IMPORTANT NOTICE TO END USER: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRES BY OR FOR AN ENTITY, AN ENTITY) AND SPKET. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THIS SOFTWARE. IT PROVIDES A LICENSE TO USE THIS SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING OR INSTALLING THE SOFTWARE YOU ARE INDICATING YOUR ASSENT TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE OR DISCONTINUE USE IMMEDIATELY AND DESTROY ALL COPIES.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
Subject to the terms and conditions of this License, Spket grants to you, if you are an individual, or, if you are an entity, you must designate one individual within your organization a personal, non-exclusive, non-transferable, limited license, and royalty free right to use the Product for the purposes described in the Documentation. You may install the Product on a reasonable number of machines provided that the user is the only individual permitted to use the Product.
You may purchase from Spket or its authorized reseller additional licenses to permit multiple users to use the Product. Such rights are conditioned upon your payment of the applicable fees. You agree that you will not designate more users than the number of user Licenses that Spket or its authorized reseller has expressly granted to you and you will not allow the Product to be used by any individuals other than the users designated by you from time to time.
If the Software is licensed with site license terms, you may make, use and install unlimited copies of the Software within the organization site. This excludes Client Devices outside the organization, such as the home-computers of the students and staff members.
Unless otherwise indicated, a valid license to use the registered version includes the right to install free version updates, patches, bug-fixes and major upgrades, provided that the release date of the upgrade is within 1 year from the date of the license purchase.
Provided that you are distributing the evaluation version and NOT the registered version, you are hereby licensed to make as many copies of the evaluation version of the Software as you wish; give exact copies of the original evaluation version to anyone; and distribute the evaluation version of the Software in its unmodified form via electronic means. There is no charge for any of the above.
You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the Software with other products (commercial or otherwise) without prior written permission.
You may NOT redistribute any derivative works of the Software without prior written permission from Spket.
Subject to the transferee's agreement in writing to be bound by the terms of this License Agreement, you may permanently transfer all of your rights under this License Agreement by transferring all media, all upgrades and all related documentation together with this License Agreement. You may retain no copies of the Software or related documentation. If the Software and related documentation is an upgrade to an earlier licensed release of the Software, any transfer must include all prior releases of the Software and documentation.
Without prejudice to any other rights, Spket may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of The Software.
SPKET EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPKET OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY OTHER PECUNIARY LOSS, ATTORNEY FEES AND COURT COSTS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SPKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.