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The following is the latest version of the Software License Agreement for Trial editions. |
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This Software License Agreement ("License") constitutes a legal agreement between you, either an individual or a single entity, ("You") and Noemax Technologies Ltd ("Noemax") for the above mentioned product including any software, documentation, source code and materials
contained in it or made available by Noemax as supplements, updates,
modifications or extensions to it ("Product").
By copying, installing or executing ("Use") the Product, You acknowledge that You have read and understood
this License and agree to be bound by all its terms and conditions. If You do not agree, You may not Use the Product.
1. Ownership
The Product is the property of Noemax and is protected by copyright laws and international copyright treaties.
You acknowledge that this is a license, not a sale, and that it does not transfer to You any title or ownership in or to the Product or any patent, copyright, trade secret, trade name, trademark, service mark, intellectual property rights or other proprietary
rights related thereto. You further acknowledge that all title, rights and interest in and to the Product will remain at all times the property of Noemax and You will not acquire any rights to the Product
except as expressly set forth in this License. You further acknowledge that Noemax owns all copies of the Product, parts of the
Product and derivative works of the Product, however made.
You agree that You will not, at any time, contest anywhere in the world ownership of the Product by Noemax, nor will You challenge the validity of the rights of Noemax in the Product.
All rights not expressly granted herein are reserved by Noemax.
2. Grant of License to Use
Upon Your acceptance of all the terms and conditions of this License, Noemax grants You a limited, non-exclusive,
non-transferable license to Use the Product on an unlimited number of computers, provided that (a) You Use the Product solely
for evaluation purposes and solely on computers that are operated by You, and (b) You do not distribute, sublicense or make available
the Product or any part thereof to any individual or entity.
You may only Use copies of the Product that You obtain
from Noemax or a Noemax authorized distributor. You accept that the Product might have restrictions on its use, functionality or
performance and that it might stop performing without prior notice. You are solely responsible for taking all
appropriate technological and organizational measures to ensure that the Product is Used only in accordance with all the terms
and conditions of this License.
3. Limitations
You may not (a) Use the Product or any part of the Product except as expressly permitted by this license, (b)
distribute, sublicense or make available the Product or any part of the Product to any individual or entity, (c) modify, adapt,
port, reverse engineer, decompile or disassemble the Product or any part of the Product, (d) work around any restrictions on the
use, functionality or performance of the Product or any part of the Product, (e) rent, lease, lend or share the Product or any
part of the Product with any individual or entity, and (f) remove, alter or obscure any copyright, trademark, service mark or
other proprietary notices of Noemax or its suppliers from the Product or any part of the Product.
4. Source Code
You acknowledge that the Product does not include its source code and that You have no rights to the source code
of the Product and that the source code of the Product remains a confidential trade secret of Noemax.
If You
obtain by any means the source code of the Product or any portion of it, You agree (a) to immediately and permanently destroy
all source code that You have obtained, (b) not to
distribute, disclose or make available the source code that You have obtained or any portion of it to any individual or entity, and (c) not to use the source code
that You have obtained or any portion of it, or any information derived from it, for any
purpose whatsoever.
5. Support & Maintenance
The Product does not include support and maintenance for it and Noemax is not obliged to offer any such
services.
6. Backup Copies
You may make a single backup copy of the Product provided that You make it solely for Your archival purposes
and You ensure that it is used solely by You to reinstall the Product if ever necessary.
7. Term & Termination
The term of this License will begin on the date You obtain the Product and will remain in force for ninety (90)
days or until You decide to terminate it, whichever comes first. Upon the termination of this License You must remove and
destroy all copies of the Product and any part of the Product, including but not limited to installed copies and backup copies.
All provisions of this License, with the exception of sections "Grant of License to Use" and "Backup Copies", shall remain in force even after any termination.
8. No Warranty
The Product is available free of charge. Noemax does not provide any warranty of any kind to anyone and the entire
risk arising out of its use or performance remains with You.
9. Disclaimers
The Product is provided "as is" without warranties or conditions of any kind. Noemax makes no representations about the suitability of the Product for any purpose or that it is error-free or secure or that its
operation will be uninterrupted or that it meets any user's particular standards, requirements or needs or that Noemax support services will correct all defects or solve all problems.
Noemax provides no assurances that the Product does not infringe patents or other intellectual property rights of any third
party. Noemax does not warrant or make any representations regarding
the use or the performance of the Product in terms of correctness, accuracy, reliability, completeness, reliability or otherwise. Noemax hereby expressly disclaims any and all warranties and conditions with respect to the Product, its use and its
performance, either express or implied, including but not limited to any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement.
10. Limitation of Liability
In no event shall Noemax, its licensors, its suppliers, its authorized distributors, its partners and each of their respective employees, officers, directors and affiliates, be liable for any direct, indirect, incidental, punitive, special or consequential damages of any kind, or any other damages or claims whatsoever,
including but not limited to damages for loss of profits, revenue, data or use, incurred by You or any third party, even if Noemax knew, should have known or had been advised of the possibility of such damages, arising out of or in connection with the use
or performance of the Product and the provision or failure to provide support services. In no event will the total cumulative liability of Noemax for damages to You or any
other individual or entity ever exceed the lower of the actual price
paid (if any) by You for the Product or the list price advertised by Noemax for the Product at the time of its purchase, regardless of the form of the claim.
11. Governing Law
This License is governed by and construed in accordance with the laws of Greece. You agree and
hereby submit to the exclusive jurisdiction and venue of the Courts of Greece with respect to all disputes and such matters. The
application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
12. Entire License
This License constitutes the entire, final and exclusive agreement between You and Noemax with respect to the
Product or any other subject matter covered by this License, and supersedes in their entirety any and all prior agreements,
license exemptions, purchase orders, understandings and other communications, whether written or oral. This License replaces any
previously granted license for the Product. If any provision of this License is held to be illegal, invalid or unenforceable for
any reason, then such provision will be enforced to the maximum extent permissible and the remainder of the provisions of this
License will remain in full force and effect.
13. Assignment
You may not transfer the Product, assign this License or any of Your rights, or delegate any of Your obligations under this License,
by operation of law or otherwise (including by merger, sale of assets or consolidation), without the prior written
consent of Noemax.
14. Waiver & Modifications
All waivers must be in writing. Any waiver or failure to enforce a provision of this License on one occasion shall not be deemed a waiver of any other provision or such provision on any other occasion. This License may only be amended by a written document
signed by both parties.
License version 09_06_10
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