Notice: by downloading, installing,
copying or using the product you agree to all the following terms and
conditions. Please read the following carefully before downloading,
installing, copying or using the software.
END USER LICENSE AGREEMENT
This agreement is a legal agreement (the
"Agreement") between you (the "End User") and the
owners of Mousecloner.com website (the "Provider") on the
Software use within the period agreed in the License Agreement. This
is not a purchase contract - this is agreement on the rights of the
End User.
By installing, copying or using the software,
you agree to be bound by the terms of the present License Agreement.
You agree that your use of the Software indicates that you have read
this Agreement and you understand it completely. If you do not agree,
do not install, copy or use this software. You are fully responsible
for choosing, installing and use this software.
TERMS AND CONDITIONS.
1. The Software in this Agreement shall mean:
a) the computer program "Mousecloner", including all its parts;
b) any explaining materials and any documentation related to the Software including, without limitation, any description of the Software, its control or interface, a manual or installation handbook of the Software or any description of the correct use of the Software (the "Documentation");
c) back up copies of the Software;
d) additions to the Software, extensions of the Software, new versions of the Software supplied by the Provider;
e)
any other components, supplied to the End User by Technical Support
service.
2. The Provider has exclusive rights
for the Software (including any graphic images, photos, texts, etc).
Any use of the software in defiance of the present License Agreement
is prohibited and considered to be a material breach of agreement, and
therefore grounds for cancellation of your rights for the Software.
The Provider retains all rights to cancel your license at any time
for any reason without the issuance of a refund. The Provider may
change the Agreement from time to time. The End User agrees
to automatically accept any changes to the Agreement or the
End User must immediately cease use of Mousecloner and all of
its parts.
3. You have agreed to this Agreement
that you pay the License Fee and the Provider grants you a non-exclusive
and non-transferable right to use the Software. A license is valid for
a single computer (e.g. work PC, home PC, laptop, etc.), and
if the Software is used on multiple computers, you must purchase a number
of licenses equal to the number of computers.
4. You must install the Software on a
correctly configured computer complying at least with requirements set
out in the Documentation. The manner of installation is specified in
the Documentation.
5. Limitation of rights of the End User:
a) you are allowed to make any copies of the Software for yourself for backing up or archiving purposes only; the software backup copy is created for restoring your copy of this software in case of damage; the creation of any other copy of the Software shall be a violation of this Agreement;
b) you may not use, modify, interpret, reproduce or transfer rights to use the Software or copies of the Software in any manner other than as provided for in this Agreement;
c) you may not sell the Software, sublicense or lease it to another person or hire the Software from another person or lend the Software;
d) you may not analyze, reverse engineer, decompile, disassemble the Software or seek to obtain a source code of the Software in any way, except for the scope stipulated by applicable law;
e)
you may not create any derivative works based on the Software.
6. This Agreement is valid and effective
from the first day on which you have installed the Software. You may
terminate this Agreement by permanently deleting the Software, all back-up
copies, if any, and all related materials that you have obtained from
the Provider. Also, your rights as the End User shall automatically
and immediately extinguish without any notice from the Provider if you
fail to comply with any provision of this Agreement. In such a case
you must promptly delete the Software, all back-up copies, if any, and
all related materials.
7. The Software is supplied "as
is", without an express or implied guarantee of any kind. The
Provider does not guarantee that the software is free of errors and
misprints, or the functions contained in the Software shall fit your
requirements. The Provider is not liable for any damages whatsoever,
including loss of information, interruption of business, personal injury
and/or any damage or consequential damage without limitation, incurred
before, during or after the use of the Software. If certain laws do
not permit then exclusion of liability, the liability of the Provider
shall be limited to the price that you have paid for the license.
8. Technical support is provided by the
Provider for the most up-to-date version of the Software. During the
period of the License the End User shall have the rights for use the
following services:
A.
The Provider shall ensure help and support in troubleshooting and in
the use of the most up-to-date version of the Software. A requirement
for help and support can be delivered to the Provider via email at the
reserved email address specified on the Provider's website. A requirement
for help and support must be sufficiently certain and must contain data
enabling the replication of the reported problem. If necessary, the
End User shall agree to provide necessary assistance in solving a reported
problem. Technical support may ask the End User for information concerning
his system parameters and the Provider shall guarantees not to disclose,
transfer, publish, or sell these data to any third parties.
B.
Upgrading or updating shall include each new version or change of the
Software, which the Provider shall release on its websites. The End
User shall be obliged to obtain the Upgrade or Update only from the
website of the Provider and agrees to install each new version or changes
of the Licensed Product as soon as it has obtained it.
C. The Provider shall not be obliged to provide any support, if the End User has failed to pay the License Fee or if a reported error:
i. results from any unauthorized interference with the Software or by the use of incorrect parameters;
ii. has occurred by use of the Software in non-compliance with the Documentation;
iii. has already been resolved by the issuance
of the Update, which the End User failed to install.
9. The Software is licensed and it is
not sold to you. A License Fee for the Software shall be specified
on the Provider's website. Upon payment of the License Fee you shall
become entitled to use the Software in accordance with the terms and
conditions of this Agreement throughout the period of one year.
This Agreement between you and the Provider represents the single and entire Agreement applying to the Software and completely supersedes any prior representations, negotiations, obligations, or advertisement of information related to the Software.