Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE
DOWNLOADING OR USING THE SOFTWARE.
BY CLICKING ON THE "INSTALL" BUTTON, OPENING THE PACKAGE,
DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS
THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF
YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE
"INSTALL" BUTTON AND THE INSTALLATION PROCESS WILL NOT
CONTINUE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL
REFUND, OR DO NOT DOWNLOAD THE PRODUCT.
Single User License Grant: enprovia Software Engineering, s.r.o. ("enprovia") and its
suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to
use the enprovia software ("Software") in object code form solely on a single central
processing unit owned or leased by Customer or otherwise embedded in equipment
provided by enprovia.
Multiple-Users License Grant: enprovia Software Engineering, s.r.o. ("enprovia") and
its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license
to use the enprovia software ("Software") in object code form: (i) installed in a single
location on a hard disk or other storage device of up to the number of computers owned
or leased by Customer for which Customer has paid a license fee ("Permitted Number of
Computers"); or (ii) provided the Software is configured for network use, installed on a
single file server for use on a single local area network for either (but not both) of the
following purposes: (a) permanent installation onto a hard disk or other storage device of
up to the Permitted Number of Computers; or (b) use of the Software over such network,
provided the number of computers connected to the server does not exceed the Permitted Number of Computers. Customer may only use the programs contained in the Software (i) for which Customer has paid a license fee (or in the case of an evaluation
copy, those programs Customer is authorized to evaluate) and (ii) for which Customer
has received a product authorization key ("PAK"). At enprovia's option, enprovia may
terminate this license for failure to pay the required license fee.
Customer may make one (1) archival copy of the Software provided Customer affixes to
such copy all copyright, confidentiality, and proprietary notices that appear on the
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY,
IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE
SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION
OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE
DERIVATIVE WORKS OF THE SOFTWARE.
Customer agrees that aspects of the licensed materials, including the specific design
and structure of individual programs, constitute trade secrets and/or copyrighted material
of enprovia. Customer agrees not to disclose, provide, or otherwise make available such
trade secrets or copyrighted material in any form to any third party without the prior
written consent of enprovia. Customer agrees to implement reasonable security
measures to protect such trade secrets and copyrighted material. Title to Software and
documentation shall remain solely with enprovia.
NO WARRANTY: The software is provided AS IS. In no event does enprovia warrant
that the Software is error free or that Customer will be able to operate the Software
without problems or interruptions.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM
A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY
EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL ENPROVIA OR ITS SUPPLIERS BE LIABLE FOR ANY LOST
REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF
THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SOFTWARE EVEN IF ENPROVIA OR ITS SUPPLIERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall enprovia's or its
suppliers' liability to Customer, whether in contract, tort (including negligence), or
otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even
if the above-stated warranty fails of its essential purpose. SOME COUNTRIES OR STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES.
The above warranty DOES NOT apply to any beta software, any software made
available for testing or demonstration purposes, any temporary software modules or any
software for which enprovia does not receive a license fee. All such software products
are provided AS IS without any warranty whatsoever.
This License is effective until terminated. Customer may terminate this License at any
time by destroying all copies of Software including any documentation. This License will
terminate immediately without notice from enprovia if Customer fails to comply with any
provision of this License. Upon termination, Customer must destroy all copies of
This License shall be governed by and construed in accordance with the laws of the
Slovak Republic. If any portion hereof is found to be void or unenforceable, the
remaining provisions of this License shall remain in full force and effect. This License
constitutes the entire License between the parties with respect to the use of the