SOFTWARE PRODUCT LICENSE AGREEMENT

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK “DISAGREE/DECLINE”. FOR SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.

  1. General The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “Software Product”) are licensed, not sold, to you by HJGSoft for use only under the terms of this License, and HJGSoft reserves all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by HJGSoft that replace and/or supplement the original HJGSoft Software Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Title and intellectual property rights in and to any content displayed by or accessed through the Software Product belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content. It is not allowed to approach the digital images that are part of the Software Product as standards or use the digital images outside of the context of the intended use of the Software Product.
  2. Permitted License Uses and Restrictions.
    1. This License allows you to install on one computer (or 1 Oracle User). You may install and use one copy of the Software Product in machine-readable form or full version on one computer. You are not allowed to install and/or use the Software Products on more than one computer at the time or make the Software Product available on a network for the purpose of using it on more than one computer. You may make one copy of the Software Product in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
    2. Trial License. When using the trial version of the Software Product, you may download and use the Software Product on one computer, with the only purpose of evaluate the Software Product. The trial version of the Software Product expires ten (10) days after the date of first launch. After the trail version is expired, you are able to open your files but the functionality will not be usable.
    3. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software Product or any part thereof. THE SOFTWARE PRODUCT IS NOT INTENDED TO BE USED IN THE OPERATION OF NUCLEAR INSTALLATIONS, AIRCRAFT MANAGEMENT, COMMUNICATION SYSTEMS, AIR TRAFFIC MANAGEMENT SYSTEMS, MACHINES FOR THE MAINTENANCE OF LIFE FUNCTIONS OR OTHER EQUIPMENT WHICH MAY RESULT IN DEATH BECAUSE OF THE USE OF THE SOFTWARE PRODUCT, PERSONAL INJURY OR SERIOUS DAMAGES TO PEOPLE, BUSINESS OR ENVIRONMENT.
  3. Transfer. You may not rent, lease, lend or sublicense the Software Product. You may, however, make a one-time permanent transfer of all of your license rights to the Software Product to another party, provided that: (a) the transfer must include all of the Software Product, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Software Product, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Software Product reads and agrees to accept the terms and conditions of this License. All components of the Software Product are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. It is forbidden to (put up for) rent, to (put up for) lease, to redistribute, sublicense or transfer if it has been changed or replaced under paragraph 2.3.
    Updates: If a Software Product update completely replaces (full install) a previously licensed version of the Software Product, you may not use both versions of the Software Product at the same time nor may you transfer them separately.
    Academic Copies: If the Software Products has an academic label or if you acquired the Software Product at an academic discount, you must be an Eligible Educational End User to use the Software Product. “Eligible Educational End Users” means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools).
  4. Consent to Use of Data. You agree that HJGSoft and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software Product. HJGSoft may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
  5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from HJGSoft if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software Product and destroy all copies, full or partial, of the Software Product.
  6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HJGSOFT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HJGSOFT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HJGSOFT OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
  7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HJGSOFT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF HJGSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall HJGSoft’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty euros (€50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.