License Agreement
The software described in this “End User License Agreement” (hereafter EULA) is …
The licensor of the Licensed Software is IMED Engineering S.R.O. based in Staropramenna 636/19 150 00 Praha 5 Czech Republic.
This EULA is a legally binding agreement between the Licensee and IMED Engineering S.R.O whereby IMED Engineering S.R.O allows the use of the Licensed Software to the Licensee.
Please read it carefully.
Any installation, copy, access or use of the Licensed Software constitutes an acceptance and promise to comply with all terms and conditions of this EULA.
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Contents
The “Licensed Software” includes all the contents of the files, CD-ROM or DVD if provided, including:
computer data or third-party software that IMED Engineering S.R.O. has licensed to include them in the Licensed Software;
typefaces (fonts); if provided
files relating to the Licensed Software (“Documentation”);
improved versions, additions, modified versions, updates and copies of the Licensed Software, if any (“Updates”).
Installation
The Licensed Software may be installed on only one computer at a time. The Licensee may install the software on two additional computers for its exclusive use, provided that the software is not used at the same time of the Licensed Software on the main computer.
This present EULA applies to all installations of the Licensed Software, regardless of the fact that there is one, two or three installations.
In any case, it is prohibited, multiple installations exceeding 3 computers.
The Licensee shall be solely responsible for all expenses required for the installation and use of the Licensed Software.
Software Activation
The Licensed Software contains technological measures designed to prevent the illegal or unlicensed use.
The Licensed Software may contain enforcement technology that limits the ability to install and uninstall the Licensed Software on a machine, not more than a given number of times and for a given number of computers.
The Licensed Software may require activation as explained during installation and in the documentation. If the software was distributed with a demo license, the same will only work for a given period of time. If activation is required, and the activation is not completed within the finite period of time indicated in the documentation and explained during installation, the Licensed Software will cease to function until the completion of activation, when the functionality will be restored.
Transfer Copies and Use
Licensee may make only one copy of the software for backup or archival purposes.
Licensee may not sell, assign or transfer the Licensed Software or the License granted by this EULA without the prior written consent of IMED Engineering S.R.O.
The license granted by this EULA is non-exclusive. IMED Engineering S.R.O. could grant licenses similar to this EULA to third parties.
Licensee may not modify, translate, sublicense, rent, and lease all or any part of the Licensed Software or of the documentation.
Licensee may not create any derivative work from all or part of the Licensed Software or of the documentation.
Licensee may not reverse engineer, decompile, disassemble, adapt, or otherwise attempt to discover the source code of the Licensed Software.
Licensee shall not remove or obscure any copyright notices or trademark of IMED Engineering S.R.O., nor any copyright notices or trademark of third parties that IMED Engineering S.R.O. has included in the Licensed Software or in the documentation.
Licensee shall not use the Licensed Software in any manner that is illegal and not authorized by this EULA.
Content
The Licensed Software enables the Licensee to enter content that will be stored in the computer on which the Licensed Software is installed (this content will be referred to hereafter as “Content”).
Licensee is solely responsible for the use, storage and distribution of the Content. The Licensee may only use the Content responsibly, in appropriate manner, and exercising good judgment.
Licensee may not use, store or release any of this information without the express consent of the individual to whom it relates.
The Licensee shall indemnify, hold harmless and defend IMED Engineering S.R.O. from any claims, damages, legal fees, costs and legal action arising out of or resulting from the use or distribution of the Content.
Updates
If the Licensed Software is an upgrade of a previous version, Licensee must possess a valid License to the previous version, Licensee shall also cease all rights to use any previous version of the licensed software.
Once an update is released, IMED Engineering S.R.O. will cease support for the previous versions, without any notice to Licensee.
Service and Support
IMED Engineering S.R.O. is not obligated by this EULA to provide to the Licensee any technical support for the Licensed Software, except within specific service agreements signed with IMED Engineering S.R.O.
Warranty limited to the support material
In the case of distributions of the software on computer equipment, IMED Engineering S.R.O. guarantees that the computer equipment on which the Licensed Software is distributed will be free from defects for a period of 30 days from the date on which the Licensed Software is issued to the Licensee.
In the event that Licensee discovers a defect in the computer equipment during this 30 days period, Licensee can return the defective computer equipment to IMED Engineering S.R.O. within 10 calendar days after discovery of the defect. IMED Engineering S.R.O. will replace the computer equipment.
The warranty offered in this paragraph is the only warranty offered by IMED Engineering S.R.O.
The Licensed Software is provided to Licensee “AS IS”.
IMED Engineering S.R.O. provides no warranties regarding the use or performance of the Licensed Software.
Limitation of Liability
In no event IMED Engineering S.R.O. shall be liable for any damage, claim or cost of any kind, or for any consequential, indirect, incidental damage or any loss of profit or savings, even if a representative of IMED Engineering S.R.O. has been informed of the possibility of such loss, damage, claim or expense, nor shall be liable for any claim by a third party.
This limitation applies to the extent permitted by the law applicable in the jurisdiction of the Licensee.
The liability of IMED Engineering S.R.O., based upon or relating to this EULA, shall be limited to the amount paid for the Licensed Software.
Export
Licensee may not ship, transfer or export the Licensed Software in any country or use the Licensed Software in any manner prohibited by any export law, restriction or regulation applicable to the Licensee (collectively referred to as the “Export Laws”).
Applicable Legislation
This EULA is subject to, and shall be governed by and construed in accordance with the substantive laws in force in the State of the Czech Republic whose courts shall have exclusive jurisdiction over disputes hence born.
Intellectual property
The Licensed Software, and any authorized copies that Licensee makes, are the intellectual property of, and are owned by, IMED Engineering S.R.O.
The structure, organization and code of the Licensed Software are valid trade secrets and confidential information of IMED Engineering S.R.O. The Licensed Software is protected by law, including but not limited to the copyright laws of the Czech Republic and other countries, and by the provisions of international treaties. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights on the Licensed Software.
Licensee may not make or publish any public statement with respect to the Licensed Software by IMED Engineering S.R.O. without explicit written consent by IMED Engineering S.R.O.
IMED Engineering S.R.O. reserves all rights not expressly granted to Licensee by this EULA.
Severability
In the event that any provision of this EULA is defined, by a court of competent jurisdiction, contrary to the provisions of the law, that provision will be canceled by law to the maximum extent possible, and the remaining provisions of this EULA shall continue to be in full force and effect.
Waiver
No failure or delay by IMED Engineering S.R.O. in exercising their rights or remedies shall operate as a waiver, except in cases where this is indicated and specified in writing.
Termination
In the event that the Licensee breaches this EULA and does not provide remedy within 30 calendar days from the receipt of the request by IMED Engineering S.R.O. or his authorized representative, IMED Engineering S.R.O. may terminate this EULA; consequently all rights granted to the Licensee shall immediately cease. Moreover, at the time of termination, Licensee will return to IMED Engineering S.R.O. all copies of the Licensed Software, or declare in writing that all copies of the Licensed Software have been destroyed.