1. SOFTWARE PRODUCT LICENSE
The Software Product is protected by copyright laws, computer program copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, and the ownership rights of the product are not transferred to you. Any right not expressly granted to you under this License agreement is reserved by INEDIT SOFTWARE. S.L.
2. GRANT OF LICENSE
INEDIT SOFTWARE, S.L. (“INEDIT”) grants you a software license subject to the following terms and conditions.
Installation and Use
INEDIT grants you the rights to install and use the Software Product on a device running an operating system that was acquired in a lawful and legitimate manner. INEDIT grants you a non-exclusive, non-sub-licensable, limited license to install and use one copy of the software product on a single device, subject to the terms and conditions of this License Agreement. To the extent permitted under applicable laws, any other use, reproduction, modification or distribution of the Software Product is not permitted, and the Software Product may not be rented. If You are installing this copy of the Software Product as an upgrade or update of a prior release of the same Software Product that was installed on the same device, Your rights under the prior license agreement for the Software Product are terminated, and all of Your use of the Software Product (including its prior versions) is solely under the terms of this License Agreement.
The Software Product may automatically download and install updates as permitted by applicable law. These updates are designed to improve, enhance and further develop INEDIT services and may take the form of bug fixes, enhanced functions, new software modules or completely new versions, and may include revisions to the terms and conditions of this Software License. You agree to receive such updates (and permit the update program to deliver these to You) as part of your use of the Services. The License Agreement shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement. INEDIT will not be obligated under this License Agreement to provide any update, upgrade and/or additional features to the Software Product. You should check the on-line version of this Software License from time to time to check for revisions applicable to your use of the Software Product.
You may make a copy of the Software Product solely for backup or archival purposes, only as long as You comply with the terms and conditions of this License Agreement.
You may also store or install a copy of the Software Product on a storage device, such as a network server, for the purpose of using the Software Product on Your device only over an internal network. However, you must acquire and dedicate a license for each separate device on which the Software Product is used from the storage device. A license for the Software Product may not be shared or used concurrently on different devices.
The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. INEDIT reserves all rights over this Software Product. You acknowledge that the Software Product is proprietary to INEDIT, and is protected under applicable copyright, trademark, trade secret, patent and other intellectual property laws (IP Laws). You further acknowledge and agree that, as between You and INEDIT, INEDIT owns and shall continue to own all right, title and interest in and to the Software Product, including associated intellectual property rights under applicable IP laws. This Agreement does not grant you any ownership interest in or to the Software Product, but only a limited right of use that is revocable in this agreement.
3. RIGHTS AND RESTRICTIONS
Not For Resale
You may not distribute, resell, dispose of, or transfer the Software Product.
Limitations on Reverse-Engineering, De-compilation and Disassembly
You acknowledge that the Software Product in source code form remains a confidential trade secret of INEDIT and therefore you agree not to reverse-engineer, decompile or disassemble the Software Product, directly or through a third party, or make any attempt to discover the source code of the Software Product, except and only to the extent that such activity is expressly permitted by applicable laws notwithstanding this limitation.
Limitations on the Separation of Components
The Software Product is licensed as a single product and its component parts may not be separated for use on more than one device.
You acknowledge that the Software Product is subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to the Software Product, including all the applicable export restriction laws and regulations.
INEDIT may provide you with technical support services related to the Software Product (“Support Services”). Use of Support Services is governed by the INEDIT policies and programs described in the user website, in the online or electronic documentation, and/or in other INEDIT -provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this License Agreement. With respect to any technical information you provide to INEDIT as part of the Support Services, you agree that INEDIT may use such information for its business purposes, including product support and development. INEDIT will not use such technical information in a manner that personally identifies you.
Compliance with Laws
You must comply with all laws that apply to the use of this Software Product.
This License Agreement is effective upon You accessing the Software Product, has no predetermined termination date, and may continue until either INEDIT or You terminate this License Agreement by notice to the respective other party, or until it is otherwise terminated consistent with the terms herein. If you fail, or INEDIT reasonably suspects that You have failed to comply with any of the provisions of this License Agreement, without limiting INEDIT’s other rights and remedies, all of which are expressly reserved, INEDIT, at its sole discretion and without notice to You, may discontinue Your access to the Software Product and terminate this License Agreement. Upon termination or revocation of the License Agreement itself, you must destroy all copies of the Software Product and all of its component parts in Your possession (including the media and printed materials, any prior versions, and this License Agreement). The terms of this paragraph shall survive any termination of this License Agreement. INEDIT reserves the right to modify, suspend or discontinue the Software Product in whole or in part, at any time with or without notice to You, and INEDIT will not be liable to You or to any third party if it exercises such rights at its sole discretion.
