PLEASE READ THE SOFTWARE LICENSE AGREEMENT CAREFULLY. PERMISSION TO USE THIS SOFTWARE IS CONDITIONAL ON YOU AGREEING TO THE TERMS OF THIS LICENSE. IF YOU USE THIS SOFTWARE YOU ARE AGREEING TO THE TERMS OF THIS LICENSE.
1. WARRANTY DISCLAIMER
THIS PRODUCT IS DELIVERED TO YOU 'AS IS' AND WITH ALL FAULTS. Pegasun DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THIS PRODUCT. EXCEPT TO THE EXTENT THAT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT BE EXCLUDED OR LIMITED BY LAW. WE MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR OTHER TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PURPOSE. THE PROVISIONS OF THIS SECTION 2 SHALL SURVIVE THE TERMINATION OF THIS LICENSE HOWSOEVER CAUSED.
2.1 BACKGROUND TO THE LICENSE:
A. A reference in this license to the “Software” means the software product identified above and a reference to the “Documentation” includes any documentation provided by Pegasun to use the software. Pegasun software product(s) identified in this license also includes associated software components, media, printed materials, and "online" or electronic documentation.
B. You wish to use the Software.
C. Pegasun grants you a non-transferable non-exclusive license to use the Software on the terms and conditions of this license.
2.2 PRODUCT LICENSE
In consideration of the payment by you of the applicable fee indicated on Pegasun’s web site (unless the Software is free of charge, which will also be indicated) in respect of the Software (the “Fee”), Pegasun grants to you a non-exclusive and non-transferable license to:
A. install and use the Software and Documentation for your own personal or internal business purposes subject to the terms of this license
B. use the Software and Documentation strictly in accordance with the provisions of this license
and any documentation provided by Pegasun for that purpose
Pegasun reserves all rights not expressly granted to you in this license.
2.3 GRANT OF LICENSE
The SOFTWARE PRODUCT is licensed as follows:
A. Installation and Use.
Pegasun grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed (Windows XP, Vista, 7, and 8).
B. Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation and free versions available for download from Pegasun's website may be freely distributed.
C. Prohibition on Reverse Engineering, Decompilation, Disassembly, and other modifications.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity's expressly permitted by applicable law notwithstanding this limitation. You must not modify or alter the Software or merge all or any part of the Software with any other software without Pegasun’s written permission. If the Software is modified or altered:
1. the costs associated with the modifications or alterations will be borne solely by you; and
2. you will fully indemnify Pegasun against all liability, cost and expenses (including
legal costs) which may be incurred by Pegasun; also, if such modifications or alterations
infringe any intellectual property rights of a third person or otherwise cause Pegasun to
suffer loss, damages or expense.
The Software that is modified or altered remains as the property of Pegasun in all respects, whether modified by you, Pegasun, or a third party and whether or not authorized pursuant to this License. You must assign to Pegasun all intellectual property rights arising out of any modifications to the Software.
This license applies to the Software as modified or altered.
You may not resell, rent, lease, or lend the SOFTWARE PRODUCT.
E. Support Services
Pegasun may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
F. Compliance with Applicable Laws
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, Pegasun may terminate this EULA if you fail to comply with the terms and conditions of this EULA without notice. A party may terminate this license immediately by written notice if:
1. the other party is in material breach of any term of this license and such breach is not remedied within thirty (30) days of notification; or
2. the other party becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration.
In such events, you must immediately cease using the Software and destroy all copies of the SOFTWARE
PRODUCT and the Documentation in your possession.
All titles, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Pegasun or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Pegasun.
2.4 The Software licensed to you may be used by a single person personally on one computer. Only you can use this copy of the software. In order for someone else to use a copy of this software they must obtain their own individual and separate license.
A. to supervise and control the use of the Software in accordance with the terms of this license;
B. to ensure that (if applicable) your employees, sub-contractors and other agents who have authorized access to the Software are made aware of the terms of, and comply with, this license;
C. to not provide or otherwise make available the Software in any form to any person other than as permitted in this license; and
D. to ensure that any permitted copy of the Software and Documentation bears notice of Pegasun’s ownership of copyright.
2.5 In consideration of your agreeing to abide by the terms of this License and subject to your
compliance with the terms of this License, Pegasun grants you a non-exclusive, non-transferable license to use the Product for the following purposes and in the following manner:
o You may NOT use the Product to engage in or allow others to engage in any illegal activity.
o You may NOT transfer or assign your rights or obligations under this License to any person or authorize all or any part of the Product to be copied on to another user's computer.
o You are NOT permitted to grant any sub-licenses of the Product.
o You are under no obligation to purchase any Product support from Pegasun. However, where you do so, this License is subject to any further limitations which may be set out in your support agreement with Pegasun.
3. LIMITATION OF LIABILITY
IN NO CIRCUMSTANCES WILL Pegasun BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS, LOST INFORMATION, LOSS OF DATA NOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES , even if Pegasun has been advised of the possibility of such damages. Pegasun shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. THE FOREGOING LIMITATIONS AND EXCLUSION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. Nothing in this License limits Pegasun’s liability to you in the event of death or personal injury resulting from our negligence or for fraud. The provisions of this section 6 shall survive the termination of this License howsoever caused.
