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End-User License Agreement (EULA) | |
This End-User License Agreement ("EULA") is a legal agreement between the end | |
user (the "Licensee" or "You") and Andrii Burkatskyi (the "Licensor"). | |
This EULA governs Your acquisition and use of any products and services, which | |
may include computer software and associated documentation (the "Software") | |
directly from Andrii Burkatskyi or indirectly through an authorized reseller or | |
distributor (a "Reseller"). | |
Please read this EULA agreement carefully before completing the installation | |
process and using the Software. It provides a license to use the Software and | |
contains warranty information and liability disclaimers. | |
By downloading, installing or otherwise using the Software or receiving the | |
services, You agree to be bound by the terms of this EULA. If You do not agree | |
with the terms of this EULA, do not use the software or services. | |
If You are entering into this EULA agreement on behalf of a company or other | |
legal entity, You represent that You have the authority to bind such entity and | |
its affiliates to these terms and conditions. If You do not have such authority | |
or if You do not agree with the terms and conditions of this EULA agreement, do | |
not install or use the Software, and You must not accept this EULA agreement. | |
This EULA agreement shall apply only to the Software supplied by the Licensor | |
herewith regardless of whether other software is referred to or described | |
herein. The terms also apply to any the Licensor updates, supplements, | |
Internet-based services, and support services for the Software, unless other | |
terms accompany those items on delivery. If so, those terms apply. | |
1. Definitions | |
In this EULA the expressions below shall have the meaning assigned to them in | |
this clause, unless the context requires otherwise: | |
- The "Software" means any the Licensor products and services and includes: | |
all its components developed and licensed by the Licensor; any revisions, | |
updates and/or upgrades thereto; anything in any form whatsoever intended to | |
be used with or in conjunction with the Software; any associated media and | |
documentation. | |
- "Host" means any physical or virtual machine which is directly controlled by | |
You or an individual, a company or other legal entity on which behalf You are | |
acting. | |
2. License Grant | |
The Licensor hereby grants You a personal, non-transferable, non-exclusive | |
licence to use the Software on Your devices in accordance with the terms of | |
this EULA agreement. The Software is licensed, not sold. | |
3. Transfer | |
Licensee may not sell, assign, or transfer the Software or the License granted | |
by this EULA without prior written consent of the Licensor. | |
4. Intellectual Property and Ownership | |
The Licensor shall at all times retain ownership of the Software as originally | |
downloaded by You and all subsequent downloads of the Software by You. The | |
Software (and the copyright, and other intellectual property rights of whatever | |
nature in the Software, including any modifications made thereto) are and shall | |
remain the property of the Licensor. | |
Andrii Burkatskyi reserves the right to grant licences to use the Software to | |
third parties. | |
5. Permissible Use | |
You are permitted to: | |
- load and install the Software on one Host only, unless You have more then one | |
purchased license (in which case You agree not to exceed the permitted number | |
of licenses); | |
- use the Software for any commercial purpose (except reproduce, copy, | |
distribute or resell the Software). | |
6. Prohibited Use | |
You are not permitted to: | |
- reproduce, copy, distribute, resell or sublicence the Software or otherwise | |
make available the Software to third parties, including by rental, | |
Software-as-a-Service models or otherwise | |
- allow any third party to use the Software on behalf of or for the benefit of | |
any third party; | |
- redistribute the Software on any Hosts which is not directly under Your | |
control | |
- combine the whole or any part of the Software with or become incorporated in | |
any other software; | |
- remove or obscure copyright or trademark notices, or the copyright and | |
trademark notices of third parties that have been included in the Software; | |
- claim the Software work as Your own; | |
- use the Software in any way which breaches any applicable local, national or | |
international law; | |
- use the Software for any purpose that the Licensor considers is a breach | |
of this EULA agreement. | |
7. Disclaimer of Warranties | |
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR | |
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, | |
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE | |
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER | |
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, | |
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE | |
SOFTWARE. | |
8. Termination | |
This EULA agreement is effective from the date You get the Software and shall | |
continue until terminated. You may terminate it at any time upon written | |
notice to the Licensor. | |
It will also terminate immediately if You fail to comply with any term of this | |
EULA agreement. Upon such termination, the licenses granted by this EULA | |
agreement will immediately terminate and You agree to stop all access and use | |
of the Software. The provisions that by their nature continue and survive will | |
survive any termination of this EULA agreement. | |
9. Miscellanea | |
- Please send any questions about this EULA to ocmod.space@gmail.com | |
Effective: 2020.02.13 |