Emsa Systems End User License Agreement for Emsa DLL Register Tool, Freeware Ver

sion
IMPORTANT - READ THIS CAREFULLY: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA
") IS A
LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND EMSA S
YSTEMS LTD,
FOR THE EMSA SOFTWARE IDENTIFIED ABOVE, WHICH INCLUDES COMPUTER SOFTWARE AND MAY
INCLUDE
MEDIA, PRINTED MATERIALS, AND ELECTRONIC OR ONLINE DOCUMENTATION ASSOCIATED WITH
THE
SOFTWARE. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING
THE
SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORM
ATION AND
LIABILITY DISCLAIMERS. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE,
YOU ARE
CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BE BOUND BY THE TERMS
OF THIS
LICENSE AGREEMENT. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO INSTALL, DOWNL
OAD OR
OTHERWISE USE THE PRODUCT.
1. Definitions
(a) "Emsa" means Emsa Systems Ltd. and its licensors, if any.
(b) "Software" means the Emsa Systems software program(s) as well as any third p
arty
software programs supplied by Emsa, and any other corresponding media, printed m
aterials,
and online or electronic documentation.
(c) "Freeware Version" means a version of the Software, so identified, that can
does not
require purchasing. No fees are required for downloading and using such Software
, except
and limited to the value of media used to distribute the Software, if any.
2. License Grants
The licenses granted in this Section 2 are subject to the terms and conditions s
et forth in
this EULA:
(a) Emsa grants to you, and you accept, a nonexclusive license to use the Softwa
re in
machine-readable, object-code form only, and the accompanying user documentation
, only as
authorized in this End User License Agreement, and provided that you comply with
all terms,
conditions and license restrictions in this agreement.
(b) This product is freeware; therefore you are not required to pay for a licens
e of the
product. You may download the Freeware Version of the Software, free of charge f
rom Emsa's
website and install it on as many computers as you like, provided that you actua
lly own
such computers. You may make archive copies of this program for the purpose of b
acking up
our software, and you may also pass a copy by hand to anyone you know, provided
that the

copy of the Software includes all Emsa Systems copyright and other proprietary n
otices,
and only free of charge.
3. License Restrictions
(a) The Freeware Version Software comes with no warranties whatsoever. All risk
arising
from using this Software in any way, belongs to you and remains with you.
(b) You may not alter, merge, modify, adapt or translate the Software, or decomp
ile, reverse
engineer, disassemble, or otherwise reverse process, translate or otherwise redu
ce the
Software to a human-perceivable form.
(c) You may not assign, sublicense, transfer, pledge, rent, lease, or share your
rights under
this Eula. You may not sell copies of the Software.
(d) In the event that you may want to distribute this Freeware Version or includ
e it on
media like Floppy disks or CD or DVD which are then sold, or bundle within your
own
Products, or otherwise distributed to other people, you need to contact Emsa and
obtain
written acceptance for distributing the Software, prior to doing this. Under no
other
circumstances you are allowed to mass distribute the Software. However, you may
pass
the information required to download the software, like the Emsa website address
,
but you are not allowed to pass your own username and password (if any) to allow
other
parties to use your own website account for this purpose.
(e) No Support Services are available for Freeware Version Software.
(f) You agree that Emsa may audit your use of the Software for compliance with t
hese terms
at any time. In the event that such audit reveals any use of the Software by you
other than
in full compliance with the terms of this Eula, you shall reimburse Emsa for all
reasonable
expenses related to such audit in addition to any other liabilities you may incu
r as a
result of such non-compliance.
(g) Unless otherwise stated in this Eula, you may not modify the Software or cre
ate
derivative works based upon the Software.
(h) You shall not use the Software to develop any application having the same pr
imary
function as the Software.
(i) In the event that you fail to comply with this EULA, Emsa Systems may termin
ate your
license and you must destroy all copies of the Software (with all other rights o
f both
parties and all other provisions of this EULA surviving any such termination).

