END-USER LICENSE AGREEMENTThis End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the Author of this Software ("Sinática") for the Software Product "Sinática Monitor", which includes computer software and may include associated media, printed materials, and online or electronic documentation ("Software Product"). The Software Product also includes any updates and supplements to original software provided to you. By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this EULA.
If you do not agree to any of the terms of this EULA, you are not permitted to use the Software Product in any way, and all copies of it must be deleted from your system(s).
The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
The Software Product is licensed, not sold.
1) GRANT OF LICENSE - Sinática grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA:
a. General Software License Grant. You are granted a non-exclusive right to install and use the Software Product. Sinática grants the use of the Software Product according to one of the license types below as identified in the product title.
i. Trial version (No costs). Use of the Software Product without purchase of a License shall be limited to evaluation purposes only. You agree not to use the Software Product beyond the expiration or termination of the trial period. You acknowledge and agree that the Software Product may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer or device after deletion of the Software Product to prevent you from installing another copy of the Software Product and repeating the trial. You acknowledge and agree that the Software Product may contain functional limitations not present in other license types.b. Disassembly. You may not modify this product in any manner. You shall not, nor allow others to copy, in whole or in part, emulate, sub-license, sell, transfer, exploit, alter, translate, modify or adapt the Software Product nor decompile, dissemble or reverse engineer the same nor attempt to do such thing.
ii. Full License. If you purchased a Full License, Sinática grants to you one (1) personal, nontransferable, non-exclusive license to use copies of the Software Product and install such Software on your machine(s) for your single concurrent internal use. Use of the Software Product by other individuals is permitted only if said other individual has been licensed to use the Software Product.
c. Rental. You may not lease or rent the Software Product.
d. Proprietary notices. You may not remove any proprietary notices or labels on the Software Product.
e. Derived Works. You agree that you will not use the Software Product to develop derived works that offer similar functionality as the Software Product or expose the features of the Software Product for use by an unlicensed third party.
f. Download. You may not expose the Software Product for public download.
g. Reservation of Rights. Sinática reserves all rights not expressly granted herein.
2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Consideration. For the rights and license granted in this EULA you will pay Sinática the currently published retail price available at sinatica.com or another mutually agreed upon amount to appear on a valid invoice.
b. Termination. Without prejudice to any other rights, Sinática 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.
c. Term. The term of this EULA shall continue perpetually from the date of purchase unless terminated according to the provisions in section 2b.
3) SOFTWARE MAINTENANCE AND UPDATES
a. Sinática periodically releases updates to existing versions, and also complete new versions, of the Software Product. For a period of one year following the purchase of the Software Product, updates and new versions are free of costs.
b. If this copy of the Software Product is an upgrade from an earlier version of the Software Product, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software Product to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software Product or transfer it to another person or entity unless such transfer is otherwise valid according to the terms of this EULA.
a. All title and copyrights in and to the Software Product (including but not limited to any images, photographs, text, and "applets" incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by Sinática. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material.
5) DISCLAIMER OF WARRANTY
a. The Software is provided on an AS IS basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement.
b. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not Sinática assume the entire cost of any service and repair.
c. Sinática is not responsible for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.