This End User License Agreement ("EULA") is a legal agreement between YOU as Licensee and TiSoft - EL099975781 ("TISOFT") for the software product identified above ("the SOFTWARE"). By installing, downloading, copying, or otherwise using the SOFTWARE, YOU agree to be bound by the terms of this EULA. If YOU do not agree to the terms of this EULA, promptly return the unused SOFTWARE or delete any copies of this software in your possession. The copyright in the SOFTWARE and its documentation is owned by TiSoft. Subject to the terms of this EULA, YOU are granted a non-exclusive right for the duration of the EULA to use the SOFTWARE. YOU do not acquire ownership of copyright or other intellectual property rights in any part of the SOFTWARE by virtue of this EULA. Your use of this software indicates your acceptance of this EULA and warranty.
TiSoft grants you a non-exclusive license to use this SOFTWARE, and any associated documentation, as indicated herein. If you have purchased a User License, one copy of the SOFTWARE may be used, for internal use only, by one single user ("the USER"). If you have purchased multiple User Licenses (you specified several copies of the SOFTWARE when you purchased it), the SOFTWARE may be used, for internal purposes only, by the number of USERS authorized at the time of purchase. The SOFTWARE is in "use" by a USER when it has been loaded into the temporary memory (i.e. RAM) of the USER's computer.
The USER MAY: (a) use the SOFTWARE in a company, corporate or organization; (b) use drawings and reports created with the SOFTWARE in commercial projects; (c) make a copy of the SOFTWARE for archival purpose only; (d) install the SOFTWARE on one or more personal computers regardless of the number of licenses owned, only if the USER is the main person to use this computer.
The USER MAY NOT: (a) copy and distribute the SOFTWARE or any portion of it; (b) sublicense, lease, rent, or transfer this SOFTWARE to another; (c) cause or permit reverse engineering, disassembly, decompilation or alteration of this SOFTWARE; (d) remove any product identification, copyright notices, or other notices or proprietary restrictions from this SOFTWARE; (e) copy the documentation accompanying the SOFTWARE.
TiSoft provides support on the SOFTWARE by means of online help, documentation, tutorials, knowledge-base and all other article freely accessible on TiSoft websites. Additional support may be provided via phone, email, teleconference as part of this license. An active support plan is a prerequisite for the rendering of support services.
During use of the SOFTWARE you may also report any SOFTWARE problem to TiSoft. If TiSoft determines that a reported reproducible error in the Software exists and significantly impairs the usability and utility of the Software, TiSoft agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at TiSoft’s sole discretion.
Support plan is provided for a period of one (1) year from the date of purchase. Support plan may be renewed when the one-year period passes. The renewed support plan is subject to the conditions referred below.
Trouble-free continuous operation is ensured by:
Services NOT provided by the support plan:
Basic knowledge of two dimensional design (e.g. draw lines, move objects, zoom in, zoom out, etc.).
The software manufacturer does not provide technical support or help in obtaining the above skills.
The manufacturer may provide technical support by means of software updates that solve any problem, only for the last (current) version of the software as no source code or setup files of older versions are maintained. In addition the manufacturer cannot guarantee database upgrading from versions older than five (5) years to the current version.
Support plan may be extended yearly by agreement between the Manufacturer and the Licensee.
Support plan may be cancelled only in the event of non-compliance with the obligations of the manufacturer as described in paragraphs.
By the ending or cancellation of the support plan the Licensee reserves the purchased software license, but loses the right to be provided the above services.
The price of the annual support plan is calculated as 15% of software's current price. Software's prices are determined by the price list published on the manufacturer's online shop (www.ti-soft.com) on the date of new support plan's signing.
When signing new support plan after interruption or termination of the previous one for any period up to five (5) years, the price is calculated retrospectively for the period of non-compliance of support plan with a maximum charge of three (3) years.
If TiSoft identifies the License Type as a "demo", "evaluation" or "trial" version (each, a "Trial License") in the applicable License Identification, Licensee may install a copy of the specific release on as many computers as he/she wants, subject to certain functional limitations.
A Trial License is for a fixed term of thirty (30) days from Installation or as otherwise authorized in writing by TiSoft. Licensee may copy, lend or transfer Trial License to third parties provided that is used the same way.
The trial release that licensee may install subjects to certain functional limitations mainly on the amount of data entered in.
The software manufacturer neither provide technical support and support plan for Trial License, nor assume any responsibility for any damage to data caused by misuse of the Trial software.
This SOFTWARE and its source code are proprietary products of TiSoft and are protected by copyright and other intellectual property laws. The SOFTWARE is licensed and not sold. You acquire only the right to use the SOFTWARE and do not acquire any rights, express or implied, in the SOFTWARE other than those specified in this License. Interaction or inclusion of parts of the SOFTWARE in third-party products does not mean that the SOFTWARE, or any portion of it, is part of these products nor property of the companies owning these products.
TiSoft DOES NOT WARRANT THAT: (A) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT FUNCTIONS CONTAINED IN THE SOFTWARE WILL OPERATE IN COMBINATIONS OF SOFTWARE OR HARDWARE THAT MAY BE SELECTED FOR USE BY YOU; (B) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS, OUTPUT, OR DATA GENERATED BY THE SOFTWARE WILL BE FUNCTIONAL, COMPLETE OR RELIABLE. EXCEPT AS EXPRESSLY STATED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TiSoft SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, RELATING TO THIS AGREEMENT AND THE SOFTWARE AND ANY SERVICES PROVIDED TO YOU, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
THE LIABILITY OF TiSoft UNDER THIS AGREEMENT, REGARDLESS OF THE BASIS OF LIABILITY OR THE FORM OF ACTION, WILL NOT EXCEED THE FEES PAID TO TiSoft FOR THE PORTION OF THE SOFTWARE OR SERVICES CAUSING THE LIABILITY. IN NO EVENT WILL TiSoft BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, AND REGARDLESS OF WHETHER TiSoft HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, INCLUDING WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SOFTWARE, OR ANY RESULTS OBTAINED FROM OR THROUGH THE SOFTWARE.
This Agreement shall be construed, interpreted, and applied in accordance with the Greek Law. The Courts of Athens, Greece shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to this Agreement.