ndCurveMaster Win/Mac
Copyright (c) 2017 SigmaLab Tomasz Cepowski
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
DEFINITIONS
"User" means a individual who receives an individual license key after purchasing ndCurveMaster Win/Mac. The user name is shown in “Registered to” field in the “About” window of ndCurveMaster Win/Mac.
1. LICENSE
By receiving, opening the file package, and/or using ndCurveMaster Win/Mac("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by SigmaLab Tomasz Cepowski your use of ndCurveMaster Win/Mac indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, SigmaLab Tomasz Cepowski grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use ndCurveMaster Win/Mac in accordance with this Agreement and any other written agreement with SigmaLab Tomasz Cepowski. SigmaLab Tomasz Cepowski does not transfer the title of ndCurveMaster Win/Mac to you; the license granted to you is not a sale. This agreement is a binding legal agreement between SigmaLab Tomasz Cepowski and the purchasers or users of ndCurveMaster Win/Mac.
If you do not agree to be bound by this agreement, remove ndCurveMaster Win/Mac from your computer now and, if applicable, promptly return to SigmaLab Tomasz Cepowski by mail any copies of ndCurveMaster Win/Mac and related documentation and packaging in your possession.
2. DISTRIBUTION
ndCurveMaster Win/Mac and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of ndCurveMaster Win/Mac contact SigmaLab Tomasz Cepowski.
3. USER AGREEMENT
3.1 Use
Your license to use ndCurveMaster Win/Mac is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of ndCurveMaster Win/Mac.
3.2 Use Restrictions
You shall use ndCurveMaster Win/Mac in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of ndCurveMaster Win/Mac together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
The lifetime license for ndCurveMaster is registered and activated on a single computer. The use of ndCurveMaster Win/Mac means that you have loaded, installed, or run ndCurveMaster Win/Mac on a computer or similar device. If you need to run ndCurveMaster Win/Mac on a multi-user platform, server or network, you need to purchase more product licenses.
You may make one copy of ndCurveMaster Win/Mac for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of ndCurveMaster Win/Mac. The assignment, sublicense, networking, sale, or distribution of copies of ndCurveMaster Win/Mac are strictly forbidden without the prior written consent of SigmaLab Tomasz Cepowski. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of ndCurveMaster Win/Mac. If any person other than yourself uses ndCurveMaster Win/Mac registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile ndCurveMaster Win/Mac. Nor can you create any derivative works or other works that are based upon or derived from ndCurveMaster Win/Mac in whole or in part.
SigmaLab Tomasz Cepowski's name, logo and graphics file that represents ndCurveMaster Win/Mac shall not be used in any way to promote products developed with ndCurveMaster Win/Mac . SigmaLab Tomasz Cepowski retains sole and exclusive ownership of all right, title and interest in and to ndCurveMaster Win/Mac and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of ndCurveMaster Win/Mac, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for SigmaLab Tomasz Cepowski.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend SigmaLab Tomasz Cepowski , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of SigmaLab Tomasz Cepowski's Software.
In no event (including, without limitation, in the event of negligence) will SigmaLab Tomasz Cepowski , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, ndCurveMaster Win/Mac or the use or inability to use ndCurveMaster Win/Mac or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
SigmaLab Tomasz Cepowski's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by SigmaLab Tomasz Cepowski ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to SigmaLab Tomasz Cepowski.
3.5 Warranties
Except as expressly stated in writing, SigmaLab Tomasz Cepowski makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose. To licensors' best knowledge the software is correct. However, licensor does not warrant the correctness of the software or any part of it.
3.6 Governing Law
This Agreement shall be governed by the law of the Poland applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Poland therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of ndCurveMaster Win/Mac and destroy all copies of ndCurveMaster Win/Mac supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ndCurveMaster Win/Mac AS WELL.
5. CONSENT OF USE OF DATA
You agree that SigmaLab Tomasz Cepowski may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to ndCurveMaster Win/Mac.SigmaLab Tomasz Cepowski may also use this information to provide notices to you which may be of use or interest to you.