License Agreement
Smaxe License Agreement
This is a legal agreement ("Agreement") between You (either an individual or an entity) ("Licensee"), and Smaxe Ltd. ("Smaxe").
IMPORTANT [PLEASE READ CAREFULLY]: BY INSTALLING, USING OR COPYING THE SOFTWARE OR ANY RELATED DOCUMENTATION ("SOFTWARE") YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE SOFTWARE.
1. Definitions
a) "Evaluation License Key" means an alphanumeric code or similar installation
that allows using the Software for evaluation purposes for a limited period of time
which shall commence on the day of registratio, and terminate pursuant
to the provisions defined by the Evaluation License Grants section of this Agreement.
b) "License Key" means an alphanumeric code or similar installation
that allows the Licensee to use the Software.
2. Ownership and License
The Software is owned by Smaxe, copyrighted and protected by copyright laws
and international treaty provisions. The Software is licensed, not sold. By
installing or using the Software you will not acquire any rights to the
Software except as expressly set forth in this Agreement. All rights not
expressly granted herein are reserved by Smaxe.
3. Evaluation License Grants
Subject to the terms and conditions of this Agreement, Smaxe hereby grants to
you a non-exclusive, non-transferable right to use 1 (one) copy of the specified
version of the Software and the Documentation for the sole purposes of
evaluation during the period of 30 (thirty) calendar days, and create a copy of
the Software for backup purposes.
4. License Grants
Subject to the payment of the applicable license fees, and to the terms and
conditions of this Agreement, Smaxe hereby grants to you a non-exclusive,
non-transferable right to use the specified version of the Software and
Documentation on the number of workstations that corresponds to the number of
licenses purchased.
5. License Restrictions
You may NOT:
a) modify, adapt, alter, translate, decompile, reverse engineer, or disassemble the Software;
b) remove any proprietary notices or labels on the Software;
c) make more copies of the Software than the number of the obtained licenses (excluding a copy for backup purposes);
d) rent, lease, or otherwise transfer rights to the Software.
e) distibute the Software in any form.
5.1. Evaluation License Restrictions
In addition to the general restrictions denoted in the License Restrictions
section, as the holder of the Evaluation License
you may NOT:
a) use the Software for commercial purposes;
b) use the Software after expiration of the evaluation period.
6. Marketing
You agree to be identified as a customer of Smaxe and You agree that Smaxe
may refer to You by name, trade name and trademark, if applicable, and may
briefly describe Your business in Smaxe's marketing materials and web sites.
You hereby grant Smaxe a license to use Your name and any of Your trade names
and trademarks solely in connection with the rights granted to Smaxe pursuant
to this marketing section.
7. Disclaimer of Warranty
THE SOFTWARE AND ANY RELATED DOCUMENTATION ARE PROVIDED ON A STRICTLY "AS IS"
BASIS 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 REMAINS WITH YOU.
8. Limitation of Liability
IN NO EVENT SHALL SMAXE OR ITS SUPPLIERS BE LIABLE FOR ANY 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 THIS SMAXE PRODUCT, EVEN IF
SMAXE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Termination
Licensee may terminate this Agreement at any time by destroying all copies of
the Software. This Agreement will terminate immediately without notice from
Smaxe if it is discovered that the Licensee fails to comply with any provision
of this Agreement. Upon such termination, the Licensee must destroy all copies
of the Software. Sections 7. Disclaimer of Warranty and 8. Limitation of
Liability shall remain effective after the termination of this Agreement.