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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
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