End User License Agreement for older UFS Explorer software of version 5
This Software License Agreement (hereinafter referred to as "AGREEMENT") is a legal agreement between the user (hereinafter referred to as USER), and LLC "SysDev Laboratories" (hereinafter referred to as OWNER) for the computer program, entitled UFS Explorer Specific Shareware Version (product version 5) including any enclosed documentation and/or accompanying items (hereinafter referred to as SOFTWARE).
This AGREEMENT states the terms and conditions upon which OWNER offers to license the SOFTWARE.
This agreement is binding upon USER as well as anyone taking any action with regard to the USER’s copy of the SOFTWARE at the USER’s direction or not. This applies to any third party as well.
The USER should carefully read the following terms and conditions before using this SOFTWARE. By using the software in any way (including software installation, copying exploitation and so on), USER accepts these terms. If USER does not accept them, USER should not use the software and return it to the retailer for a refund or credit.
The software is licensed, not sold. This agreement only gives USER some rights to use the software. OWNER reserves all other rights. Software version 5 or software major version 5 below mean any SOFTWARE version with first component (before dot) equal to five (e.g. 5.0, 5.0.1, 5.2 etc.).
For evaluation use, according to the terms and conditions of this AGREEMENT, OWNER grants USER the following limited rights: run and exploit the software for evaluation purposes without charge for unlimited time period. By using the software for Evaluation USER must comply with any technical limitations in the software ("TRIAL LIMITS"). For more information about technical limitations please visit: https://www.ufsexplorer.com/download/.
To use the software without TRIAL LIMITS USER has to pay fee for either Personal License (paragraph 1.b) or Business License (paragraph 1.c) and activate the USER’s copy of the SOFTWARE with Software Registration Code (paragraph 1.d).
For personal use, according to the terms and conditions of this AGREEMENT, OWNER grants USER the following limited rights: exploit (subject to paragraph 4 of this AGREEMENT), advertise and make the copy of the SOFTWARE for backup purposes. Any other rights are reserved by OWNER. USER is granted to use the software for unlimited time period (subject to paragraph 10 of this agreement), on ONE or TWO personal computers, including laptop computers, however OWNER reserves the right to change this condition for further SOFTWARE versions.
These rights apply to single SOFTWARE edition only, single Operating System platform ( paragraph 1.e) and to software with major version 5. Any license to UFS Explorer software product with major version other then 5 does not mean USER has license for the SOFTWARE.
To be eligible for Personal License use, USER has to pay SOFTWARE Personal License registration fee and activate the USER’s software copy with Software Registration Code (paragraph 1.d).
For office and business use, according to the terms and conditions of this AGREEMENT, OWNER grants USER the following limited rights: exploit (subject to paragraph 4 of this AGREEMENT), advertise and make the copy of the SOFTWARE for backup purposes. Any other rights are reserved by OWNER. USER is granted to use the software for unlimited time period (subject to paragraph 10 of this agreement), on up to 10 (ten) computers, owned by USER, however OWNER reserves the right to change this condition for further SOFTWARE versions. USER is NOT granted to install SOFTWARE to the computers of own customers.
These rights apply to single SOFTWARE edition only, single Operating System platform ( paragraph 1.e) and to software with major version 5. Any license to UFS Explorer software product with major version other then 5 does not mean USER has license for the SOFTWARE.
To be eligible for Business License use, USER has to pay SOFTWARE Business License registration fee and activate the software copy with Software Registration Code (paragraph 1.d).
Software Registration Code is the special sequence of symbols that along with software Registration Name or alone could be used to identify user as eligible user for software License and to turn off SOFTWARE TRIAL LIMITS.
Only the Author (see paragraph 2), OWNER or authorized resellers are granted to issue, publish or pass to end-users or third-parties any Software Registration Codes. Any unauthorized Registration Code publishing or transfer result in License termination.
The OWNER has right to change registration codes as part of SOFTWARE updates. To update the SOFTWARE in this case (subject of paragraph 6) USER has to request OWNER for registration code update.
Any SOFTWARE License could be verified with OWNER for validity basing on Software Registration Code.
The software Owner or Author has the right to define scope of this license to specific Operating Systems and Hardware or Software platforms. Different platforms may require different software licenses. Please refer to the software web site or contact the Owner for information about specific Software License scope.
The SOFTWARE is copyrighted by Bogdan G. Shulga (the Author) as stated in Certificate of Copyright registration #23163, issued by State Department of Intellectual Property of Ukraine. OWNER is authorized to use, modify and sub-license the SOFTWARE under agreements with the Author.
Author's and OWNER's rights are protected by Ukrainian copyright laws, other copyright laws and international treaties. OWNER reserves all the rights regarding the SOFTWARE granted by the Author. OWNER authorizes usage of the SOFTWARE only in accordance with the terms and conditions stated in this AGREEMENT. USER may not remove any copyright or proprietary notices from the SOFTWARE.
