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LICENSE

Freeware End User License Agreement, 2007


Describes the terms of SmartUs Ltd.'s standard license for software that is made available as freeware.


IMPORTANT: THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND SmartUs Ltd. READ IT CAREFULLY BEFORE INSTALLING AND USING THE PRODUCT. IT PROVIDES A LICENSE TO USE THE PRODUCT. BY INSTALLING AND USING THE PRODUCT, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE PRODUCT AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT INSTALL THE PRODUCT.


Grantor: SmartUs Ltd.


Product: SmartUs Freeware software hereafter “the Product” is a set of computer programs, information, tutorials, and help files hereafter “Product Elements”.


Grant: SmartUs Ltd. hereby grants a nonexclusive, non-transferable, perpetual license to use this Product on the following terms:


Free License: The license for this version of the Product requires no payment by the user to SmartUs Ltd. or any other party. However, SmartUs Ltd. or another party may require the user to purchase the computer media and pay service charges related to providing the Product to the user.

 

Technical support: Technical support is available from SmartUs Ltd. under a separate technical support agreement.


License: The user is allowed to use all of the programs, data, and documentation included with this Product.

 

The user may

  • install and use any or all Product Elements included in the Product, as specified in the individual Terms of Use or License for each Product Element

  • copy the Product, provided that such copies contain all the original Product's contents and proprietary notices. The user may collect a reimbursement for the costs of producing the copy, but may not charge a licensing fee for the Product

  • permit other individuals to use the Product under the terms listed above.


The user may not

  • extract portions of a Product Element not permitted by the Terms of Use or Licenses for the Product Element

  • translate, reverse engineer, decompile, disassemble, re-engineer or otherwise attempt to discover the source code or the structural framework of the Product, or any portion thereof, except and only to the extent that such activity is expressly permitted by the mandatory provisions of the applicable law notwithstanding this limitation;

  • sell licenses for the Product

  • place the Product or any Product Element on the Internet or any other public access network

  • include the Product or any Product Element in other any collection or other product

  • remove any proprietary notices on the Product or on any Product Element.


Title: Title, ownership rights, and intellectual property rights in and to the Product and all component works within it shall remain in SmartUs Ltd. or the original copyright holders. The Product and all Product Elements within it are protected by international copyright treaties.


Warranty: SmartUs Ltd's expectation is that the Product, if used as directed and in conjunction with the operating systems for which it was designed, will substantially achieve the functionality described in the documentation. SmartUs Ltd. does not warrant, however, that use of the Product will be uninterrupted or that its operation will be error free. SmartUs Ltd.'s sole obligation under this warranty will be, at its sole discretion, to replace any defective media which is provided by SmartUs Ltd. to the user and which is reported by the user to SmartUs Ltd. within 90 days from the date of shipment.


Limitation of Liability: The user accepts and agrees that to the maximum extent permitted by the applicable law, in no event shall SmartUs Ltd. be liable for any indirect, incidental, special, consequential, punitive or exemplary damages or expenses of any nature whatsoever (including but not limited to loss of profits, loss of revenue, cost of cover purchase, injury to property reputation, loss or damage to data, resulting from any cause and for any other financial or other loss whatsoever) arising from or in any way related to the use of or inability to use the Product or the Product Elements or otherwise under or in connection with any provision of the terms and conditions of this EULA even in the event of fault, strict liability, breach of contract or breach of warranty of SmartUs Ltd. and even if SmartUs Ltd. has been advised of such damages.

 

Except to the extent any liability of SmartUs Ltd. is not capable of being excluded at law, notwithstanding any damages the user may incur for any reason whatsoever, the entire liability of SmartUs Ltd. and the user’s exclusive remedy hereunder shall be limited to the actual damages incurred by the user up to the amount actually paid by the user for the Product.