Rolosoft End-User License Agreement
By purchasing, installing, or otherwise using the product identified above and/or its related materials, you agree to be bound by the terms and conditions of this License Agreement. Check the box "I Agree" if you agree.
This license agreement (“LICENSE”) is a legal agreement between you (either an individual or a single entity, also referred to as "LICENSEE", "YOU") and Rolosoft.com., ("ROLOSOFT"), for the software containing this LICENSE which may also include the software’s source code written in a high-level computer language, associated media, printed materials, and "online" or electronic documentation (collectively referred to as “SOFTWARE”).
Any earlier license we may have granted to you for the use of earlier versions of the SOFTWARE is replaced by this LICENSE.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and contains confidential information and trade secrets. ROLOSOFT retains all rights not expressly granted to you in this LICENSE.
GRANT OF LICENSEROLOSOFT hereby grants to you, and you accept, a non-exclusive , non-transferable license to install, copy, and use SOFTWARE only as authorized below.
TRIAL LICENSEYou are granted a license for evaluation purposes only. You are authorized to install, copy, and use the SOFTWARE for the sole purpose of testing its functionality. You are not allowed to integrate it in end products or use it for any commercial purpose.
The SOFTWARE is licensed per server. This means that each server accessing the SOFTWARE for production purposes must obtain the right to do so by purchasing an individual product license.
For various products, frequent DATABASE UPDATES may be required. DATABASE UPDATES will be provides seperately and are subject to the same terms and conditions as the SOFTWARE with which it is associated.
At no time may the SOFTWARE be used for development purposes by other individuals than the licensed customer(s).
The SOFTWARE may not be distributed part of products that have the same or substantially the same primary functionality.
You are not allowed to resell, transfer, rent, lease, or sublicense the SOFTWARE and your associated rights. Under no circumstances shall you grant further redistribution rights to the end-users of your solution.
You may not use the ROLOSOFT product names, logos or trademarks to market YOUR SOFTWARE.
You are not allowed to disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of SOFTWARE provided in object code form only.
You are not allowed to use, copy, modify, or merge copies of the SOFTWARE and any accompanying documents except as permitted in this LICENSE.
You agree to indemnify, hold harmless, and defend ROLOSOFT and its resellers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of YOUR SOFTWARE.
ROLOSOFT shall deliver to LICENSEE a master copy of the SOFTWARE licensed hereunder in electronic files only. Documentation shall also be provided in electronic format (either online or packaged with the SOFTWARE installation).
You are eligible for free minor upgrades (e.g. v.1.5 to v.1.8), patches, and bug-fixes for the SOFTWARE. SOFTWARE labelled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this LICENSE.
If you have purchased "DATABASE UPDATES", you are entitled to one year of updates from the date of purchase.
This LICENSE shall last as long as you use the SOFTWARE and where appropriate DATABASE UPDATES in compliance with this LICENSE. ROLOSOFT may terminate this LICENSE if you fail to comply with any of the terms and conditions herein. In such event you agree to remove and destroy all copies of the SOFTWARE and any applicable source code.
ROLOSOFT reserves the right to discontinue at any time any product, shall it be offered individually or as a part of a product SUITE. However, ROLOSOFT is obligated to provide the proper level of support for all discontinued products for a period of 1 (one) year after the date of discontinuance.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, and any trademarks or service marks of ROLOSOFT are owned by ROLOSOFT. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This LICENSE grants you no rights to use such content.
ROLOSOFT warrants solely that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (60) days. ROLOSOFT does not warrant the use of the SOFTWARE will be uninterrupted or error free at all times and in all circumstances, nor that program errors will be corrected. This limited warranty shall not apply to any error or failure resulting from (i) machine error, (ii) LICENSEE's failure to follow operating instructions, (iii) negligence or accident, or (iv) modifications to the SOFTWARE by any person or entity other than ROLOSOFT. In the event of a breach of warranty, LICENSEE 's sole and exclusive remedy, is repair of all or any portion of the SOFTWARE. If such remedy fails of its essential purpose, LICENSEE 's sole remedy and ROLOSOFT's maximum liability shall be a refund of the paid purchase price for the defective SOFTWARE only. This limited warranty is only valid if ROLOSOFT receives written notice of breach of warranty within thirty days after the warranty period expires.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ROLOSOFT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, ROLOSOFT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE LICENSE FEES LICENSEE PAID TO ROLOSOFT FOR THE PRODUCT GIVING RISE TO SUCH DAMAGES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ROLOSOFT IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. ANY DATA INCLUDED IN A PRODUCT UPON SHIPMENT FROM ROLOSOFT IS FOR TESTING USE ONLY AND ROLOSOFT HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING THEREFROM. THE EXTENT OF ROLOSOFT'S LIABILITY FOR THE LIMITED WARRANTY SECTION SHALL BE AS SET FORTH THEREIN.
This License will be governed by the law of the United Kingdom, UK. If any provision of this LICENSE is to be held unenforceable, such holding will not affect the validity of the other provisions hereof. Failure of a party to enforce any provision of this LICENSE shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. This License represents the entire understanding between the parties with respect to its subject matter.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN ROLOSOFT AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.
