SOFTWARE and in this Agreement specified rights to other user. The software must be transfer in whole (including all parts, media, printed materials, updates, this License Agreement and (if any) Certificate of Authenticity). This transfer must not be mail-order or any other indirectly. The person, that is qualifying rights must agree also to the terms of this License Agreement, including the obligation to not further transfer THE SOFTWARE and in this Agreement specified rights.
If THE SOFTWARE Product is labeled as an upgrade, Licensee must be properly licensed to use a product identified by SkayTek Software as being eligible for the upgrade to use THE SOFTWARE. Software labeled as an upgrade replaces and/or supplements the product that formed the basis for Licensee eligibility for the upgrade. Licensee may use the resulting upgraded product only in accordance with the terms of this License Agreement. If THE SOFTWARE is an upgrade of a component of a package of software programs that Licensee licensed as a single product, THE SOFTWARE may be used only as part of that single product package and may not be separated for use on more than ONE COMPUTER.
h) Termination of the License Contract.
Regardless of any others rights, the owner of the product, SkayTek Software, has the right to terminate this License Agreement with immediately effect at any moment, if Licensee is, even only in opinion of SkayTek Software, in breach of this Agreement. In such an event Licensee must destroy all copies of THE SOFTWARE and all its parts.
2. LIMITATION OF REVERSE ENGINEERING, DECOMPILING AND DISASSEMBLING
Reverse engineering, decompiling and disassembling of the Product is FORBIDDEN.
All property rights and intellectual property rights to THE SOFTWARE (including all pictures, photographs, animations, visual and sound recordings, music, texts and „applets”) together with such rights to printed materials, are property of SkayTek Software. All property rights and intellectual property rights to the contents, to which THE SOFTWARE grants access, belong to the owners of these contents and are protected by (if any) copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This License Agreement does not give Licensee any rights to use these contents.
4. BACKUP COPIES
After installing one copy of THE SOFTWARE, which is allowed according to the articles of this License Contract, Licensee may keep (if any) a original (data) medium, on which THE SOFTWARE was delivered, only as a backup copy or for archival aims, with the exception of the cases, that are expressly described in this License Agreement.
5. LEGAL CONSEQUENCES
In this agreement (only) some rights are described. Licensee may has (if any) other statutory rights under applicable local low or the low of this part, from which licensee bought the software. This license does not change licensee statutory rights (from applicable local low), if this law does not allow such changes.
6. EXCLUSION OF LIABILITY FOR DAMAGE
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, SKAYTEK SOFTWARE IN NO EVENT SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SKAYTEK SOFTWARE, AND EVEN IF SKAYTEK SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. LIMITATION OF LIABILITY AND REMEDIES
NOTWITHSTANDING ANY DAMAGES THAT LICENSEE MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF SKAYTEK SOFTWARE UNDER ANY PROVISION OF THIS AGREEMENT AND LICENSEE EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE PRODUCT, EVEN IF REPAIR, EXCHANGE OR RETURN OF THE PRICE PAID (IF ANY) FOR THE PRODUCT DOES NOT FULLY COMPENSATE THE LICENSEE FOR ANY LOSSES.
8. ENTIRE AGREEMENT
THIS AGREEMENT, INCLUDING ANY ADDENDUM OR AMENDMENT TO THIS AGREEMENT WHICH IS INCLUDED WITH THE PRODUCT, ARE THE ENTIRE AGREEMENT BETWEEN LICENSEE AND SKAYTEK SOFTWARE RELATING TO THE PRODUCT AND THE SUPPORT SERVICES (IF ANY) AND THEY SUPERSEDE ALL PRIOR OR CONTEMPORANEOUS ORAL OR WRITTEN COMMUNICATIONS, PROPOSALS AND REPRESENTATIONS WITH RESPECT TO THE PRODUCT OR ANY OTHER SUBJECT MATTER COVERED BY THIS AGREEMENT. TO THE EXTENT THE TERMS OF ANY SKAYTEK SOFTWARE POLICIES OR PROGRAMS FOR SUPPORT SERVICES CONFLICT WITH THE TERMS OF THIS AGREEMENT, THE TERMS OF THIS AGREEMENT SHALL CONTROL.