1.NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This FateSoft Corporation ("FateSoft") End User License Agreement (EULA) accompanies all FateSoft products and related explanatory materials ("SOFTWARE"). The term "SOFTWARE" shall also include any upgrades, modified versions or updates of the Software licensed to you by FateSoft. Please read this License Agreement carefully. If you are reading this prior to electronic distribution, you will be asked to accept this agreement and continue to install or, if you wish to decline this agreement, in which case you will not be able to use the Software.
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.
2.GRANT OF LICENSE
The software is licensed on a per-user basis, Upon issuance of a valid SERIAL NUMBER by FateSoft to you, this License Agreement grants you the following rights:
a. SOFTWARE PRODUCT : FateSoft grants to you as an individual, a non-transferable, nonexclusive license to use the SOFTWARE PRODUCT as follows:
IF YOU PURCHASED A SITE LICENSE - Usage is restricted to a company or/and a corporation or/and an enterprise or/and an organization. Unlimited number of computers of/within this site including both desktops and notebooks are allowed to install the SOFTWARE PRODUCT.
IF YOU PURCHASED A BUSINESS LICENSE - Usage is restricted to a single user . If users want to use the software for commercial purpose, a Business License for each user is required .
IF YOU PURCHASED A PERSONAL LICENSE - Usage is restricted to a single personal user for none-commercial purpose.
NETWORK STORAGE/USE - You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate User
CONCURRENT USE - A license for the SOFTWARE PRODUCT may NOT be used concurrently on different computers, however, this agreement does allow a licensed user to install the SOFTWARE PRODUCT on both a work computer and a home computer, provided the SOFTWARE PRODUCT is not in use on both machines at the same time.
b. All above licenses include One year of software maintenance.
c. FateSoft reserves all rights not expressly granted.
3. Support Services
FateSoft may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). The provision and use of Support Services is governed by the FateSoft policies and programs described in the SOFTWARE PRODUCT user manual and/or in "online" documentation. Any supplemental software code provided to you as part of the Support Services shall considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
The SOFTWARE is owned by FateSoft and its suppliers, and its structure, organization and code are the valuable trade secrets of FateSoft and its suppliers. The SOFTWARE is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 1 of this License Agreement and to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this License Agreement does not grant you any intellectual property rights in the Software.
General Limitations - You may not resell, transfer, rent or lease the SOFTWARE. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may not alter or modify in any way the installer for the Software, or create a new installer for the Software. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
Termination - Without prejudice to any other rights, FateSoft 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 PRODUCT and all of its component parts.
6. NO WARRANTY:
The SOFTWARE is being delivered to you AS IS and FateSoft makes no warranty as to its use or performance. FateSoft AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. FateSoft AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL FateSoft OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN FateSoft REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
7. GOVERNING LAW AND GENERAL PROVISIONS:
This License Agreement will be governed by the laws of the United States , excluding the application of its conflicts of law rules. This License Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this License Agreement is found void and unenforceable, it will not affect the validity of the balance of the License Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This License Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of FateSoft.