END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using Table Optimizer (“Software”) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract beetwen you and Dariusz Was (“Dariusz Was”, “our”, “we” or “us” as appropriate) and you agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by us your use of Table Optimizer indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, we grant to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Table Optimizer in accordance with this Agreement and any other written agreement with us. We do not transfer the title of Table Optimizer to you; the license granted to you is not a sale. This agreement is a binding legal agreement between us and the purchasers or users of Table Optimizer.
If you do not agree to be bound by this agreement, remove Table Optimizer from your computer now and, if applicable, promptly return to us by mail any copies of Table Optimizer and related documentation and packaging in your possession.
Table Optimizer and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Table Optimizer contact firstname.lastname@example.org
3. USER AGREEMENT
Your license to use Table Optimizer is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Table Optimizer.
3.2 Use Restrictions
You shall use Table Optimizer in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Table Optimizer together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Table Optimizer may be used on one single computer location by one user. Use of Table Optimizer means that you have loaded, installed, or run Table Optimizer on a computer or similar device. If you install Table Optimizer onto a multi-user platform, server or network, each and every individual user of Table Optimizer must be licensed separately.
You may make one copy of Table Optimizer for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Table Optimizer. The assignment, sublicense, networking, sale, or distribution of copies of Table Optimizer are strictly forbidden without our written consent. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Table Optimizer. If any person other than yourself uses Table Optimizer registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Table Optimizer. Nor can you create any derivative works or other works that are based upon or derived from Table Optimizer in whole or in part.
Our name, logo and graphics file that represents Table Optimizer shall not be used in any way to promote products developed with Table Optimizer. We retain sole and exclusive ownership of all right, title and interest in and to Table Optimizer and all Intellectual Property rights relating thereto.Copyright law and international copyright treaty provisions protect all parts of Table Optimizer, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for us.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend us, our employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of our Software.
In no event (including, without limitation, in the event of negligence) will we, our employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Table Optimizer or the use or inability to use Table Optimizer or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Our entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by us) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to us.
Except as expressly stated in writing, we make no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Poland applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Poland therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Table Optimizer and destroy all copies of Table Optimizer supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY TABLE OPTIMIZER AS WELL.
5. CONSENT OF USE OF DATA
You agree that we may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Table Optimizer. We may also use this information to provide notices to you which may be of use or interest to you.