END USER LICENSE AGREEMENT
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING NET CONTROL 2 SOFTWARE.
By receiving and/or using this Net Control 2 software (the "Software"), you accept and agree to be bound by the following User Agreement. This Agreement is a binding legal agreement between Net Software, P.C., Brest, Belarus, Reg. No: 290669880, the copyright holder, and the purchasers, users or evaluators of this Software. If you do not accept all the terms and conditions of this Agreement or do not agree to be bound by this Agreement, remove this Software from your computer now.
1. Subject of Agreement. Subject to the terms of this Agreement, Net Software, P.C., the copyrights holder (further - the "Licensor") grants to you, the Licensee, a limited, non-exclusive right to use or evaluate this software program (the "Software") in accordance with this Agreement. This includes the right to reproduce and/or install the Software (or components of the Software) on a number of computers specified in your Registered User License (for registered version of the Software), or on up to 30 computers at a time (for trial version of the Software and Evaluation License); the right to use the Software's functionality according to the purpose of Software and with all limitations provided by this Agreement. The license granted to you is not a sale.
2. User Agreement
This Software is intended and designed for use on public access computers. Particularly, it was not designed and is not intended for use in computer systems, which store confidential, closed or a limited-access information; for any data protection purpose; for connection Instructor/Administrator and User/Student computers over open networks like Internet without using additional security measures.
2.1 Evaluation License-This license is applied to any use of unregistered version of the Software. You may evaluate this Software without purchasing the Registered User License (the "Evaluation Version") for a maximum of thirty (30) calendar days (the "Evaluation Period"). On or before the expiration of the Evaluation Period, you must purchase Registered User License in order to continue to use the Software, or you are required to remove this Software and any archived copy from your computer immediately following the expiration of the Evaluation Period. The Software may not be used for any commercial purposes during evaluation period.
2.2 Registered User License-This license is applied to any registered version of the Software or registered copies of the Software. Unregistered copies of the Software become registered upon entering of a personal registration information (registration key), received from the Licensor or an authorized reseller/distributor/copyright holder. Together with the registration information you may receive the Registered User License Agreement, which acts as an addendum to this End User License Agreement. Any additional conditions of the Registered User License Agreement are integral part of this End User License Agreement.
The Registered User License Agreement or registration information/key, obtained from the Licensor or an authorized reseller/distributor/copyright holder, additionally defines number of computers, where the software may be used. The Software consists in two separate parts: Instructor (Administrator) Components and Student (User) Components, which are licensed separately. Every computer, terminal, terminal session or virtual machine, where the Software will be used, shall be licensed separately. You shall not allow others to use, copy or evaluate registered copies of this Software.
2.3 Use Restrictions- You shall use this Software in compliance with all applicable laws and not for any unlawful purpose.
Particularly, you may not modify, reverse engineer, decompile or disassemble the Software or otherwise attempt to derive its source code. You may not adapt, alter, modify, translate, or create derivative works of the Software without the express written authorization of the Licensor. You may not redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software, nor may you remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. You may not incorporate, integrate or otherwise include the Software or any portion thereof into any software, program or product without the written permission of the Licensor. You cannot use any third party programs for connection to the Software, or for using the Software's connections. You further agree to abide by all laws and regulations in effect regarding your use of the Software and the Service and agree to indemnify the Licensor, its officers, agents, employees and directors for any damages incurred as a result of a violation of this paragraph. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You shall notify users of computers where the Software will be used about terms and conditions of access to information on these computers.
2.4 Copyright Restriction- This Software contains a copyrighted material.
Net Software, P.C. is a copyright holder of the Software, and retains sole and exclusive ownership of all right, title and interest in and to the Software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Net Control 2 software and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved.
2.5 Term - This License commences upon the installation of the software and is effective until the Software has been removed from each of your computers. This License terminates automatically without notice from the Licensor if you fail to comply with any provision of this License. Upon termination you shall remove the Software from your computers. No additional amendment or modification may be made to this agreement except in writing signed by both the Licensee and the Licensor. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
2.6 Transfer -You may transfer the Software from one of your computers to another computer provided that the Software is transferred without modification. You may not transfer, assign, rent, lease, sell, or otherwise dispose of the software in exchange for consideration, or on a temporary basis.
3. Limited Warranty and Disclaimer
i. THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, FURTHER, LICENSOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT THE LICENSOR OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
ii. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT IS MADE BY THE LICENSOR, ON THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
iii. NEITHER THE LICENSOR NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
iv. SHOULD ANY OTHER WARRANTIES BE FOUND TO EXIST, SUCH WARRANTIES SHALL BE LIMITED IN DURATION TOTHIRTY (30) DAYS FOLLOWING THE DATE OF DELIVERY TO YOU. IN NO EVENT WILL THE LICENSOR'S LIABILITY FOR ANY DAMAGES TO YOU OR ANY OTHER PERSON EXCEED THE AMOUNT PAID FOR THE LICENSE TO USE THE SOFTWARE.
You agree to indemnify, hold harmless and defend the Licensor from and against any loss, damage, claims or lawsuits, including attorney's fees, which arise or result from the use or distribution of content produced by the Software.
As a part of the license activation, verification and automatic update procedures the software may send and receive the following information over Internet connection: registration information (the registration name and code, as provided in your Registered User License); version of the installed Net Control 2 software; a unique nonreversible 32 bit hardware code that is calculated on a base of the computer hardware information. The information is sent or received over secure Internet connection and/or in encoded form. The information is sent automatically when the software performs the respective licensing procedure. No other information is collected or sent for the specified procedures. If you do not agree with the terms of this paragraph, please contact us before purchasing for availability for you a special version of the software that does not use Internet connection for the specified procedures.
Other tools and features, including manual version checking, sending critical error and feedback reports, may use Internet connection and send/receive information over Internet from our web servers only after explicit confirmation of the user.
This most actual version of the Privacy statement document that covers these and other aspects of data processing and collection please see on our website http://www.netcontrol2.com/privacy.
6. Additional provisions.When opposite is not stipulated by the Registered User License Agreement, the Software may be used on any territory of the world.
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