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TERMS AND CONDITIONS OF LICENCE
IMPORTANTTHIS AGREEMENT CONTAINS THE LICENCE TERMS AND CONDITIONS AND A GUARANTEE FOR THE PRIBER d.o.o. (“manufacturer”) SQ Label SOFTWARE CONTAINED IN THE PACKAGE.LOADING THE SOFTWARE PACKAGE SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST RETURN THE SOFTWARE PACKAGE TO YOUR SUPPLIER.
1. LICENSE GRANTOwnership of the manufacturer’s software contained in the enclosed package (“the Licensed Software”) is not transferred to the Customer. The manufacturer hereby grants the Customer a non-exclusive, non-transferable license to use the Licensed Software on a single computer. If the Licensed Software is shared between multiple computer workstations on a network, each computer workstation must have its own, separately Licensed Software.
2. COPYING RESTRICTIONSThe Customer may copy the Licensed Software, in whole or in part, only for backup and archival purposes. No more than two (2) copies may be in existence at any time. Each copy shall include, in a readable format, any and all confidential, proprietary and copyright notices or markings contained on the original Licensed Software.
3. CUSTOMER COMMUNICATION OF RESTRICTIONSThe Customer shall communicate the terms and conditions of this Licence Agreement to those persons employed by the Customer or under the Customer’s direction and control who shall use the Licensed Software.
4. CUSTOMER COMPLIANCE AND UNAUTHORISED USEThe Customer agrees to use its best endeavors to ensure that persons employed by the Customer, or under the Customer’s direction and control, abide by the terms and conditions of this Licence Agreement including, without limitation, not knowingly permitting anyone to use any portion of the Licensed Software for the purpose of deriving its source code. If the Customer becomes aware that the Licensed Software is being used by such persons in a manner not authorized by this Agreement, the Customer shall immediately use its best endeavors to have such unauthorized use immediately cease. The Customer shall notify the manufacturer in writing of the unauthorized use in the event that such unauthorized use continues for an unreasonable period after the Customer becomes aware of it.
5. THIRD-PARTY SOFTWAREThe Licensed Software is protected by copyright and other proprietary rights of the manufacturer and, depending upon the Licensed Software provided, of a third party. The Customer may be held directly responsible by such a third party for acts done by the Customer or on its behalf in relation to the Licensed Software which is not authorized by this Agreement.
6. LIMITED WARRANTYThe manufacturer makes no guarantee that the operation of the Licensed Software will be uninterrupted or error-free, or that the Licensed Software will meet the Customer’s requirements, or will operate in the combination chosen by the Customer.
7. DISCLAIMERMANUFACTURER GRANTS NO OTHER WARRANTIES ON THE LICENSED SOFTWARE AND ANY LIABILITY OF MANUFACTURER FOR BREACH OF ANY OTHER WARRANTY OR CONDITION, EXPRESS OR IMPLIED, WHETHER BY STATUTE OR OTHERWISE, INCLUDING ANY LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE LICENSED SOFTWARE IS HEREBY EXPRESSLY EXCLUDED. MANUFACTURER FURTHER DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS MADE BY PERSONS OTHER THAN MANUFACTURER (INCLUDING BUT NOT LIMITED TO MANUFACTURER DISTRIBUTORS AND DEALERS).
8. PATENT AND COPYRIGHT INDEMNITYThe manufacturer is not responsible for any litigation expenses or settlements unless it shall have expressly agreed to them in writing. To avoid potential infringement, even if not alleged, Manufacturer may, at its option, and no charge to the Customer, obtain a license, or modify, or substitute an equivalent of, or remove the Licensed Software. The manufacturer is not liable for any infringement due to the Licensed Software being made or modified to the Customer specifications, or being used or sold in combination with equipment, software, or supplies not provided by Manufacturer. The foregoing states the entire liability of Manufacturer for infringement of any patent, trade secret, copyright, or other industrial property rights.
9. LICENSED SOFTWARE UPDATESThe manufacturer may at its sole discretion, offer the Customer updates of the Licensed Software. The manufacturer retains the right to require payment of an additional fee for such updates. The Customer may, of course, decline such updates.
10. CUSTOMER SELECTION OF LICENSED SOFTWAREThe Customer is solely responsible for the selection of the Licensed Software to achieve the Customer’s intended results.
TERMS AND CONDITIONS OF LICENCEMarch 2011
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