End user license agreement

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CaZaBa - End user license agreement
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http://www.cazaba.cz

1. INTRODUCTORY PROVISIONS
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1.1 This Agreement is a Licensing Agreement (also "Agreement" or "License") between the End user of the Software product (hereinafter referred to as the "User") and his / her Author, Ing. Nikola Dolejší, U Hřbitova 4, 58601 Jihlava, Czech Republic, ID: 75935040 (hereinafter referred to as the "Author" or "Provider" or "Seller"), in accordance with Act No. 121/2000 Coll. (the Copyright Act), as amended, and the terms and conditions not listed in this License Agreement are governed by the laws of the Czech Republic and international conventions on the enforcement of intellectual property rights.

1.2 The License agreement is made at the time of opening the packaging with the media, installing the Software product, registering the Software product, or transferring the License, at the one of these moments that occurs first.

2. DEFINITION OF TERMS
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2.1 Software product or Product - the product that is subject to this License agreement, documentation in electronic or printed form, including manuals and packaging, the appropriate installation media, as well as any updates and upgrades to the original Software product. The Software product is not sold, only the right to use it - the License.

2.2 Software - a computer program in the machine code included in the Product, including any updates and upgrades except the Content provided.

2.3 Content - in this Agreement refers to the content that is included in the Product with the Software. For example, music and video files, scripts or photos and graphics as well as other files that can contain such Content within themselves.

2.4 Computer - any programmable physical or virtual device capable of processing the Program in conjunction with a CPU or multi-core processor (eg. PC, notebook, computer tablet, terminal, virtual machine instance, etc. - this list is only illustrative and not final) . The following arrangements apply to computer networks: If multiple computers have access to the server where the Product is installed, each of these Computers is counted as a stand-alone Computer. In this case, a separate License is required for each such Computer.

2.5 Upgrade - for the purpose of this Agreement, this is a subsequent version of the Product.

2.6 Activation key - a series of characters and digits that must be entered into the Product to activate its full version with a valid License. One Activation key corresponds to ONE License for ONE instalation of the Product on ONE Computer at a time.

2.7 Commercial purposes - for the purposes of this Agreement, any commercial use of the User's own work results in the use of the Software and the Content for the direct or indirect purpose of financial profit (eg: sales, licensing, advertising, etc.).

3. LICENSE CONDITIONS
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3.1 Under this Agreement and for the duration of this Agreement, the Author provides the Customer with a non-exclusive and non-transferable right to use the Product on at maximum of the same number of Computers, corresponding to the number of Activation keys purchased. The Author retains the property right, copyright, and other intellectual property rights associated with this Product. The User acknowledges Authors ownership as well as all intellectual property rights to this Product, back-up copies and documentation. The Buyer of the Software is solely responsible for the proper compliance with the terms of use of the Product.

3.2 The rightful Licensee is entitled to use the results of their own work when using the Product for Commercial purposes.

3.3 For any future upgrades apply: Only the licensee entitled to use the base Product is entitled to recieve upgrades. Separate circulation of upgrades between third parties is prohibited.

3.4 It is forbidden to lease, lend, share, sublicense to other entities (a legal or natural person) or otherwise enable the third party to use the Software product unless otherwise expressly provided for in the contract.

3.5 License to the Software product may only be used by employees of the User, ie. it is not allowed to share Licenses with multiple entities.

3.6 Software products are subject to the provisions of the License agreement in force at the time of the release of the Software product named version. Upon the upgrading of Software products, the User is required to conclude a new License agreement relating to the upgraded Software product in any of the ways specified in the Introductory provisions of this Agreement.

3.7 License is issued for the Software product as a whole, including all its upgrades. Its components can not be separated, installed or run on more Computers than specified in this Agreement.

3.8 The User may not make use of knowledge of the ideas, procedures, structure, algorithm and methods used on which the Software product is based or which it contains, even if it is obtained by rightful use of the Software product, except for their intended use in the operation of the Software product, to achieve a functional interconnection of computer programs. This knowledge must not be used for the development, manufacture or commercial use of any other computer program, or for any other act that endangers or infringes the copyright and the commercial interests of the Author. User is required to maintain this in confidentiality.

3.9 The User may not alter, substitute, analyze, reverse engineer, interfere with the functionality of the Product, or any part thereof.

4. GUARANTEE AND LIABILITY
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4.1 The Author does not guarantee that the Software product will meet all of the User's requirements. The User acknowledges that the Software product and the attached documentation may contain errors and that it is never possible to develop a program that works error-free in all situations and any User needs or works error-free in conjunction with third-party programs and hardware. For a defect of the Software product or for a defect or damage The Software product caused further can not be considered:

4.1.1 cases where the Software product is used inconsistent with the documentation,

4.1.2 the absence of features or functions not listed in the documentation,

4.1.3 the fact that the Software product does not contain any eventual legislative changes,

4.1.4 cases where the Software product is operated on inappropriate hardware or hardware that is inconsistent with the current recommended system requirements as outlined in the documentation or in an updated form on the website.

4.1.5 the fact that the Software product does not work on hardware that is not currently available at the time of its development, or on a hardware or operating system that is not supported,

4.1.6 cases where the Software product is running on a misconfigured computer or on a misconfigured computer network,

4.1.7 cases where the Software product is operated with third-party programs that prevent its smooth operation.

4.1.8 cases where interventions in database or program files are made by means other than the provided Software product,

4.2 The product User is required to periodically back up and archive data backups, including checking the flawlessness of the created backup. The Author is not responsible for the loss or damage of data that has not been properly backed up.

4.3 The Author is not obliged to provide customer support nor to ensure the development or maintenance of the Software product.

4.4 The Author is not responsible for lost profits. The Author is not responsible for any damages resulting from the use of the Software product in any way whatsoever.

4.5 The User of the Product is required to review the Software product in terms of its functionality and usability in a particular situation before commencing its use. This also applies to Products received by the User as part of compensation or updates.

4.6 The Author shall be liable for actual damage up to a maximum of the price of the Software product paid upon the acquisition of the License.

5. THIRD PARTY COMPONENTS
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5.1 If the Product contains other third party Software or other Software is integrated into the Product then the User is required to proceed also in accordance with the license terms of the manufacturer of such Software. If the Product contains third party Software, you can find its license terms in its own corresponding file.

5.2 This software contains Autodesk® FBX® code developed by Autodesk, Inc. Copyright 2014 Autodesk, Inc. All rights, reserved. Such code is provided “as is” and Autodesk, Inc. disclaims any and all warranties, whether express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. In no event shall Autodesk, Inc. be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of such code.

6. FINAL PROVISIONS
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6.1 The Author is entitled to transfer the rights and obligations of the Agreement to its legal successor or to assign the receivables arising from the business relationship to a third party.

6.2 The Software product provided with this License agreement is the property of the Author. The Software product is protected by the laws of the Czech Republic on copyright, the provisions of international treaties and all other relevant legal regulations. The accompanying documentation for the Software product can not be copied.

6.3 This License agreement is correct and effective on the day of its deal and is void by violation of any License term or copyright or any other substantial violation of User's obligations under this Agreement.

6.4 The User acknowledges that he has expressly agreed to comply with this License agreement, with which he has properly understood, acknowledged and undertakes to abide by it.

6.5 The Author is entitled to change this License agreement unilaterally and is obliged to publish a new version of the License agreement without undue delay on its website and Software products.

6.6 If is or if will one or more of the terms of this Agreement become invalid, this will not affect the validity of any remaining terms. Invalid conditions will be replaced by valid ones as close as possible to their original purpose.