GDL Web Control End-user License Agreement
1. Grant of License.
r Subject to your compliance with the terms and conditions contained in this End-User Software License Agreement ("Agreement"), Graphis oft R&D zrt ("Supplier") grants to you a royalty-free, non-exclusive, non-transferable license (the "License") to use its accompanying proprietary software and any accompanying electronic documentation (collectively, the "Software"), solely for your own lawful use. The S oftware may be installed only on computers controlled by you. The Software will be installed on your computer upon your acceptance of this Agreement.
2. Ownership of the Software/Restricted Use.
Supplier owns all title and proprietary rights in andto the Software and all copies thereof, all of which contain valuable trade secrets of Supplier. This License is NOT a sale of the Softwar e or any copy of it. This License does not include the right to sublicense the Software and is personal to you, and therefore may not be a ssigned (by operation of law or otherwise) or otherwise transferred by you without the prior written consent of Supplier. Without limiting the foregoing, you may not sell, license, sublicense, lend, rent, lease or otherwise transfer the Software. You acknowledge that the Soft ware in source code form remains a confidential trade secret of Supplier and you agree not to reverse engineer, decipher, decompile, modif y or disassemble the Software, incorporate the Software in whole or in part in any other software or product, or develop derivative works of the Software or allow others to do so, or to attempt to do any of the foregoing, without the express prior written consent of Supplier.
3. Restriction on Copying.
You may not copy the Software or permit others to copy the Software, except for bac event of a software malfunction. Supplier does not warrant that your use of the Software will be uninterrupted or error-free. The entire risk as to the quality and performance of the Software and any related products and services and any content provided thereby remains with you and, should any of the foregoing prove defective or harmful, you assume the entire risk and cost of servicing, repair or correction.
6. Limitations on Liability.
Supplier, its affiliates, and any licensors, agents, suppliers and distributors thereof, including without limitation any content providers, disclaim all liability for, and under no circumstances shall be liable to you or any other person or entity for, actual or alleged damages of any kind or character (including without limitation special, indirect, punitive or consequential damages), whether in contract, tort or otherwise, including but not limited to, loss of goodwill, computer failure or malfunction, loss of data, loss of profit, loss of use, stoppage or interruption of business, breach of any trademarks, trade names, trade secrets, copyrights or other proprietary rights of any third parties, or any other commercial damages or losses of any kind, arising out of or relating to the use or performance or non-performance of the Software and/or related products and services (including, without limitation, the loading of content or other information in the Software or any decision made or action taken by you in reliance thereon), whether or not foreseeable and even if Supplier is advised of the possibility of such damages.
7. Term and Termination of License.
This Agreement and the License granted in it shall continue until Supplier announces its termination, and Supplier may terminate the License granted at any time if you are in breach of any of this Agreement's terms and conditions. Upon any termination, or if you should give up your personal use and control of the computers on which the Software is installed, you agree to destroy all copies of the Software and any related materials in any form.
8. General.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN YOU AND SUPPLIER AND SUPERSEDES ANY PROPOSAL, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND SUPPLIER OR ITS AFFILIATES RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT. If any provision of this Agreement is held to be unenforceable in any jurisdiction for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (a) of such provision under other circumstances or jurisdictions, or (b) of the remaining provisions hereof under all circumstances or jurisdictions. Headings shall not be considered in interpreting this Agreement. This Agreement may be assigned or transferred by Supplier. This Agreement will be governed and controlled in accordance with the Austrian law. Any disputes arising from this Agreement, including those disputes relating to the validity, interpretation or termination of the Agreement shall be exclusively and finally settled by an arbitrate tribunal formed beside the Austrian Federal Economic Chamber, Vienna according to its own rules of procedure. Place of jurisdiction shall be in Vienna.
INQUIRIES
All inquiries regarding this Agreement should be directed to Graphisoft R&D zrt.
Záhony utca 7.
Budapest
H-1031 Hungary

North America
