Product: PixPlant
Web: http://www.PixPlant.com
Email: contact@PixPlant.com
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
1. LICENSE GRANT. FaronStudio Unip Lda ("FaronStudio") grants you a license to use one (1) copy of this Software on any one system for as many licenses as you purchase. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software except as an intended part of the Software's programming features.
You may make one (1) nonproductive copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices found on the original. Registration keys are NOT to be distributed.
The primary user of the computer on which the Software is installed may also make a second copy for his or her exclusive use on a portable computer provided the Software on the portable computer is not being used at the same time the Software on the primary computer is being used.
You may not use the Software for the expressed purpose of generating graphics on a service bureau or application service provider basis for third parties. If You wish to use the Software for such purpose, please contact FaronStudio at www.PixPlant.com.
You may permanently transfer all of your rights under this license, provided the recipient agrees to the terms of this license. You may not transfer, assign, rent, lease, well, or otherwise dispose of the Software in exchange for consideration, or on a temporary basis. Component parts of the Software product cannot be distributed in part or as a whole.
When you first install the Software, you are granted an evaluation period of not more than 30 days, after which time you must pay for the Software or you must remove all copies of the Software from your system. You are expected to use the Software on your system and to thoroughly evaluate its usefulness and functionality before making a purchase.
2. OWNERSHIP. The Software is owned and copyrighted by FaronStudio. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software.
3. COPYRIGHT. The Software is protected by copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of FaronStudio and you will not acquire any rights to the Software except as expressly set forth in this license.
4. REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble or otherwise reduce the Software to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. NO OTHER WARRANTIES. FARONSTUDIO DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. FARONSTUDIO DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
6. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FARONSTUDIO OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF FARONSTUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FARONSTUDIO'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
8. TERM AND TERMINATION. This license agreement takes effect upon your use of the Software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software in your possession.
9. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). FaronStudio and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
10. GOVERNING LAW AND JURISDICTION. The construction, validity and performance of this License shall be governed by the laws of Portugal and the parties hereby irrevocably submit to the exclusive jurisdiction of the Comarca de Lisboa Courts.
11. ENTIRE AGREEMENT. This is the entire agreement which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.