4. LAW AND JURISDICTION
This License and any dispute or claim arising out of or in connection with it or its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with The United States law and submitted to the non-exclusive jurisdiction of The United States courts.
5. INTELLECTUAL PROPERTY RIGHTS
The Product is intellectual property of Pegasun and is protected by law. You acknowledge that all intellectual property rights in the Product anywhere in the world belong to Pegasun; the rights in the Product are licensed (not sold) to you, and that you have no rights in, or to, the Product other than the right to use them in accordance with the terms of this License.
6.1 You are responsible for the use, supervision, management and control of the Software and Documentation.
6.2 You must use reasonable endeavors to ensure that the Software is protected at all times from misuse, damage, destruction or any form of unauthorized use.
6.3 You must keep accurate records of use, copying, modification and disclosure of the Software.
7. UPDATES AND NEW RELEASES
7.1 Pegasun may in its sole discretion notify you from time to time of any update or new release of the Software which provides functions equal to or better than the Software.
7.2 Where an update or new release is provided by Pegasun:
A. you must immediately install the update or new release and Pegasun is not liable for, and will (notwithstanding any other provision of this license) not accept any liability for any previous version or release; and
B. you may be required to enter into a new license for the new update or release and this license (and any previous license for the Software) will be terminated immediately upon your acceptance of those terms. In the event that no new license is supplied, this license will continue to apply in all respects to the update or new release which shall be deemed to be the Software for the purpose of this license.
8. LICENCE FEES
8.1 The license and Fee (if any) are exclusive of taxes, duties and charges imposed or levied in The United States in connection with the supply and installation of the Software. Without limiting the foregoing, you shall be liable for any subsequent taxes, duties or charges in respect of the Software.
9. GOODS AND SERVICES TAX
9.1 All amounts payable or other consideration provided in respect of supplies made in relation to this license are exclusive of GST (if any). Where a supply is a taxable supply, all amounts payable or other consideration provided must be increased by the amount of GST payable in relation to the supply.
9.2 All GST must be paid at the time any payment to which it relates is payable (provided a tax invoice has been issued for the supply). Where any GST payable is not referable to an actual payment, then it must be paid within ten (10) days of a tax invoice being issued by the party making the supply.
10.1 A party may not, without the prior written approval of the other party, disclose the other party’s Confidential Information (as defined below). A party will not be in breach of this license in circumstances where it is legally compelled to disclose the other party’s Confidential Information.
10.2 Each party must take all reasonable steps to ensure that its employees and agents, and any sub-contractors engaged for the purposes of this license, do not disclose the other party’s Confidential Information.
10.3 A party may disclose the other party’s Confidential Information:
A. to its related companies, solicitors, auditors, insurers and accountants who require information for the purpose of this license; or
B. if required to disclose the information by law or the rules of any Stock Exchange.
10.4 This clause will survive the termination of this license.
Calling/Executing Pegasun products from your own program
You are allowed to call/execute Pegasun products from your own programs. This is allowed for personal use only. If you are seeking this method for commercial usage, you must contact us and ask for permission first.
PLEASE READ THE FOLLOWING AGREEMENT TERMS CAREFULLY BEFORE USING THIS METHOD. USE OF Pegasun PRODUCTS IS EXPRESSLY SUBJECT TO AND CONDITIONED ON YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, DO NOT ACQUIRE OR USE Pegasun PRODUCTS.
THE USE OF Pegasun PRODUCTS OTHER THAN IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT OR AS OTHERWISE AUTHORIZED BY LAW, IS STRICTLY PROHIBITED.
Pegasun hereby grants a nonexclusive, nontransferable license to use the Pegasun products in accordance with the following guidelines:
Pegasun is and remains the sole owner of the Pegasun products and trademark(s).
Pegasun reserves the right to alter or amend these guidelines at any time and without notice to the user.
Users agree to not use the Pegasun Products in any manner likely to confuse, mislead, or deceive the public, or to be adverse to the best interests of Pegasun.
Users agree to not use the Pegasun Products in any offensive manner, including but not limited to, its use on pornographic and/or slanderous Web sites.
Users agree that the Pegasun Products is proprietary to the Pegasun and that the Pegasun maintains all rights, titles, and interests thereto including, without limitation, all intellectual property and other proprietary rights.
TERMINATION OF LICENSE
Pegasun may terminate this License Agreement at any time for any reason, at its sole discretion, including but not limited to if users are in breach of any of the terms and conditions of this agreement or for if users violate violation of Pegasun’s guidelines. Upon receipt of written notice of termination from Pegasun, users will immediately cease any and all further use of the Pegasun Products.
Pegasun licenses its products for use "as is" and makes no warranties, representations or statements, express or implied, with respect to the Pegasun Products. Pegasun will not be responsible for any loss or damages of any kind whatsoever sustained by any party, howsoever caused, as regards to use of the Pegasun Products. This disclaimer shall survive the termination or expiration of this License Agreement.