4. Copyright
This Software is protected by copyright law and international copyright treaty.
EMSA or its
representatives own own the title, copyright, and other intellectual property ri
ghts in the
Software. The Software is licensed, not sold. Except as otherwise provided in th
is statement,
you, or any other person or entity under your authority or control, may not tran
sfer, rent,
lease, lend, copy, modify, translate, sublicense, time-share, or electronically
transmit or
receive the software, media, or documentation.
5. Emsa Systems's Rights
You acknowledge and agree that the Software is a proprietary product of Emsa, pr
otected under
copyright law of Romania. You further acknowledge and agree that all right, titl
e, and
interest in and to the Software, including associated intellectual property righ
ts, are and
shall remain with Emsa. Emsa may terminate this License Agreement upon breach by
you of any
term hereof. Upon such termination by Emsa, you agree to destroy the Software an
d all copies
and portions of it that you have. Emsa reserves all rights not expressly granted
to you
in this agreement.
6. Warranty and Disclaimer
(a) There is no warranty at all. Emsa takes no responsibility whatsoever, to any
claim for
or right to recover any damages, including but not limited to, loss of profit, d
ata, or use
of the software or special, incidental, indirect or consequential damages whatso
ever
(including, but not limited to, damages for loss of profits or confidentialor ot
her
information, for business interruption, for personal injury, for loss of privacy
, for
failure to meet any duty including of good faith or of reasonable care, for negl
igence, and
for any other pecuniary or other loss) arising out of or in any way related to t
he use of or
inability to use the Product, the provision of or failure to provide Support Ser
vices, or
otherwise under or in connection with any provision of this agreement, even in t
he event of
the fault, negligence, strict liability, breach of contract or breach of warrant
y of Emsa or
any supplier, or other similar claims, even if Emsa has been specifically advise
d of the
possibility of such damages.
(b) Emsa specifically disclaims all other warranties, representations, or condit
ions, either
express or implied, including but not limited to, any implied warranty or condit
ion of
merchantability or fitness for a particular purpose. All other implied terms are
excluded.

(c) Specifically, EMSA makes no representation or warranty that the software or

documentation
are "error-free", "bug-free", "virus-free", operate without interruption, or mee
t any user's
particular standards, requirements, or needs. Under no event shall Emsa or its s
uppliers be
liable for any damages, to you and any other person, regardless of the form of t
he claim.
(d) Emsa shall have no responsibility if the Software has been altered in any wa
y, if the
media has been damaged by misuse, accident, abuse, modification or misapplicatio
n, or if the
failure arises out of use of the Software with other than a recommended hardware
or software
configuration.
(e) The Software is not designed, intended or licensed for use in hazardous envi
ronments
requiring fail-safe controls, including without limitation, the design, construc
tion,
maintenance or operation of nuclear facilities, aircraft navigation or communica
tion
systems, air traffic control, and life support or weapons systems. Emsa Systems
specifically
disclaims any express or implied warranty of fitness for such purposes.
7. Third party products
Emsa is not responsible for, and does not make any representation, warranty, or
condition
concerning product, media, software, or documentation not manufactured or suppli
ed by Emsa,
such as third-parties' programs that are designed using Emsa software or which i
nclude Emsa
programs or files.
8. Support services
No Support Services are available for this Software.
9. Miscellaneous
This Agreement contains the sole and entire agreement between the parties with r
espect to the
subject matter of this Agreement and supersedes any and all other prior written
or oral
agreements between them. No amendment, waiver, or modification of this Agreement
or any
provision of this Agreement shall be valid unless in writing and duly executed b
y the parties.
This Agreement shall be binding upon and inure to the benefit of the parties and
respective
heirs, legal representatives, administrators, successors, and assigns. In the ev
ent of
litigation between the parties to enforce the provisions of or with respect to t
his Agreement,
the prevailing party shall be entitled to reimbursement for attorney's fees and
costs at trial
and on appeal. Captions contained in this Agreement are inserted only as a matte
r of
convenience or for reference and in no way define, limit, extend, or describe th

e scope of
this Agreement or the intent of any provision of this Agreement. The parties hav
e entered
into this Agreement solely for their own benefit. They intend no third person or
party to be
able to rely upon nor enforce this Agreement nor any part of this Agreement. You
shall not
assign rights nor delegate duties under this Agreement without the prior written
consent of
Emsa. Any purported assignment or delegation violating this provision shall be v
oid.
12. Governing Law, Jurisdiction and Venue
This Agreement and the interpretation of its terms shall be governed solely by t
he laws of
Romania. The parties consent to the exclusive jurisdiction of the Romanian court
s in Bucharest
and agree that exclusive venue shall lie in Bucharest, Romania. If any provision
of this
Agreement shall be held invalid or unenforceable by any court of competent juris
diction or
as a result of future legislative action, such holding or action shall be strict
ly construed
and shall not affect the validity or effect of any other provision of this Agree
ment.
End of document