End user License Agreement



This end-user License Agreement (the “License Agreement”) is between Levade  ICT BV, a limited liability company registered in The Netherlands and having its  registered  address at Meije 41, 2411PJ Bodegraven, The Netherlands (the “Licensor”)  and the end user (“You”). By installing and executing the software that accompanies this License Agreement  (“Licensor Software”) and by pressing the “Accept” button, you are deemed to and  do consent to be bound by and become a party to this License Agreement and to  the Microsoft Software Supplemental License Terms and you represent that you  have the authority to enter into these Agreements. If you do not agree to be  bound by all of the terms of these Agreements  do not press the “Accept” button  and do not install the software. All unaccepted software must be promptly  returned to the vendor at Your expense. Before You continue, it is advisable that You print or save a soft copy of this  License Agreement for record purposes.

Grant of the License

Subject to the terms and conditions of this License Agreement, the Licensor  grants You a non-exclusive, non-transferable, non-sub-licensable and revocable  license to install one copy of the Licensor Software and related written  materials in either printed text or machine readable version (the “Documentation”),  on a single computer. If You are using the Licensor Software for Your own  personal use and not in a business or trade, You may use internally one copy of  the Licensor Software and Documentation on three computers as long as the  computers are used for private, non-commercial purposes. Any use of more copies  of the Licensor Software than are licensed is prohibited. The license for the  Licensor Software may not be shared by alternating use of the Licensor Software  between different computers. The Licensor Software is licensed as a single  product, and You may not separate its component parts for use on more than one  desktop personal computer.   If You are not using a licensed copy of the Licensor Software, You are not  allowed to install the Licensor Software and any future updates of the same.

Evaluation Copy

You may be granted a temporary license to evaluate the Licensor Software.  Applications and data that You have created during the evaluation period may  require the Licensor Software in order to run or to be accessible. Consequently,  You may lose or be unable to access applications or data that You have created  during such period. You should therefore take precautions to avoid any loss of  data. To be allowed to continue Your use of the Licensor Software after expiry  of the evaluation period, You must acquire a regular license as set out in this  License Agreement and pay the license fee. You agree that the Evaluation Copy  granted to You on a temporary basis to test the Licensor Software may have  limited functionality and that consequently You may not be able to benefit from  all the functions which would be available if You buy a regular license and pay  the license fee.

Licensed Units and Networks

When You purchase a license You will be provided with a serial number.  You  should activate the registered license for the Software by entering the serial  number as prompted by the Software. You agree to use the Software only for the  number of licensed units specified on Your invoice. Any simultaneous storage,  maintenance, or use on more units than are licensed is prohibited. You agree  either to implement access security mechanisms to prevent simultaneous use or to  pay an additional fee according to the number of users with access to a Network  enabling use of the Licensor Software by multiple computers simultaneously.  You  agree to contact the Licensor if simultaneous use will be possible.

Copyright and Trademark Rights

The Licensor Software and its Documentation is copyrighted according to law.  You must not use the Licensor Software or its Documentation in any manner which  can jeopardize or violate its copyright. Unless specifically permitted in terms  of this License Agreement, copying, reproducing, changing, modifying and  decompiling the software as well as transferring it from a mechanical code,  reanalyzing it or creating any deduced works therefrom by processing is strictly  prohibited. Nor is it permissible to resell, borrow, assign, transfer or lease  the Licensor Software or its Documentation to any person.

Intellectual Property Protection

This License Agreement does not give You any intellectual property rights in  the Licensor Software or its Documentation. You agree to treat the Licensor Software and its Documentation as copyrighted  material and You must not use them in any manner which can jeopardize or violate  the copyrights of the Licensor. You may not copy (except as permitted here  above), modify, create a derivative work thereof, reverse compile or reverse  engineer, disassemble, decompile or otherwise attempt to extract the source code  or internal data of the Licensor Software or any part thereof, unless this is  expressly permitted or required by law, or unless You have obtained explicit  consent in writing from the Licensor that You may do so. You further agree not  to remove or in any way obscure any ownership or trademark notices on the  Licensor Software or its Documentation.

Restrictions on Use

You are expressly prohibited from sublicensing, selling, renting, leasing,  transferring, assigning, displaying, hosting, outsourcing, disclosing,  distributing or otherwise commercially exploiting the Licensor Software or  making any use of such Software or its Documentation in any way that violates  any applicable law.

