IMPORTANT NOTICE: PLEASE READ THIS END-USER LICENSE AGREEMENT (EULA) CAREFULLY BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE AND DOCUMENTATION ("SOFTWARE"), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE SOFTWARE. THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT.
This EULA is a legal agreement between You and Opencartis, SL, including its subsidiaries, affiliates and contractors acting on Our behalf (collectively "Opencartis", "Us", "We", or "Our") regarding Your use of the Opencartis, or one of its subsidiary's Software. From time to time, We may in Our sole discretion update or modify this EULA.
IF YOU AGREE TO THIS EULA, YOU ARE GRANTED A LIMITED, PERSONAL, WORLDWIDE, ROYALTY-FREE, NON-ASSIGNABLE, NON-SUBLICENSEABLE, NON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE TO USE THE SOFTWARE. YOU ARE PERMITTED TO USE ONE (1) COPY OF THE SOFTWARE FOR YOUR (A) PRIVATE, NON-COMMERCIAL PURPOSES AS A PRIVATE USER, AND/OR (B) COMMERCIAL PURPOSES AS A SERVICE PROVIDER IN A COMMERCIAL BUSINESS ("BUSINESS USER"). THIS SOFTWARE IS LICENSED PER HOUSEHOLD OR PER SINGLE ADDRESS ("ADDRESS"). YOU MAY ONLY DOWNLOAD AND INSTALL THE SOFTWARE ON ONE COMPUTING DEVICE. YOU MAY NOT RE-INSTALL THE SOFTWARE ON A SECOND COMPUTING DEVICE UNLESS THE ORIGINAL COMPUTING DEVICE FAILS, IF AUTHORIZATION CODES ARE REQUIRED YOU MAY NEED TO CONTACT CUSTOMER SERVICE AND REQUEST APPROVAL TO RE-INSTALL THE SOFTWARE ON A NEW COMPUTING DEVICE, AND YOU CERTIFY TO OPENCARTIS THAT YOU DEINSTALLED THE SOFTWARE FROM THE FAILED COMPUTING DEVICE. IF YOU HAVE PURCHASED MULTIPLE LICENSES FOR THE SOFTWARE, AT ANY TIME YOU MAY HAVE AS MANY COPIES OF THE SOFTWARE IN USE AS YOU HAVE LICENSES.
LICENSE TO USE THE SOFTWARE. The Software is licensed to You, not sold to You. You must lawfully acquire the Software from Us, or Our authorized resellers. Otherwise You don't have a right to use the Software. You may only purchase and/or download the Software from Opencartis or its authorized reseller's store, eStore, or website that is located in the country in which you hold legal residency. This EULA does not apply to any Software installed on a hardware partition, blade, or terminal server, or in any other virtualization environment (collectively "Virtualization Environment"). You may not allow the Software to be accessed, operated, or viewed from, or installed or uploaded to, other computers through a network connection. A separate license agreement must be entered into with Opencartis to obtain the right to use the Software for a Virtualization Environment, network connections or volume purchases. You agree that if the Software requires mandatory activation or email validation, You will complete the process providing Opencartis with accurate information. Your use of the Software is suspended until You complete the activation and/or registration process. The Software may include digital images, stock photographs, clip art, fonts, sounds or other artistic works ("Stock Files"). The responsibilities and restrictions relating to the Software apply to the Stock Files. Opencartis reserves all rights not expressly granted to You in this EULA. BUSINESS USERS: If You are a business, You agree to maintain records, systems and/or procedures that accurately record the number of copies of the Software that have been acquired and installed on Your Computers and will keep the records for two (2) years from the date Your license to use the Software ends. Opencartis may conduct an audit (remotely or at Your facility) of records and systems from Your business, to verify that Your installation of the Software conforms with a valid license from Opencartis. Opencartis will not conduct more than one (1) audit per year. If the audit results find that Your use does not conform to a valid license, then You will immediately obtain a valid license for the Software.