Neither USER, anyone at USER’s direction, nor any third party, shall take the following actions with regard to the SOFTWARE, or any portion thereof to work around any technical limitations in the SOFTWARE, modify, change, decompile, recompile, disassemble, reverse engineer, adapt, create derivative works, translate or reproduce the SOFTWARE. In any event, USER can notify OWNER of any information derived from reverse engineering or such activities and the results thereof will constitute confidential information of OWNER which may be used only in connection with the SOFTWARE. If USER seeks interface information, USER should initially approach OWNER.
Any commercial (for-profit) use is prohibited (Unless USER has a different license AGREEMENT, signed by OWNER and allowing commercial use). Under no circumstances shall the end-user be permitted, allowed or authorized to commercially exploit the SOFTWARE, or any portion thereof. Neither USER, anyone at USER’s direction nor any third party shall take the following actions with regard to the SOFTWARE, or any portion thereof to sell, rent, lend, lease, commercially exploit or use the SOFTWARE for any commercial (for profit) purpose.
Please refer to EULA bundled with the specific software edition to check if specific software license allows commercial use.
USER should refer to the "Shareware Version Distribution License" document if USER want to distribute the SOFTWARE. In addition USER is also bound by the terms and conditions of this AGREEMENT.
OWNER reserves the right to update the contents of the SOFTWARE and its associated files, documentation, license terms and/or other elements, at its discretion from time to time, without the consent of or any obligation to, any licensed users or distributors. Unless this License terminates, USER has rights to update the software copy for free of charge within same major version 5 (5.1, 5.2.. etc.)
THE SOFTWARE IS PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES, OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE WITH RESPECT TO THE SOFTWARE ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. OWNER DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR MEET ANY REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES WHETHER ORAL OR WRITTEN. NO ONE BUT OWNER OR AUTHOR IS AUTHORISED TO MAKE MODIFICATIONS OR ADDITIONS TO THIS WARRANTY.
OWNER WILL NOT BE LIABLE AND WILL PROVIDE NO REMEDY ABOVE THE AMOUNT USER PAID FOR THE SOFTWARE (IF ANY) FOR LOST DATA, LOST SAVINGS, LOST PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR ANY OTHER DAMAGES ARISING FROM NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, BREACH OF CONTACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.
Nether USER’s License nor any part or portion of it shall be assigned or sub-licensed.
This license and right to use the SOFTWARE terminates automatically if USER violates any part of this AGREEMENT without notice from OWNER. USER can also terminate this license at any time. USER agrees upon termination to destroy all copies of the SOFTWARE immediately.
Upon termination OWNER may also enforce any rights provided by law.
USER hereby agrees to indemnify, hold harmless and defend OWNER, his family, relatives, licensees, sub-licensees, distributors and lawyers against any and all damages, losses, claims, courses of action, lawsuits, liabilities, judgments and all expenses arising from, resulting to, or in connection with a breach of this AGREEMENT by USER and arising from, relating to, or in connection with your use or non-use of the SOFTWARE.
The SOFTWARE and any related documentation is provided with restricted and limited rights. Use, duplication and disclosure by U.S. Government is subject to restrictions as set forth in the subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software Clause at 252.227-7013. If USER is using this software outside the U.S., USER agrees to be bound by the applicable law in own country.
a. Should any provision of this AGREEMENT be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this AGREEMENT shall not constitute or be construed as a waiver of such provision or the right to enforce the provision.
b. The following provisions shall survive the expiration or early termination of this AGREEMENT: paragraphs 2., 3., 4. and 11.
This AGREEMENT along with separate "Refund Policy" and "Upgrade Policy" documents constitute the entire AGREEMENT between USER and OWNER and supersedes any prior written or oral agreement concerning the SOFTWARE. OWNER is not bound by any action, statements, or any provisions made by anyone else. No modification or change in this AGREEMENT shall be valid or binding upon OWNER unless in writing.
This AGREEMENT shall be governed by the laws of the Ukraine. USER agrees to jurisdiction and venue in the courts located in Kyiv, Ukraine for all claims, disputes and litigation arising under or related to this AGREEMENT. The export of this product is governed by Ukrainian export regulations.
BY USING THE SOFTWARE USER ACKNOWLEDGES READING AND UNDERSTANDING THIS AGREEMENT AND AGREES TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. USER ALSO AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Third-party modules that could be bundled with the software and are according to separate license terms not covered in this agreement. Any such separate license terms are provided in a text file accompanying this individual third-party module.
If USER does not agree with the terms and conditions of this AGREEMENT or does not understand any of them, USER should un-install and destroy the copy of the SOFTWARE immediately.
