Rendili Cosmos End User License Agreement
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and RENDILI LIMITED for the RENDILI COSMOS ("COSMOS") software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, "SOFTWARE PRODUCT"). By 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, you may not use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold. The SOFTWARE PRODUCT is owned and copyrighted by RENDILI LIMITED and its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. RENDILI LIMITED's third party suppliers may protect their rights in the event of any violation of these License Terms.
INTRODUCTION. The SOFTWARE PRODUCT is comprised of any or all of the following components: (i) the core file components, (ii) COSMOS Database Scripts, (iii) COSMOS Database Schema, (iv) COSMOS Database Stored Procedures, (v) COSMOS Image Files, (vi) COSMOS Documentation, (vii) COSMOS "Online" Documentation.
This EULA describes your rights with respect to the SOFTWARE PRODUCT and its components. The following terms govern your use of the specified SOFTWARE PRODUCT unless you have a separate written agreement with RENDILI LIMITED.
1. GRANT OF LICENSE. This EULA grants you the following rights:
Standard Use. You may install and use one (1) copy of the SOFTWARE PRODUCT on a single server and for a single company. You must disclose and reveal to RENDILI LIMITED the name of the company on which the SOFTWARE PRODUCT will be installed and used. "Use" means storing, loading, installing, executing or displaying the SOFTWARE PRODUCT.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Support Services. RENDILI LIMITED may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code or alteration in database schema 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.
* Software Updates and Patches. Software updates and patches will be free for a time period of twelve (12) months starting the same day that the SOFTWARE PRODUCT is supplied. Any future Updates, version Upgrades and Ongoing Support is NOT included with the SOFTWARE PRODUCT.
* License Term Verification. RENDILI LIMITED reserves the right to check all licensees to verify compliance with this EULA. In order to verify this compliance, you understand and acknowledge that the SOFTWARE PRODUCT may collect and send back information to RENDILI LIMITED about the location where the SOFTWARE PRODUCT has been installed. This information is entirely restricted to the IP address where the SOFTWARE PRODUCT is installed; no other information will be collected or sent back to RENDILI LIMITED.
* Confidential Information. The term "Confidential Information" means any information or material, which is proprietary to RENDILI LIMITED, whether or not owned or developed by RENDILI LIMITED, which is not generally known other than by RENDILI LIMITED, and which you have obtained through RENDILI LIMITED. Confidential Information includes without limitation: trade secrets, technical information, product design information, database scripts, database schema, source code and/or object code, copyrights and other intellectual property associated with the SOFTWARE PRODUCT.
* Limitations 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.
* Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA.
3. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY RENDILI LIMITED.
4. TERMINATION. Without prejudice to any other rights, RENDILI LIMITED 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 and all of its component parts.
5. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, the accompanying "online" materials, and any copies of the SOFTWARE PRODUCT are owned by RENDILI LIMITED or its suppliers. Copyright laws and international treaty provisions protect the SOFTWARE PRODUCT. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed or "online" materials accompanying the SOFTWARE PRODUCT.
LIMITED WARRANTY. RENDILI LIMITED SOFTWARE guarantees that: (a) during a time period of forty five (45) days starting at the same date of the SOFTWARE PRODUCT acquisition, the SOFTWARE PRODUCT will work and operate conforming to the terms and conditions of the provided documentation, and that (b) any technical support supplied by RENDILI LIMITED will be provided according to this EULA. RENDILI LIMITED will be either in position to (a) repair the SOFTWARE PRODUCT or (b) replace the SOFTWARE PRODUCT. The SOFTWARE PRODUCT replacement will be guaranteed during the rest of the original warranty time period or during thirty (30) days, choosing from both periods the larger one. The present warranty will be terminated if the SOFTWARE PRODUCT fails as result of an accident, abuse or misuse.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, RENDILI LIMITED and its suppliers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the software product, and the provision of or failure to provide support services.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall RENDILI LIMITED 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 RENDILI LIMITED has been advised of the possibility of such damages.
ALL SALES ARE FINAL. When you purchase the SOFTWARE PRODUCT you are acquiring template source code, the SOFTWARE PRODUCT binary code and digital information. The SOFTWARE PRODUCT sale is final. RENDILI LIMITED under no circumstances will be in the obligation of returning the amount paid for the SOFTWARE PRODUCT.
Wherever you acquire this software your local law may apply.