YOUR RESPONSIBILITIES WHILE USING THE SOFTWARE. With regard to Your Use of the Software under this EULA, You have certain responsibilities. The Software may include product activation and other technology designed to prevent unauthorized use and copying. You may not sell, rent, lease, resell, or loan the Software. If You purchase the Software as a gift to a third person, the third person must accept the terms of this EULA before using the Software. You may not reverse engineer, decompile or disassemble the Software. While We own Our Software, You own and are responsible for the content ("Content") that You create or have created for You resulting from the use of Our Software (including any add-ons or plug-ins to Our Software that You create or have created for You). You agree that, in connection with Your use of the Software, You are responsible for the direct and/or indirect consequences of any of the (a) Content You create and (b) third party photos or images that You use or modify in creating Your Content, especially in situations where You share Your Content with family, friends, clients and/or third parties such as members of social networking sites (e.g., Facebook, Flickr, LinkedIn, etc.). Opencartis can neither monitor nor control what third party social networking sites or the members or users of such sites do with Your content You share. You are responsible for independently verifying the accuracy and completeness of Your content. You may not modify or create derivative works based upon the Software. You represent and warrant to Us that You will comply with all applicable laws and regulations impacting Your use of the Software including data protection and privacy laws. You agree that You will not use the Software in a way that is unlawful or that violates the rights of a third party. If We get sued or a claim is brought against Us by a third party due to (a) Your actions, (b) Your failure to act when required, or (c) Your content, then You agree to defend, indemnify and hold Opencartis harmless. You may receive updates, bug fixes, feature enhancements or improvements, or other data relating to the Software (collectively "Updates") downloaded to Your computer with a notice describing what is included in the Update and the purpose of the Update. You will have to choose either to install the Update on Your computer device or opt out and not install the Update. If You do not install the Updates the Software may not perform properly.
OUR INTELLECTUAL PROPERTY RIGHTS. The Software is protected by international intellectual property laws and treaty provisions. Therefore, You may not distribute the Software without Our permission. If You purchase or download the Software in China, India, Indonesia or Vietnam, You may not copy the Software for any purpose. If You purchase or download the Software in a country not specifically prohibited under this EULA, You may only make one (1) copy of the Software or You may keep one (1) copy of the Software on a single hard drive for backup or archival purposes. For backup or archival purposes only, You may either make only one (1) copy of the Software or print one copy of any user documentation if You downloaded the Software or You may keep one (1) copy the Software on a single hard drive. Otherwise, You may not copy the Software (or print copies of any user documentation if You downloaded the Software). You agree that Opencartis, the Opencartis logos, and other Opencartis trademarks, service marks, and graphics are trademarks of Opencartis or are trademarks of Opencartis's partners ("Marks"). You are not granted a right to use Marks without the owner's permission. You will not remove, obscure or alter any proprietary notices affixed to or contained within the Software. You understand and agree that We have the right to stop selling, distributing, servicing or updating the Software (any part of it), and services or offerings at any time.
USAGE AUDITING, PIRACY AND OUR PRIVACY POLICY. Our audit and collection of any of Your data and Your use of the Software is subject to Opencartis's Privacy Policy. We may audit Your software usage for anti-piracy purposes, to verify a valid registration, and identify if new Updates are available for Your Computer prior to sending You a notice to install a new Software Update, and to assess Your use of the Software. You consent to the Software sending usage data (e.g., the number of instances the Software is launched, the device IP address, and/or the version of the Software), for registration, authentication, use and anti-piracy auditing and enforcement purposes.
PRE-COMMERCIAL RELEASE OR BETA SOFTWARE. If the Software You have received with this EULA is a pre-commercial release or a beta version, then You understand the Software is pre-release, non-commercial version and does not represent a final product of Opencartis. The Software may contain bugs, errors and other problems that could cause computer system failures and data loss. THEREFORE, ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN "AS-IS" BASIS AND OPENCARTIS DISCLAIMS ANY AND ALL WARRANTIES OR LIABILITY TO YOU OF ANY KIND.
ACADEMIC SOFTWARE. If the Software is identified as an academic or education edition version in the user documentation or on the purchase or download page of the website, and You qualify as an academic end user, You may install and access one (1) copy of the Software on up to the permitted number of computers, as agreed to by You and Opencartis, but only for educational purposes and for no other purpose. Academic versions of the Software may not be used for commercial, professional, or other for-profit purposes. Notwithstanding the foregoing, You are not entitled to use the Software unless You qualify in Your jurisdiction as an academic end user (e.g., student or personal learning versions of the Software may only be used by faculty, staff members and degree, diploma or certificate-seeking students at qualified educational institutions). Contact Opencartis or Your local Opencartis authorized reseller to determine whether You qualify as an academic end user and to learn more about Our academic programs and products. Work product and other data created with academic or education edition versions of the Software may contain certain notices and limitations that make the data unusable outside the educational use area. If You combine or link data created with educational institutional versions, student versions, or personal learning editions of the Software with data otherwise created, then that data may also be affected by these notices and limitations. Opencartis shall have no responsibility or liability whatsoever if You combine or link data created with educational institutional versions, student versions, or personal learning editions of the Software.
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