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End User Software License Agreement.
Present license agreement (hereinafter "agreement") is a juridical
agreement, contracted between You (physical or juridical person,
hereinafter "user") and "NetUP Inc." (hereinafter "NetUP") concerning
mentioned above program product of NetUP, which includes software
presented on appropriate carriers, any printed materials and any
"built-in" or "electronic" documentation (hereinafter "product").
If you do not agree to the terms of this license agreement, do not
install, access or use the product; instead, you should return it
to your place of purchase for a full refund.
1. VOLUME OF LICENSE
1.1 Single product complete set can be used for installation on one
computer only.
1.2 Product is regarded as in use if it is loaded into operating memory
(RAM) or copied to hard drive, compact-disc or any other memory bank of
a certain computer.
1.3 User possesses right of creation of archive copy, intended only for
individual using for product restoration, or of product moving to the
hard drive under condition that original copy is saved only as reserved or
archive copy.
2. NetUP and its distributors guarantee change of non-quality optical,
magnetic or other carriers, on which product for installation was
supplied.
User's rights and services, resulted from guarantee commitments, are
provided only for registered users.
Registered user get additional rights of:
" Technical support by e-mail;
" Access to expansions, updates modifications available on NetUP's web
site (www.netup.biz);
" Regular information of product's changes, new modifications and
services;
Guarantee service and technical support of product, which is located at
users, is provided only for registered users and only for that certain
modification of product, which is pointed in registration card, appeared
to be an enclosure to present agreement. Registration card is filled during
installation.
3. Present license also concerns renewals and additions of initial
product, provided by NetUp, if opposite is not pointed in documents, concerning
renewal or addition.
4. Product is permitted to carry to another work station. Initial user
of product possesses right of one-time delivery of it to another person.
Such delivery must include all components, carriers and printed materials,
present agreement and certificate of authenticity, if it is available.
It is prohibited to hire or to lease product, or to give it for temporary
using.
5. It is forbidden to unseal technology or to decompile product, except
that cases and only to a certain degree, when these actions are directly
permitted by suitable laws, in spite of this limit presence in license
agreement.
6. NetUP company possesses right to stop operation of present agreement
under conditions of user does not observe its clauses and conditions. In
this case user is obliged to destroy all copies of product and its
components he has.
7. User agrees that NetUP company possesses right to collect and use
technical information, which user gives to technical support service,
appealing about product.
8. To maximum degree, which is admitted by suitable laws, under any
conditions NetUP company and its providers are not responsible for any
special, casual, indirect or any other prejudice or damage (including,
but not limited with listed, missed profit, loss of confidential or any
other information, damages, caused by breaks in commercial or production
activity, health damage, violation of private life inviolability, non-execution of
any obligations, including obligation of acting conscientiously and with
reasonable discretion, damage caused by negligence, any other damage and
losses of property or other type), which appear as a result of product
using or impossibility of product using, of submitting or non-submitting of
support service, of other cases which are included in or connected with
aspects of present license agreement, even in case of obligation
infringement, civil law infringement (including negligence), objective
(fault-independent) responsibility for any damage, infringement of
contract or guarantee obligations by NetUP company or its providers, even if
NetUP company or its providers have been informed about possibility of such
damage in advance. NetUP company and its providers are not responsible and have
no obligations in case of unsanctioned using of product, which is not
included in present agreement.
9. Present agreement comes into effect beginning from the moment of its
signing. Both copies have the same juridical effect. Present agreement
is effective during unlimited period of time, except case, when rights of
product using are delivered, provided by paragraph 4 of present
agreement.
10. All proprietary rights, author rights for the product and concerning
it, belong to NetUP company and its providers. Present product is submitted
for using ("licensed"), but is not sold.
11. NetUP trough it's Partners is engaged to carry out free technical
support of product beginning from the moment of signing of present
license agreement during 30 calendar days by e-mail. Further product
support is specified separately.
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