End User License Agreement (Colimo)
End User License Agreement
IMPORTANT: THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND MOTIVA. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE PRODUCT. IT PROVIDES A LICENSE TO USE THE PRODUCT. BY INSTALLING AND USING THE PRODUCT, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE PRODUCT AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.
You may not install or use the Software in any computer, or copy it, without a license from Motiva. Motiva offers You a non-exclusive, non-transferable license for the Software on the terms set out in this Agreement.
Carefully read this Agreement before downloading or installing the Software. By installing or using the Software, You fully accept these terms and conditions and agree to be legally bound by this Agreement. The terms and conditions contained herein may be subject to change without prior notice when Motiva considers appropriate.
1. License and Terms of Usage
Motiva grants to You a personal, non-transferable, and non-exclusive license to download, install and use the Software and associated printed and/or electronic documentation accompanying the Software, in accordance with this agreement. This license does not under any circumstances grant ownership of the Software to You.
Software delivered as an update or upgrade to a previous version of the licensed Software must replace the previous version - no additional license is granted. You may install only such number of updates/upgrades as equal to the number of licenses paid for. If You wish to install more updated/upgraded versions than licenses held, You must purchase additional licenses.
In versions newer than COLIMO 1.2! there is an exception to this rule: the primary user of the computer on which the software is installed may install a second copy of the software for his/her exclusive use on either a laptop or a computer located at his/her home, provided the software on the laptop or home computer is not used at the same time as the software on the primary computer.
2. Restrictions on Use
Unless otherwise agreed separately in writing with Motiva or under a separate license agreement with Motiva, You agree that you will NOT:
- Provide access to or use of the Software to any third party.
- Sell, license, sub-license, transfer, assign, re-distribute, lend, lease or rent (including via a timeshare arrangement), the Software, its use, or the license granted by this agreement.
- Install or use the Software over the internet, including, without limitation, use in connection with a web hosting or similar service, or make the Software available to third parties via the internet or otherwise.
- Modify, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
- Modify, reverse engineer, disassemble or otherwise attempt to discover the structure of any binary archives created or used by the Software.
- Copy or reproduce the Software, partially or totally, except to make one copy of the Software solely for back-up purposes. You are liable for the safekeeping of this copy and for any misuse which may be made of it.
- Copy or reproduce the manuals, user guides and other documentation forming part of the Software.
3. Ownership and Intellectual Property
Motiva is the owner of all intellectual property relating to the Software for which the license is granted. Motiva owns and retains all copyright, trademark, and other proprietary rights in and to the Software and documentation unless otherwise stated in said documentation. The Software and documentation are protected by copyright laws and other intellectual property laws.
No title to the intellectual property in the Software, documentation, names, logos, or other material provided is transferred to You by this agreement, and the license granted does not under any circumstances confer ownership of the Software to You.
You must inform Motiva of any infringement of copyright and/or intellectual property rights, and adopt any and all necessary measures to assure the confidentiality and the respect of all property right corresponding to Motiva.
You agree to maintain in good condition any property notices, labels, trademarks, copyright symbols, or any other property indications in the Software and documentation indicating that Motiva is the owner.
4. Disclaimer of Warranty
The Software and related materials are provided “AS IS” and without warranty or condition of any kind. Motiva specifically disclaims, including but not limited to, the express or implied warranties or conditions of merchantable quality and fitness for a particular purpose. Motiva does not warrant that the Software will meet your requirements, or that it can carry out any specific function, or that the operation of the Software will be uninterrupted or error free.
In no event shall Motiva be liable to You or any third party for any direct, indirect, special, incidental, punitive or consequential damages (including but not limited to damages resulting from loss of use, loss of data, loss of profits, loss of goodwill, and loss of business), arising out of, or in connection with, the use of, or inability to use, or low performance of, the Software or documentation, even if Motiva has been advised of the possibility of such damages.
Any liability assumed by Motiva arising out of or in connection with the Software or documentation shall not under any circumstances exceed the license fee You have paid for the Software. No returns or refunds will be accepted once the Software has been downloaded, installed or any package opened. Your sole remedy under this warranty shall be termination of this license agreement.
You are responsible for the supervision, management and control of the use of the Software, and output of the Software including, but not limited to, selection of the Software to achieve your intended results, determining the appropriate uses of the Software and the output of the Software in your business, and establishing adequate back-up to prevent the loss of data in the event of a Software malfunction.
This Agreement is effective until terminated. Motiva may terminate this Agreement at any time without notice to You if you fail to comply with any of its terms. You may terminate this Agreement at any time by destroying all copies of the Software and related materials.
Upon termination by You, or upon receipt by You of written notice of termination from Motiva, You shall immediately cease using the Software, destroy all copies of the Software and all written documentation in your possession and within 5 days thereafter provide Motiva with a written confirmation that you have complied with these actions.
6. Miscellaneous and General Conditions
This Agreement shall be governed and interpreted in accordance with the laws of Spain, and any conflict arising from the same shall be submitted to Spanish courts.
In the event that one or more of the provisions in this Agreement is found to be illegal or unenforceable by a court of competent jurisdiction, this Agreement shall not be rendered inoperative, the provision in question shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.
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