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Please read the terms and conditions of this End User License Agreement (EULA)
carefully before using this software.
Download, set-up, install, configure and / or use all or any portion of this
software means that you agree with the terms of this EULA.
If you do not agree to these terms, you must promptly cease all further download,
installation or use of the software.
It is agreed that certain restrictions under this license only apply to IVENTOY
FREE software or, as the case may be,
to IVENTOY PROFESSIONAL software.
1. DEFINITIONS
1.1. In this EULA, LONGPANDA means longpanda support@iventoy.com as the author,
publisher and owner of the SOFTWARE PRODUCT.
1.2. LICENSEE means you, as either an individual or single entity who enters into
the IVENTOY EULA.
1.3. SOFTWARE PRODUCT means IVENTOY in its PROFESSIONAL and FREE versions,
license key, associated software, software components, media, data, printed
materials, and "online" or electronic
documentation, depending on the product type purchased or freely used by the
LICENSEE, as the case may be, being
understood FREE versions of the software are offered free of charge.
1.4. LICENSE KEY means the license file provided by LONGPANDA to IVENTOY
PROFESSIONAL LICENSEE which contains license
ID, machine code and other information.
2. LICENSE
2.1. In consideration of your undertaking to comply with the terms and conditions
of this EULA, LONGPANDA grants you,
LICENSEE, a nonexclusive single license to use a single instance of the SOFTWARE
PRODUCT on a single computer.
2.2. If LICENSEE is agreeing to be bound by this EULA on behalf of the LICENSEE'S
employer or other entity, LICENSEE
represents and warrants to LONGPANDA that LICENSEE has full legal authority to bind
the LICENSEE'S employer or such
entity to this EULA. If LICENSEE does not have the requisite authority, LICENSEE
may not accept the EULA or use the
SOFTWARE PRODUCT on behalf of LICENSEE'S employer or other entity, and in this case
the LICENSEE acceptance of
the EULA terms shall bind the LICENSEE personally.
2.3. It is also agreed that the license granted to the LICENSEE pertaining to
IVENTOY PROFESSIONAL a nonexclusive single
license to use a single instance of the SOFTWARE PRODUCT on at most 5 computers and
is neither transferable to any other
individual or entity, nor movable.
2.4. The entire EULA between the parties regarding its subject matter supersedes
all prior and contemporaneous EULA,
terms sheets, letters of intent, understandings, and communications, whether
written or oral. Any pre-printed terms in any
order forms, quotes, purchase orders or other similar written purchase
authorization that add to, or conflict with or contradict,
any provisions in the EULA will have no legal effect.
2.5. The provisions of this EULA may be amended or waived only by a written
document signed by both parties.
2.6. To the extent LICENSEE has separately entered into a EULA with LONGPANDA
covering the same SOFTWARE
PRODUCT, the terms and conditions of such EULA shall supersede this agreement in
its entirety.
6. NO REFUND
6.1. LICENSEE can use IVENTOY FREE software for free, under its license terms,
before to decide purchasing
IVENTOY PROFESSIONAL software. It is agreed that the LICENSEE knows beforehand
performance, capabilities and
limitations of the IVENTOY PROFESSIONAL software. It is agreed that there are no
refunds given or implied under any
circumstances for the purchase of the IVENTOY PROFESSIONAL software. All amounts
paid by LICENSEE under this EULA
shall be non-refundable and non-recoupable, unless otherwise provided herein.
7. NO WARRANTIES
7.1. THE SOFTWARE PRODUCT, ANY OTHER SOFTWARE FURNISHED WITH OR ACCOMPANYING THE
SOFTWARE PRODUCT AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND.
LONGPANDA EXPRESSLY DISCLAIMS ON BEHALF OF ITSELF, ITS SUPPLIERS AND PROVIDERS, ALL
WARRANTIES
AND / OR CONDITIONS RELATING TO THE SOFTWARE PRODUCT, THE DOCUMENTATION AND ANY
SERVICES,
EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND / OR
CONDITIONS OF
MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LONGPANDA DOES NOT WARRANT THAT THE
FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION
OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL
BE
CORRECTED. FURTHERMORE, LONGPANDA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING
THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE PRODUCT, INCLUDING WITHOUT
LIMITATION WITH
RESPECT TO ITS CORRECTNESS, ACCURACY, SECURITY, RELIABILITY, AVAILABILITY,
COMPLETENESS,
WORKMANLIKE EFFORT, LACK OF VIRUSES, AND LACK OF NEGLIGENCE, ALL WITH REGARD TO THE
SOFTWARE
PRODUCT, AND THE PROVISION OR FAILURE TO PROVIDE MAINTENANCE, SUPPORT OR OTHER
SERVICES,
INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE PRODUCT OR
OTHERWISE
ARISING OUT OF THE USE OF THE SOFTWARE PRODUCT. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE.
8. LIMITATION OF LIABILITY
8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LONGPANDA
BE LIABLE FOR
ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR
OTHER
INFORMATION OR DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF
PRIVACY, FOR
FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR
NEGLIGENCE, AND
FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY
RELATED TO
THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO
PROVIDE
SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE
SOFTWARE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE PRODUCT, OR
OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT
OF THE
FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH
OF
WARRANTY OF LONGPANDA OR ANY SUPPLIER, AND EVEN IF LONGPANDA OR ANY DEVELOPER HAS
BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
11. TERMINATION
11.1. For IVENTOY PROFESSIONAL this EULA shall remain in full force and effect for
the time indicated
under the license acquisition terms and / or license key or otherwise in the life
cycle of the corresponding MAJOR version unless and until
terminated.
11.2. This EULA will terminate immediately, automatically and without notice if
LICENSEE fails to comply with any provision
of this EULA.
11.3. Upon termination, LICENSEE must stop using the SOFTWARE PRODUCT, erase or
destroy all copies of the
SOFTWARE PRODUCT, and destroy all printed information provided with the SOFTWARE
PRODUCT.