IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND VTB LLC. USE OF THE SOFTWARE PROVIDED WITH THIS EULA (THE “SOFTWARE”) CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL AND/OR USE THIS SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
1. LICENSE GRANT.
The Software is licensed on per computer basis, not per user, site or company. For example, if a person uses 2 computers, to install and use the Software on every computer, the person must purchase 2 licenses. “User” means the company, entity or individual whose funds are used to pay the license fee. “Use” means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software except as an intended part of the Software programming features. This license is not transferable to any other system, or to another organization or individual.
2. TRIAL and REGISTRATION.
You are granted the right to use the Software without registration solely for the purposes of evaluating the performance of the Software for a period of no more than thirty (30) days. You are expected to use the Software on
your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This “try before you buy” approach is the ultimate guarantee that the Software will perform to your satisfaction.
The Software is owned and copyrighted by VTB LLC. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software.
The Software and all rights, without limitation including proprietary rights therein, are owned by VTB LLC or its suppliers and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the
Software will remain the exclusive property of VTB LLC and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software.
5. REVERSE ENGINEERING.
You agree that you will not attempt to reverse compile, modify, translate, or disassemble the Software in whole or in part.
6. NO OTHER WARRANTIES. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. VTB LLC DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
The Software automatically references, displays, links to and provides web services related to sites and information located worldwide throughout the Internet.
Because VTB LLC has no control over such sites and information, VTB LLC makes no guarantees as to such sites and information, including but not limited to: (a) the accuracy, availability, sequence completeness, currency, content, validity or quality of any such sites and information, or (b) whether they may locate unintended or objectionable content. By using the Software, you acknowledge that VTB LLC makes no representations or warranties with regard to any sites or information displayed by or accessed though the Software.
7. THIRD PARTY ACKNOWLEDGMENTS.
Portions of the Software may utilize or include third party software and other copyrighted material. The use of such material is governed by their respective terms. Certain software libraries and other third party software included with the Software are free software and licensed under the terms of the GNU Library Lesser General Public License (LGPL). You may obtain a complete machine-readable copy of the source code for such free software under the terms of the LGPL without charge except for the cost of media, shipping and handling, upon written request to VTB LLC. The LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without
even the implied warranty of MERCHANTABILITY or FITNESS OF PURPOSE.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL VTB LLC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF VTB LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VTB LLC’s LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
10. GENERAL PROVISION.
This is the entire agreement between you and VTB LLC, which supersedes any prior
agreement or understanding, whether written, or oral, relating to the subject matter of this EULA. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This EULA shall automatically terminate upon failure by you to comply with its terms. VTB LLC, on its sole discretion, may modify this EULA in writing at any time.