HEKASOFT – SOFTWARE LICENSE AGREEMENT FOR END-USER
EULA – SOFTWARE LICENSE AGREEMENT FOR END USER WITH HEKASOFT.
BY CLICKING THE “ACCEPT” BUTTON OR BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE BUTTON “ACCEPT” AND DO NOT INSTALL OR USE ANY PART OF THE HEKASOFT SOFTWARE.
1. COPYRIGHT AND OWNERSHIP
In accordance with the provisions of Law 633/1941 and subsequent amendments and additions, the provision of services/products described herein, does not imply that the customer ownership of software products by Hekasoft, but the assignment of a right of use in accordance with terms indicated in article “license Terms” of this contract. As produced by Hekasoft is its exclusive property and is protected nationally and internationally by the author’s rights and other intellectual property rights.
2. GRANT OF LICENSE
Hekasoft grants you a non-exclusive license to use the Product. This Agreement will also govern any software upgrades provided by Hekasoft that replace and / or supplement the original Product, unless such upgrades are accompanied by a separate license, in which case will determine the terms of that license.
3. LICENSE TERMS
Through this contract Hekasoft grants the user a non-exclusive right to use the software.
3.1. The user is authorized to:
a) use the software until the expiry of the period;
b) create their own copy of the software for security purposes;
3.2. The user is not authorized to:
a) use the software for the direct provision of payment services for third parties;
b) modify the software in any part, without exception;
c) access to any source with any purpose (including that of appropriating, copy, reuse, etc.).
d) transmit or provide access to any third-party sources;
e) assign sub-license, rent, sell, lease, software or any part thereof.
4. DISCLAIMER OF WARRANTIES.
THE PRODUCT IS PROVIDED “AS IS” WITH ALL FAULTS. UNDER THE RULES OF LAW, HEKASOFT THEIR DISTRIBUTORS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON INFRINGING . YOU ASSUME THE ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. THIS LIMITATION SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
5. LIMITATION OF LIABILITY
a) The user uses the services at your own risk, Hekasoft not be liable to any party for litigation / civil or administrative, indirect, special, incidental, punitive, or consequential damages monies (including but not limited to: damage in case of inability to use or access to services, loss or corruption of data, profits, customers, brand damage, business interruption or the like), resulting from the use of or inability to use the software and based on any theory of liability including breach of contract, negligence, or otherwise, even in the case where the Hekasoft has been advised of the possibility of such damages, and in the event that any provision of this Agreement will not have remedied.
b) Hekasoft can not be held responsible for possible malfunctions of services, from technical problems on equipment, servers, routers, telephone lines, computer networks, etc.. of its properties or companies selected to provide services.
c) Cannot be attributed to Hekasoft malfunctions services, data loss, accidental leakage of personal or sensitive data, and any other type of damage that has occurred as a result of attacks by hackers, thieves, crackers, viruses, etc..
d) Hekasoft can not be held responsible for failures, service interruptions and / or damage due to force majeure such as accidents, fires, explosions, strikes, lockouts, earthquakes, disasters, floods, riots, and other events are difficult or impossible forecasting that could prevent, in whole or in part, to fulfill on time or in the manner agreed to the terms of contract.
e) Hekasoft can not be held responsible for the malfunction of the services due to non-compliance and / or obsolete equipment which users or third parties have.
f) Hekasoft can not guarantee you guaranteed revenues from the exploitation of the services.
g) In the event that the user would operate modification or alteration of any kind to the services offered (for information not limited to: changes to the code, the arrangement of folders and / or files, their names, etc..) Hekasoft can not be held responsible for any damage or malfunction. If you require assistance to fix damage caused by him or by third parties, charges will apply in use by Hekasoft in the current period.
h) If a limitation, exclusion, restriction or other provision contained in this agreement is unenforceable for any reason by a competent court and consequently Hekasoft become liable for loss or damage, such liability, by contract or other civil can not exceed the list price applied by Hekasoft for software sold.
Pursuant to and for the purposes of Articles. 1341 and 1342 of the Civil Code By accepting this agreement you declare aware of every part, aware of your rights, and you understand and agree, with the explicit acceptance of the Articles. 3, 4, 6, 8, 9, 10, 11, 12, 13.