This License Agreement does not license any rights to You related to trademarks or service trademarks of INEDIT. You cannot remove or modify any trademarks, trade names, product names, logos, copyrights or copyright notices, marks, symbols and labels included in the Software Product. This License Agreement does not license You any rights to use the names or trademarks of INEDIT. Although trademarks may be allowed for printed matters produced by the Software Product, this allowance does not license the ownership of the trademarks. As described above, this License Agreement does not give You copyright of the Software Product.
6. LIMITED WARRANTY, LIMITATION OF LIABILITY AND DISCLAIMER
INEDIT warrants the Software Product for a period of ninety (90) days from the date of original purchase of a license to the Software Product from an authorised retailer or directly from INEDIT, or the minimum number of days from the date of the original purchase as required under the applicable law in the jurisdiction where You purchase the Software Product, whichever is longer. INEDIT will not be held liable for any outcomes caused by Your negligence. The warranties and disclaimers described in this paragraph are collectively the “Limited Warranty”. INEDIT warrants to You (and only You) that the Software Product will perform substantially in accordance with the accompanying documentation (if any) for a period of ninety (90) days from the date of original purchase of a license to the Software Product from an authorised retailer or directly from INEDIT (“Purchase Date”). Implied warranties on the Software Product, to the extent required by applicable law, are limited to ninety (90) days from the Purchase Date. Some countries do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to You.
To the maximum extent permitted by applicable law, the software product is provided as is, “where is” and as available and without warranties of any kind. INEDIT makes no representations or warranties or guarantees of any kind or nature, whether express or implied, regarding the software product, and specifically disclaims all such warranties, including without limitation any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Without limiting the foregoing disclaimers, INEDIT does not represent, warrant or guarantee that:
a. The use of the software product will not cause any damage, including data loss, to your computer or devices, or to any services or software used by your computer or devices, or to any applications and content that reside on your computer or devices; or
b. The software product will (i) operate in an uninterrupted, timely, secure, or error-free manner, (ii) will always be available or free from all harmful components or errors, or (iii) will be immune (including content you transfer) from unauthorized access.
You agree that you will use the software product at your own risk. The Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, use of the Software Product other than as described in the documentation issued by INEDIT, use of the Software Product in combination with other software products that are not described as compatible in the documentation issued by INEDIT, or Your breach of the terms of this License Agreement. This warranty gives You specific legal rights, and You may also have other rights, depending on the jurisdiction. No individual (except a duly authorized officer of INEDIT) and no reseller or retailer has any authority to amend or add to any of the above representations and disclaimers.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall INEDIT be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product, even if INEDIT has been advised of the possibility of such damages. In any case, INEDIT’s entire liability under any provision of this license agreement shall be limited to the amount actually paid by you for the INEDIT software product. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
7. CONSENT TO USE YOUR DATA
You agree that INEDIT may collect information on your device such as device identifier(s), model name, customer code, network code and type, access recording, IP address, the date your device registered on the server, the type and version of software including the operating system you are using, the operating system’s locale and language settings, software installation/removal/update logs and server queries to check what software is available for the Software Product. Information collected may be transferred or accessed outside of the country in which you reside and, therefore, may be subject to the laws of other jurisdictions.
8. THIRD-PARTY APPLICATIONS
Certain third-party applications or services may be included with or downloaded to your INEDIT device. Such third-party applications or services may display, include or make available content, data, information, applications or materials from third parties (Third Party Materials) or provide links to certain third-party websites. By using the Software Product, you acknowledge and agree that INEDIT is not responsible for the availability of such applications and is not responsible or liable for any content, advertising, products, services, or other materials in or available from such applications.
INEDIT disclaims any responsibility for any disclosure of information or any other practices of any third-party application provider. INEDIT expressly disclaims any warranty regarding whether your personal information is captured by any third-party application provider or the use to which such personal information may be put by such third-party application provider.
9. APPLICABLE LAW AND DISPUTE RESOLUTION
This License Agreement is governed by, and interpreted in accordance with, the laws of Spain and Barcelona.
This License Agreement constitutes the entire agreement between You and INEDIT concerning the Software Product. No terms of any purchase order, acceptance, purported amendment, or any document or communication other than an agreement expressly agreed upon in writing by a duly authorized officer of INEDIT shall replace, modify, amend or override this License Agreement. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. No waiver by INEDIT of any breach of any term or provision of this License Agreement shall be construed to be a waiver of any preceding or succeeding breach of the same or any other term or provision hereof. Our various rights and remedies hereunder shall be construed to be cumulative and no one of them is exclusive of any other or of any right or remedy allowed by law or in equity.