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