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License Agreements

This CosmoSoft.us End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and CosmoSoft Technology for the CosmoSoft.us software product(s) that may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE

Installation and Use. CosmoSoft.us grants you the right to install SOFTWARE PRODUCT on a single web server, web host account or computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each domain (URL) or separate computer on which the Software is installed and run. Except as otherwise provided in Section 2(b), a license for the Software may not be shared, installed or used concurrently on different web servers or computers.
In the event the SOFTWARE PRODUCT is distributed along with other WebAssist software products as part of a suite of products (collectively, the "Suite"), the license of the Suite is licensed as a single product and none of the products in the Suite, including the SOFTWARE PRODUCT, may be separated for installation or use on more than one web server paths or computer.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT.

Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third parties.
Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.

Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.

Support Services. CosmoSoft.us may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the CosmoSoft.us polices and programs described in our Terms of Service, located at http://www.cosmosoft.us/en/terms/. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to CosmoSoft.us as part of the Support Services, CosmoSoft.us may use such information for its business purposes, including for product support and development. CosmoSoft.us will not utilize such technical information in a form that personally identifies you.
Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

3. TERMINATION

Without prejudice to any other rights, CosmoSoft.us may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.

4. COPYRIGHT

All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by CosmoSoft.us or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by CosmoSoft.us.

5. BRAZIL GOVERNMENT RESTRICTED RIGHTS

The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions of the Rights in Technical Data and Computer Software clause at Lay No.9.609 of the Commercial Computer Software Restricted Rights, as applicable.

6. EXPORT RESTRICTIONS

You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to BRAZIL. export restrictions. Restricted countries currently include. You warrant and represent that neither the BRAZIL Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.

7. NOTE ON JAVA SUPPORT

The SOFTWARE PRODUCT may contain support for programs written in Java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage.

8. NO WARRANTIES

CosmoSoft.us expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

9. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall CosmoSoft.us or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if CosmoSoft.us has been advised of the possibility of such damages. In any case, CosmoSoft.us's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or US$5.00. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

10. REFUNDS AND EXCHANGES

CosmoSoft.us Software is considered electronic media (such as Compact Discs) and once you have received the product and/or domain (URL) license code, there is no way to prevent further use. Therefore, all CosmoSoft.us software cannot be refunded or exchanged. Exceptions for refunds:

  • The refund is ordered after the period of 1(one) month after the order is made.
  • When generated any kind of "domain license code" (Exclusive License that enable the product to run over a specific domain name on internet)

In some pertinent cases, CosmoSoft have the right to choose to downgrade the product license and refund the diference price bethween the original price paid for.

11. MISCELLANEOUS

This EULA is governed by the laws of the State of Sao Paulo, BRAZIL.

If you acquired this product in BRAZIL, this EULA is governed by the laws of the sate of Sao Paulo, Brazil. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the state of Sao Paulo and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of Sao Paulo state.
If this product was acquired outside the BRAZIL, then local law may apply.

Should you have any questions concerning this EULA, or if you desire to contact CosmoSoft.us for any reason, please write to:

CosmoSoft Technology

255 - A. Ignacio N. Penido Av. - 19th floor
Sao Jose dos Campos, SP (Brazil) - 12246-000