By installing or using software products Uninstall Tool, AnyToISO, Macs Fan Control (the “Software”) by CrystalBit Solutions (BE.0663.661.924, vestigingseenheid) (the “Company”) you indicate your agreement to the terms of this End User License Agreement (the “Agreement”). If you do not agree to the terms herein, you are not authorized to copy or use the Software. The Software, all images, photographs, icons, and text incorporated in the Software, is owned by Company or its suppliers and is protected by copyright laws and international treaty provisions. Except to the extent expressly licensed herein, all rights are reserved to Company and its suppliers.
ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE TERMS SET FORTH BELOW. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE.
The Company grants you a non-exclusive, royalty-free, worldwide license to use the executable version of the Software, where “use” in this Agreement means storing, loading, installing or executing the Software. You may not modify the Software or disable any licensing or control features of the Software. You agree that you may not copy the written materials accompanying the Software. You may copy the software for archival purposes so long as the copy is unmodified from the original distribution and the copy retains all of the original Software’s proprietary notices. You may not rent or lease your rights to the Software or documentation. If you are an individual and this Agreement is for a single license, you may install the Software on multiple computers provided that not more than one of those computers is in use simultaneously and that those computers are solely for your own use. If the Software license you have is for a single user license then the Software may be installed on a computer that is for multiple users but it may not be installed on more than one computer regardless of whether those computers are operated simultaneously or not. If this Agreement is for a multi-user (site) license, the number of computers on which the Software is installed may not exceed the number of licenses purchased, regardless of whether the computer is used by multiple users or not. You may use this software in a networked environment on computers other than the computer on which the software is installed provided that you have purchased licenses for each computer that will use the software, regardless of whether those computers will use the software at the same time or not.
All rights, title and interest in and to the Software is owned and copyrighted by the Company or its third party suppliers. Your license confers neither title to nor ownership in the Software and is not a sale of any rights in the Company. Company third party suppliers may protect their rights in the event of any violation of this License Agreement as if such suppliers were parties to this License Agreement. No license is given to you under any patent or patent application of Company.
“CrystalIDEA”, the names of the individual Software products, and the associated logos are trade names and trademarks of the Company, whether or not registered in any jurisdiction. Nothing in this Agreement grants you any right to use them, other than to refer to the Software accurately and truthfully.
30% share of the Software price is always the royalty of the intellectual property owner (the “Company” owner).
Other than as provided in the License Grant section of this agreement, you may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations.
The Software contains technical measures intended to verify that it is properly licensed. Once you activate (register) the Software with a license key, the activated copy connects at start-up to the Company’s license verification service at crystalidea.license-manage.com in order to validate that license. You acknowledge and agree that this validation is an integral part of the Software and a condition of the license granted in Section 1, and that an internet connection may therefore be required to use an activated copy.
For validation purposes only, and in encrypted form, the Software transmits the license key (without your name or e-mail address), a hardware identifier (a hash string derived from your computer’s hardware components), the version of the Software and the version of your operating system. The hardware identifier is not capable of storing personal or private information, and the license key alone is not sufficient to activate the Software elsewhere. As with any connection to an internet server, the service also receives the public IP address from which your computer connects; it is not used to determine your precise location. No such data is transmitted while the Software is used in trial, lite, free or otherwise unregistered mode. Further details are set out in the applicable Privacy Policy.
You may not disable, block, circumvent, tamper with or otherwise interfere with this validation, and any attempt to do so is a material breach of this Agreement. The Company reserves the right to revoke a license key that is used in breach of this Agreement, in particular where the Software is activated on more computers than the number of licenses purchased, or where the validation described above is disabled, blocked or circumvented. Once revoked, a key no longer activates the Software, and copies previously activated with it revert to the unregistered mode. The Company may change or discontinue the validation mechanism at any time, provided that doing so does not deprive you of the use of a validly licensed copy of the Software.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, THE COMPANY’S LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE LICENSE FEE, IF ANY, PAID BY YOU DIRECTLY TO THE COMPANY FOR USE OF THE PRODUCT OR ANY LICENSE FEE RECEIVED BY THE COMPANY FOR THE USE OF THE PRODUCT IF PURCHASED THROUGH AN AUTHORIZED THIRD PARTY.
