POWER PATH END-USER
LICENSE AGREEMENT
POWER PATH SOFTWARE LICENSE AGREEMENT - Worldwide
IMPORTANT: Please read the terms and conditions of this license agreement carefully before continuing with the Power Path program installation.
The Power Path End-User License Agreement (“EULA”) is a legal AGREEMENT between you (as the registered representative and on behalf of a single entity, “End-User-Licensee”) and POWER PATH DOO (“Power Path”) for the Power Path product, which may include online or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
For the purposes of this EULA, the term SOFTWARE PRODUCT shall include upgrades, modified versions, updates, additions and copies of the SOFTWARE PRODUCT licensed pursuant to the terms of this EULA.
SOFTWARE PRODUCT OWNERSHIP
This is a license agreement and not a sale. Title, ownership rights, and intellectual property rights in and to the SOFTWARE PRODUCT (including without limitation any code, images, animations, video, audio, music, and text incorporated into the SOFTWARE PRODUCT), any copies of the SOFTWARE PRODUCT, and any copies you as End-User-Licensee are permitted to make are owned by Power Path or its suppliers and affiliates and are protected by applicable copyright laws and international copyright treaties, as well as other intellectual property laws, treaties and trade secret laws. Absent a separate written agreement between you and Power Path, your rights to use the SOFTWARE PRODUCT are specified in this EULA and Power Path retains all rights not expressly granted to you in this EULA. Nothing in this EULA constitutes a waiver of Power Path rights under international copyright law or any other applicable intellectual property laws or treaties. You agree to treat the SOFTWARE PRODUCT like any other copyrighted material for archival purposes. You may not remove, modify or alter any Power Path copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the electronic media or documentation, in any of the runtime resources, or in any web presences or web-enabled notices, code, or other embodiments originally contained in or dynamically or otherwise created by the SOFTWARE PRODUCT.
Power Path is authorized Bricsys BSB Reseller and may use any intellectual property rights owned by Bricsys N.V. defined in Agreement between Power Path and Bricsys.
GRANT OF LICENSE
Subject to the provisions contained herein, Power Path hereby grants End-User-Licensee a non-exclusive, non-transferable license as follows:
SOFTWARE PRODUCT
You may install and use one copy the SOFTWARE PRODUCT, or any upgrades, modified versions, updates and additions thereto (collectively, the “Enhancements”) for a specified operating system, in the number of languages for which you have acquired rights therefore, on a specified amount of computers and a time determined by the license type. Installing SOFTWARE PRODUCT is allowed on a specified operating system in native environment, installing and using in a virtual environment is not allowed.
STORAGE/BACKUP
You may make copies of the SOFTWARE PRODUCT for backup purposes only.
NO OTHER LICENSES
Other than the uses expressly permitted in this EULA, there is no license granted in this EULA under any patent, copyright, trade secret or other intellectual property rights, either expressly, by implication or under any other theory of law or equity.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
The license grant herein is subject to the following limitations:
TYPE OF LICENSE
SOFTWARE PRODUCT is available in different types of licenses:
Trial license, non-commercial license for testing product,
NFR (Not for Resale) license, non-commercial license for testing, promoting and product teaching,
Academic license, non-commercial license for academic purposes,
Commercial license, for commercial use.
NO CONCURRENT USE
Unless you have acquired a network or volume license, the SOFTWARE PRODUCT may not be shared or used concurrently on more than one computer. The foregoing sentence notwithstanding, the primary user of the SOFTWARE PRODUCT may install, on behalf of the single entity, one (1) copy of the SOFTWARE PRODUCT on either a single home computer or a single portable computer used by such primary user.
IN CASE OF NETWORK OR VOLUME LICENSE
In case you have acquired a network or volume license, the SOFTWARE PRODUCT may be used concurrently – for a network license, within a LAN (Local Area Network) – by the maximum number of users for which you have obtained such a network or volume license.
NO CLOUD USE
The SOFTWARE PRODUCT may not be shared or made available to any user, even not the rightful user(s) under the license, via the internet, the cloud or any other similar technology. Cloud use of the SOFTWARE PRODUCT is only permitted via the Power Path platform under a separate agreement.
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law and as required to obtain interoperability with other independently created software, or as may be otherwise specified by law. Notwithstanding the preceding sentence, the SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on other computers or devices.
NO ASSIGNMENT OR TRANSFERS
You shall not sublicense, sell, lease, rent, assign or otherwise transfer the rights granted herein without the prior written consent of Power Path. Power Path shall not unreasonably withhold or delay such consent in the event of a change of control or ownership in the entity for which the SOFTWARE PRODUCT is being licensed.
TERMINATION
Proper functioning of the SOFTWARE PRODUCT requires a License, which may have a limited period of validity.
Without prejudice to any of Power Path’s other rights, Power Path may terminate this License if you fail to comply with the terms and conditions of this EULA. Your right to use the SOFTWARE PRODUCT terminates immediately upon the expiration or termination of the applicable License. In such an event, you agree to remove, return or destroy, all copies of the SOFTWARE PRODUCT and all of its component parts.
End-User-Licensee shall continue to be bound by the terms and conditions of this EULA following the expiration or termination of the license.
