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»Freely Available

License Agreement for freely available products

This License Agreement ("License") constitutes a legal agreement between you ("You") and Noemax Technologies Ltd ("Noemax") for the above mentioned product including any software, documentation, materials, source code, information and services contained in it or provided as a result of its purchase or during the use of support or made available in the future as new releases, upgrades, updates, corrections, modifications or additions to it ("Product").

By installing, copying or otherwise using ("Use") the Product, You acknowledge that You have read and understood this License and accept to be bound by all its terms and conditions. If You do not agree to all its terms and conditions, You may not Use the Product.

Upon Your acceptance of all the terms and conditions of this License, Noemax grants You the right to Use the Product in the manner provided below.

1. OWNERSHIP

The Product is the property of Noemax or its suppliers 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 exclusive property of Noemax or its suppliers, 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, 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.

Any rights granted herein are not transferable to any other person or legal entity. All rights not expressly granted herein are reserved by Noemax.

2. GRANT OF LICENSE

Noemax grants to You a limited, non-exclusive, non-transferable, personal license to Use the Product on any number of computers, provided that You Use it only in accordance with all the terms and conditions of this License.

3. LIMITATIONS

Except as expressly permitted in this License, You may not (a) distribute, deploy, publish, transmit, transfer or otherwise make available the Product or any component thereof to any other individual, (b) lease, rent, loan, share or sublicense the use of the Product or any component thereof to any other individual, (c) separate the component parts of the Product for use on other computers, (d) modify, adapt, alter, translate or create derivative works of the Product or any component thereof, (e) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Product or any component thereof, or (f) remove, alter or obscure any copyright, trademark, service mark or other proprietary notices of Noemax or its suppliers from any part of the Product.

4. SUPPORT & MAINTENANCE

The Product does not include any support and maintenance services and Noemax is not obliged to offer any such services whatsoever.

5. EXPORT

If the Product does not contain cryptographic functionality, You may download it from the Noemax Web site to any country.

If the Product contains cryptographic functionality, You may download it only to countries for which Noemax has obtained either a general export license or an individual export license specifically for You. The list of Noemax products that contain cryptographic functionality and the list of countries for Noemax has obtained a general export license is available on the Web site www.noemax.com.

6. IMPORT, USE & RE-EXPORT

You are solely responsible for identifying and complying with any laws, regulations, restrictions and controls that may be applicable to You concerning the import, possession, Use and re-export of the Product, and for obtaining any licenses, permits or approvals that might be required.

7. TERM & TERMINATION

The term of this License will begin as of the date that You obtain the Product and will remain in force for as long as You use the Product in compliance with all the terms and conditions of this License or until You decide to terminate it. Upon its termination You must remove and destroy all copies of the Product. All provisions of this License, with the exception of section "Grant of License", shall remain in force even after any termination.

8. WARRANTY

The Product is available free of charge. It is provided without warranty of any kind 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 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 person or legal 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 (a) 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, (b) supersedes in their entirety any and all purchase orders, prior agreements, understandings and other communications, whether written or oral, and (c) 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 11_01_08

 
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