Limited Warranty

You expressly understand and agree that the Licensor Software and its  Documentation are provided to you under this License Agreement on an “as is”  basis and with all its faults and your use of it is at your sole risk. This  Licensor Software and its Documentation is not subject to any guarantees. The  Licensor Software is provided as general purpose software and not for your  particular use. You accept that the Licensor and its suppliers do not represent or warrant that:
  1. The Licensor Software and its Documentation will meet your requirements;
  2. The Licensor Software and its Documentation will be error or defect free: or that
  3. Any defects in the operation or functionality of the Licensor Software and its documentation will be corrected.
The Licensor further expressly disclaims all warranties and conditions of any  kind, whether express or implied, including, but not limited to, the implied  warranties of merchantability, fitness for a particular purpose and  non-infringement of intellectual property rights. Any implied warranties that  cannot be excluded are limited to 30 days or to the shortest period permitted by  THE applicable law, whichever is the greater.

Limitation of Liability

Under no circumstance and under no legal theory/institute, whether in tort,  contract, or otherwise, will the licensor or its affiliate, suppliers or  distributors be liable to you or any third party beneficiary for any direct,  indirect, special, incidental, exemplary, punitive or consequential damages,  including but not limited to any loss of business, loss of data arising out of  the use or the inability to use the Licensor Software and its Documentation,  even if they know of the possibility of such damages. In no event will the total liability of the Licensor or its suppliers whether in  tort, contract or otherwise, exceed the amount actually paid by you for the  Software. These limitations do not apply to any liabilities that cannot be  excluded or limited by THE applicable law.

Export Restrictions

You may not export or re-export the Licensor Software in violation of the  export laws of the United States, the European Community or the applicable laws  of any other jurisdiction. Among other things, U.S. laws provide that the  Licensor Software may not be exported or re-exported to certain countries which  are embargoed or restricted or to certain restricted persons.  You will  indemnify and hold us harmless from any and all claims, losses, liabilities,  damages, fines, penalties, costs and expenses (including attorney’s fees)  arising from or relating to any breach by you of your obligations under this  section.  Your obligations under this section shall survive the expiration or  termination of this Agreement.

Term and Termination

This License Agreement shall automatically terminate if You fail to comply  with its terms without prejudice to the rights of the Licensor to compensation  for damages in terms of the applicable law. Immediately upon termination or  expiration of this License Agreement, the license granted hereunder shall  terminate and You shall immediately return to the Licensor or destroy all copies  of the Licensor Software and all related Documentation in Your possession, but  the terms of this Agreement which are intended to survive termination shall  remain in effect.

Choice of Law

This License Agreement will be governed by the Laws of The Netherlands,  Europe excluding any conflict of rules of law.

General Provisions

Any rights not expressly granted under this License Agreement are being  reserved. This License Agreement is the entire agreement between You and the  Licensor with respect to this subject matter and supersedes any and all prior or  contemporaneous oral or written agreements, representations, negotiations, any  additional terms of any quote, order or other similar communication between the  parties. If any part of this License Agreement is found to be void,  unenforceable or invalid, that part will be deemed stricken and will not affect  the validity of the other License Agreement provisions. Failure by either party  to enforce any provision of this License Agreement will not be deemed a waiver  of future enforcement of that or any other provision. Sections 6, 7,and 8 shall  survive the termination of this License Agreement. MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS MICROSOFT .NET FRAMEWORK 3.5 CLIENT FOR MICROSOFT WINDOWS OPERATING SYSTEM Microsoft Corporation (or based on where you live, one of its affiliates)  licenses this supplement to you.  If you are licensed to use Microsoft Windows  operating system software (for which this supplement is applicable) (the  “software”), you may use this supplement.  You may not use it if you do not have  a license for the software.  You may use a copy of this supplement with each  validly licensed copy of the software. The following license terms describe additional use terms for this supplement.   These terms and the license terms for the software apply to your use of the  supplement.  If there is a conflict, these supplemental license terms apply. By using this supplement, you accept these terms.  If you do not accept them, do  not use this supplement. If you comply with these license terms, you have the rights below.
  1. SUPPORT SERVICES FOR SUPPLEMENT.  Microsoft provides support services for this software as described at www.support.microsoft.com/common/international.aspx.
  2. MICROSOFT .NET BENCHMARK TESTING. The software includes the .NET Framework, Windows Communication Foundation, Windows Presentation Foundation, and Windows Workflow Foundation components of the Windows operating systems (.NET Components).  You may conduct internal benchmark testing of the .NET Components. You may disclose the results of any benchmark test of the .NET Components, provided that you comply with the conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406.
Notwithstanding any other agreement you may have with Microsoft, if you  disclose such benchmark test results, Microsoft shall have the right to disclose  the results of benchmark tests it conducts of your products that compete with  the applicable .NET Component, provided it complies with the same conditions set  forth at <http://go.microsoft.com/fwlink/?LinkID=66406>.
Please contact Levade ICT BV in The Netherlands at +31-172-685101 or use the Contact Form  in case of any questions.
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