ENHANCEMENTS
If the SOFTWARE PRODUCT is labelled or otherwise identified by Power Path as an Enhancement (as such term is defined above), you must be properly licensed to use the enhanced SOFTWARE PRODUCT. A SOFTWARE PRODUCT labelled or otherwise identified by Power Path as an Enhancement replaces the SOFTWARE PRODUCT that formed the basis for your eligibility for such Enhancement. You may use the resulting enhanced SOFTWARE PRODUCT only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an Enhancement of a component of a package of software programs that you licensed as a single product, the Enhanced SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on other systems.
LIMITATIONS ON PRODUCT FUNCTIONS AND DATA SETS
If the SOFTWARE PRODUCT has built-in restrictions that disable creation or editing of data sets of certain types (this typically may apply to ‘LITE’ versions of a product) then you shall not bypass this limitation by using alternative methods or other data sets than the restricted ones delivered with the product. Such restricted SOFTWARE PRODUCT is available at a lower price because of its limitations, hence to become entitled to use unrestricted product functions and/or data sets you must upgrade to an unrestricted version of the SOFTWARE PRODUCT.
INDEMNIFICATION
The SOFTWARE PRODUCT and all Enhancements are intended for use as specified in this EULA and in accordance with the documentation accompanying the SOFTWARE PRODUCT and the Enhancement, respectively. It is your responsibility to ascertain whether any additional copyright, patent or other licenses are necessary and to obtain any such licenses. You agree to hold harmless, indemnify, and defend Power Path, its officers, shareholders, directors, employees, suppliers and affiliates from and against any losses, damages, fines, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to any claims that you have encoded, compressed, copied, or transmitted any materials (other than the materials provided by Power Path) in connection with the SOFTWARE PRODUCT or an Enhancement in violation of another party’s rights or in violation of any law. If you are importing the SOFTWARE PRODUCT or an Enhancement, you shall indemnify and hold Power Path harmless from and against any import and export duties or other claims arising from such importation.
LIMITED WARRANTY
CUSTOMER REMEDIES
During the limited warranty period, Power Path and its suppliers and affiliates’ entire liability and your exclusive remedy shall be, at Power Path’s sole option, either (a) return of the price paid by you for the SOFTWARE PRODUCT, if any, or (b) repair or replacement of the damaged media that does not meet Power Path’s Limited Warranty. This Limited Warranty is void if damage of the SOFTWARE PRODUCT media has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT media will be warranted for the remainder of the original warranty period or 30 (thirty) days, whichever is longer.
NO OTHER WARRANTIES
THE SOFTWARE PRODUCT IS PROVIDED ‘AS IS’ AND THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Power Path AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, DEPENDING ON YOUR STATE OR JURISDICTION.
LIMITATION OF LIABILITY
EXCEPT IN RELATION TO DEATH AND PERSONAL INJURY AND ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Power Path OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, SPECULATIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, DAMAGES FOR LOSS OF GOOD-WILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS) INCURRED BY Licensee OR ANY OTHER THIRD PARTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE DOCUMENTATION, OR ANY OTHER ACCOMPANYING MATERIALS, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF Power Path OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, Power Path’s ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED IN ANY SINGLE EVENT OR IN THE AGGREGATE TO TEN UNITED STATES DOLLARS (U.S. $10.00). Licensee ACCEPTS THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH THE UNDERSTANDING THAT Power Path’s LIABILITY IS LIMITED, THE PRICES PAYABLE HAVE AND WILL BE CALCULATED ACCORDINGLY, AND THAT Licensee MAY REDUCE ITS RISK FURTHER BY MAKING APPROPRIATE PROVISION FOR INSURANCE. Licensee AGREES TO MITIGATE ANY LOSSES OR DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MISCELLANEOUS
CHOICE OF LAW
This EULA is governed by the laws of Republic of Serbia. By using the SOFTWARE PRODUCT, you consent to the personal and exclusive jurisdiction and venue of the courts sitting in Novi Sad, Serbia.
AUDIT
Power Path reserves the right to conduct audits to verify Licensee’s compliance with this EULA.
Licensee agrees that Power Path has the right to require an audit, whether remotely or on-premises (electronic or otherwise). As part of any such audit, Power Path or its authorized representative will have the right, on fifteen (15) days’ prior notice to Licensee, to inspect Licensee’s records, systems and facilities, including machine IDs, serial numbers and related information, to verify Licensee’s Installation. Additionally, within fifteen (15) days of the audit request, Licensee will provide to Power Path all records and information requested by Power Path to verify Licensee’s Installation. Licensee will provide full cooperation to enable any such audit. If Power Path determines that Licensee’s Installation is not in conformity with the applicable agreements or terms of service, Licensee will obtain immediately and pay for valid license(s) to bring Licensee’s Installation and Access into compliance and pay the reasonable costs of the audit. In addition to such payment rights, Power Path reserves the right to seek any other remedies available in equity or at law.
SEVERANCE
If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from this Agreement and all the other provisions shall remain in full force and effect.
HEADINGS
The headings used in this Agreement are intended for convenience only and shall not be deemed to supersede or modify any provisions.
WAIVER
The waiver by Power Path of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. Except for breach of Power Path’s proprietary rights in the SOFTWARE PRODUCT, no action, regardless of form, arising out of this Agreement may be brought by either party more than two (2) years after the cause of action has occurred.
LANGUAGE
This EULA is written in English as the only original agreement language.
POWER PATH DOO, Braće Ribnikar 63A, 21000 Novi Sad, Serbia (Europe).
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