YOUR EXCLUSIVE REMEDY SHALL BE, AT COMPANY OPTION, REPAIR OR REPLACEMENT OF THE SOFTWARE OR REFUND OF PART OR ALL OF THE LICENSE FEE, IF ANY, PAID BY YOU FOR THE SOFTWARE.
This Software is intended for use with data, media, files, and content for which you have sufficient rights to, authority for, or ownership of. It is your responsibility to ascertain whether copyrights, patents, or other licenses are needed for the content that you use in conjunction with this Software. You agree to hold harmless, indemnify and defend the Company, its officers, directors, employees and third party suppliers against any loss, damage, fine, or expense including attorney’s fees arising out of or related to any claim that you have used this Software in violation of applicable laws in your jurisdiction. It is your responsibility to abide by the laws of whichever jurisdiction you reside in.
This Agreement shall continue for the duration of Company copyright in the Software, unless earlier terminated as provided herein. The Company may terminate your license immediately without notice to you for your failure to comply with any of the terms set forth in this Agreement. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions thereof in any form. Obligations to pay accrued charges or fees shall survive the termination of this Agreement.
If you are an individual and this Agreement is for a single license, then this license is personal to you but you may assign your rights under this Agreement to a third party who agrees in writing to be bound to this Agreement prior to the assignment and provided that you transfer all copies of the Software, registration keys and/or codes, and related documentation to the third party and destroy any copies not transferred. If you are an individual and this Agreement is for a multi-user license, or you are not an individual and are an entity, then you may not assign your rights under this Agreement without the prior written permission of the Company. If you are an entity that merges with or is acquired by another entity then your rights under this Agreement shall be deemed to be temporarily assigned to the resulting entity of that merge or acquisition provided that you supply the Company with written notice not later than the date on which any public announcement of that merger or acquisition is made. Upon receipt of written notice, the Company shall have thirty (30) days to either accept or reject the assignment of rights.
You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.
The Software and any accompanying documentation have been developed entirely at private expense. They are delivered and licensed as “commercial computer software.” If this Software is acquired under the terms of a DOD or civilian agency contract, use, reproduction or disclosure of the Software by the Government is subject to the restrictions set forth in this License Agreement in accordance with 48 C.F.R. 227.7202 or 48 C.F.R. 12.212, respectively.
Company shall not become or be deemed a partner or a joint venturer with you by reason of the provisions of this license.
Irrespective of the place of execution or performance, this License Agreement shall be governed and construed in accordance with the laws of a jurisdiction of Company’s choosing. Any litigation to enforce or interpret the provisions of this License Agreement or the parties’ rights or obligations arising out of this License Agreement or the performance hereunder shall be maintained only in the courts in a City of Company’s choosing, and the parties expressly consent to personal jurisdiction in such courts. In the event that you breach this Agreement or indicate your intention to breach this Agreement in any manner that violates or may violate the Company’s intellectual property rights or may cause continuing or irreparable harm to the Company, the Company may seek injunctive relief in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
Unless otherwise expressly agreed in writing, this License Agreement, together with any product-specific license agreement published by the Company for an individual product (such as the Uninstall Tool End-user License Agreement), constitutes the sole and exclusive agreement between you and Company with regard to the Software, and supersedes all prior agreements, whether oral or written, and other communications between the parties relating to the subject matter set forth herein. Where a product-specific license agreement conflicts with this Agreement in respect of the product it covers, the product-specific agreement prevails.
To ensure that all customers have enough time to evaluate whether the purchased product and service meet their needs, the Company provides a 30-day Money Back Guarantee. Refund request will be approved according to the Refund Policy.
Merci de nous contacter pour toute question au sujet de CrystalIDEA ou de nos produits