CAESS Software End-User License Agreement

for all CAESS software packages such as (but not limited to):

• Licensing software (CaessLMSvcMng, ...)
• Product software (ProTOp, ProTOpCI, ...),

ATTENTION: Please read the terms and conditions of this license agreement carefully before continuing with any of these software packages.

IMPORTANT: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity also “LICENSEE”) and CAESS d.o.o. ("CAESS") for those of above identified CAESS software product(s) you have legally acquired license for, which 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. This license agreement represents the entire agreement concerning the program between you and CAESS, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. You acknowledge that SOFTWARE PRODUCT is being licensed to you and that use of this SOFTWARE PRODUCT is subject to the terms and conditions of this EULA.

ACTIVATION: During activation, license check, or updates check, the SOFTWARE PRODUCT will send information about a specific physical hardware system ("DEVICE") to CAESS. This information includes the license information of the SOFTWARE PRODUCT and information derived from the hardware configuration of the DEVICE(s) running the SOFTWARE PRODUCT. The information sent to CAESS does not represent any personal information. This information cannot be used to determine the make or model of the DEVICE(s) and it cannot be backward calculated to determine any additional information about your DEVICE(s).

The SOFTWARE PRODUCT is protected by copyright laws, laws on authors and related rights, and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. By accepting this EULA you do not become the owner of SOFTWARE PRODUCT but you do have a limited license to use this SOFTWARE PRODUCT in accordance with provisions of his EULA.

1. GRANT OF LICENSE

The SOFTWARE PRODUCT is licensed as follows:

(a) Installation and Use.

• CAESS grants you non exclusive, non assignable, non transferable, without right to sub-license, valid world-wide unless export is prohibited, for duration of rights as granted to CAESS unless rights are owned by CAESS in which case for duration of these rights unless revoked or unless limited elsewhere license to install and use a single copy at any given time unless different number of devices is specified elsewhere of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed.
• No license for derivative work is given, including and not limited to modification, change, extension, enhancement, update, upgrade, improvement , porting to different operating system or platform, creating any new software based on licensed software, any other work identified as a derivative of SOFTWARE PRODUCT.

(b) Backup Copies.

• You may also make up to three copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes only.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

(a) Maintenance of Copyright Notices.

• You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.

(b) Distribution.

• You may not distribute copies of the SOFTWARE PRODUCT to anyone. Evaluation versions available for download from CAESS's web sites may be freely distributed.

(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.

• You agree not to 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.

(d) Rental.

• You may not rent, lease, or lend the SOFTWARE PRODUCT.

(e) Right of first refusal.

• Re-sale of license is not allowed under and pretext or circumstance unless specifically allowed under the law in your jurisdiction. Should you reside in jurisdiction in which re-sale of license is your right, you grant CAESS right of first refusal. Unless unconditional offer is made to CAESS prior to re-sale of this license, it is not permitted to re-sell your license.

(f) Support Services.

• CAESS may at its sole discretion unless specifically provided for elsewhere provide you with support services related to the SOFTWARE PRODUCT ("SUPPORT SERVICES"). 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.

(g) Compliance with Applicable Laws.

• You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

(h) Noncompliance.

• If at any time you are out of compliance with license granted hereunder you will be considered to have acquired additional license at then current list-price to extent to bring you in compliance, and you must, in such case, immediately pay applicable license fees, taxes, maintenance and support fees as they may be applicable, for the whole period of your noncompliance.

3. TERMINATION

Without prejudice to any other rights, CAESS 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 in your possession.

4. COPYRIGHT AND/OR AUTHOR’S AND NEIGHBORING RIGHTS

All title, including but not limited to copyrights and/or author’s and neighboring rights, in and to the SOFTWARE PRODUCT and any copies thereof are owned either by CAESS or by its contractors and/or 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, author’s and neighboring rights or other intellectual property laws and treaties. This EULA grants you no rights to use such content nor any intellectual property rights not specifically enumerated herein. All rights not expressly granted are reserved by CAESS.

5. NO WARRANTIES

CAESS EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• You use the SOFTWARE PRODUCT at your sole discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from using the SOFTWARE PRODUCT.
• The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness for any particular purpose.
• CAESS does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT.
• CAESS makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, or any other harmful software.
• CAESS further expressly disclaims any warranty or representation to Authorized Users or to any third party.

6. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAESS AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

• IN NO EVENT SHALL CAESS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT.
• CAESS SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE SOFTWARE PRODUCT OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
• THESE LIMITATIONS ON CAESS'S LIABILITY SHALL APPLY WHETHER OR NOT CAESS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

7. CHOICE OF LAW

This EULA shall be governed by the laws of Slovenia. Any dispute shall be submitted to the exclusive jurisdiction of the courts of Slovenia excluding its conflict of law provisions.