End User License Agreement
Vizi Modeler1 for Microsoft Visio™
ITP COMMERCE LTD. SOFTWARE END USER LICENSE AGREEMENT FOR DESKTOP USE ONLY
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND ITP COMMERCE. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING THE DOWNLOAD OR INSTALL NOW BUTTON AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE.
“itp commerce” means itp commerce Ltd. and its licensors, if any.
“Software” means only the itp commerce software program(s) and third party software programs, in each case, supplied by itp commerce herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation, and all updates or upgrades of the above that are provided to you.
All right, titles and interest in and to the Software and the files associated therewith are owned by itp commerce or its suppliers. The foregoing rights to the Software are limitedly licensed to you as mentioned in following Article 3. Nevertheless, this provision should not be construed as an expression to assign or sell any copyrights or any other intellectual property rights to the Software from itp commerce to you.
3. Grant of License
1. itp commerce grants you a non-exclusive license to install and use one copy of the Software on one computer hardware.
2. itp commerce further grants you a license to make only one copy of the Software solely for archival purposes. Any such copy shall also reproduce all copyright and intellectual property rights notices.
3. Except for expressly stipulated in Sections 3.1 and 3.2 above, itp commerce does not grant you any license relating to the Software. Especially, you may not (i) make any copies of the Software except as expressly permitted in accordance with Sections 3.1 and 3.2 of this EULA, (ii) modify the Software, (iii) reverse engineer, disassemble, decompile or use the Software to create any derivative software, unless such activity is expressly permitted by applicable law notwithstanding this limitation, (iv) use the Software on more than one computer hardware concurrently, (v) rent or lease the Software, (vi) make available to download the Software to the public, or (vii) transfer the Software to any third person or parties by wire or any other means.
4. No Warranties
ITP COMMERCE IS IN NO EVENT RESPONSIBLE TO ANY WARRANTIES REGARDING TO THE SOFTWARE DOWNLOADED BY YOU. ITP COMMERCE SHALL IN NO EVENT WARRANTS THAT THE SOFTWARE HAS NO BUGS OR OTHER NON-CONFORMANCES, THAT THE SOFTWARE DOES NOT INFRINGES ANY OTHER THIRD PARTIES RIGHTS, OR THE SOFTWARE’S CORRECTIVENESS OR COMPLETENESS.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITP COMMERCE EXPRESSLY DISCLAIMS ANY LIABILITY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE. FURTHER, IN NO EVENT SHALL ITP COMMERCE BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ITP COMMERCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement will become effective upon your acceptance and continue in effect unless you cease to use the Software. However, itp commerce may terminate this Agreement without notice if you breach any of its provisions. This Agreement will be valid for the installation and use for one copy of the Software and remain in effect for any future installations of the Software.
7. Changes / Modifications
Any modification, amendment or waiver of any provision of this Agreement must be agreed upon in writing in order to be valid.
8. Exclusion of any Standard Business Conditions
This Agreeement covers any terms and conditions between itp commerce and you. No additional standard terms and conditions, issued by either you or itp commerce, shall become applicable.
9. Governing Law / Forum
This agreement shall be subject to, governed by and construed and interpreted in accordance with the substantive laws of Switzerland exclusively.
All disputes arising out of or in connection with the Agreement, including but not limited to disputes on its construction, execution or interpretation shall be dealt with by the ordinary courts of Bern/Switzerland exclusively.
If any provision of this Agreement is held to be invalid or unenforceable for any reason it shall be adjusted rather than voided, if possible, in order to achieve the intent of the parties to the Agreement to the fullest extent possible. In any event, all other provisions of the Agreement shall be deemed valid and enforceable to the fullest extent possible.