End User License Agreement
1. Subject matter
This License Agreement is a legal agreement between ASRUN MEDIA LIMITED (hereinafter referred as the Copyright Holder) and by the end User, an individual or legal entity (hereinafter referred to as the User).
Subject of the Agreement: Granting by the Copyright Holder to the User a non-exclusive Right to use the Software Product “SL NEO Media Platform Software” (hereinafter – the Software Product).
The right to use the demo version of the Software Product is subject to the terms of this Agreement.
The right to use the full version of the Software Product shall be subject to this agreement together with the corresponding License Purchase Agreement for the provision of a simple (non-exclusive) license – the right to use the Software Product.
By installing, copying, downloading or otherwise using this Software Product, the User thereby accepts the terms of this Agreement. If the User does not agree with the terms of this Agreement, he has no right to install and/or use the Software product in any way.
2. Rights to the Software Product
All exclusive copyrights to the Software product and its documentation in print and electronic form belong to the Copyright Holder and are protected by the laws of Canada, the laws of the country in the territory of which the Software is used and the International commercial law.
3. Scope of rights provided by this Agreement
This Agreement provides the User with the following rights:
* To install and use one copy of the Software Product on one computer solely for informational purposes if you do not have a license agreement with the Copyright Holder or its authorized representative;
* To install and use a certain number of copies of the Software Product on a certain number of computers, in accordance with the License Agreement between the User (or its supplier) and the Copyright Holder (or its authorized representative);
* To make changes to the configuration of the Software Product, including the translation of the User interface from one language to another language;
* To make file copies of the Software product on media for the purpose of backup, long-term safe storage of data, without the right to transfer backup file copies to third parties. These copies may not be used for other purposes and must be destroyed if possession of copies of the Software Product ceases to be legal;
* During the Warranty period for the full version of the Software Product, the User shall also have the right to use the services of technical support (by phone, chat or e-mail) and the right to receive updates of the Software Product.
In accordance with the terms of this Agreement, the User has no right:
* To freely distribute or provide open access to the Software Product, modify any part of the Software Product, decompile or otherwise try to obtain the source code of the Software Product or any component thereof;
* To transfer to others the rights granted to you by this Agreement (including by lease or transfer to temporary use);
* To delete, modify in any way the copyright protection signs and other indications of exclusive and copyright rights to the Software Product in the Software Product;
* To receive a new versions of the Software Product at no cost;
* To any rights in respect of trademarks and / or names belonging to the Copyright Holder.
4. The procedure for licensing the Software Product
* the actual right for the User to enter into force of the right to use the full version of the Software Product is a valid (valid) electronic license key containing encoded information about the names of individual modules of the Software Product, their number and expiration date of the Rights to use the software product;
* Based on the relevant License agreements for the acquisition of rights to use the Software Product, only the Copyright Holder is authorized to generate and send electronic keys-licenses to the User or his authorized counterparty;
* Electronic license keys are provided to the User in the following ways:
a) In the form of digital files that must be stored on the User’s computing platforms, ensuring the functioning of the software product.
b) As records in the database of the Copyright Holder’s license server, with which the User’s computing platforms must maintain constant communication. The specific technology for the transfer of license keys is agreed by the Parties in the working order, based on the feasibility and technical capabilities of the Parties.
* Each copy of the electronic license key transmitted to the User in the form of a separate file with the name license.lic is associated with the hardware configuration of a particular computing platform and is designed to ensure the functionality of the set of modules of the Software Product exclusively on such platform and within the specified time period set in the key.
* In case of failure of the computing platform on which the full version of the Software Product was running, a new license key may be required. The Copyright Holder limits the number of such operations for Users who do not have a support service contract: during the maximum useful life of server platforms (6 years), repeated generation of a key in case of hardware failure is possible no more than once.
5. Territory and duration of the Agreement
* the rights to use the Software product are valid in the territory of the country in which the User operates the Software product;
* this Agreement and the rights granted to it come into force at the time of installing the Software Product and are valid for the entire period of familiarization with the Software Product, or for the duration of the right to use the Software Product, in accordance with the license agreement;
* upon expiration of the License period for the Software Product and in case of reluctance to renew it, the User must uninstall the Software product;
* Without prejudice to any of its rights, the Copyright Holder has the right to terminate this Agreement if the User does not comply with its terms and conditions;
* upon termination of this Agreement, the User must remove all available copies and components of the Software Product.
6. Responsibility of the parties
* The software is provided in the “As Is” state (“As Is”) with all its shortcomings;
* The User is aware of the most important functional properties of the Software Product, in respect of which the Rights to Use are granted, the User independently bears the risk of the Software product meeting its own desires and needs, as well as the risk of the conditions and scope of the rights provided to meet its wishes and needs;
* The Copyright Holder is not liable for any loss of any kind that occurred by the operation of the Software Product by the User or a third party.
* The copyright holder guarantees that the work of the Software Product will comply with the description given in the documentation for the Software Product;
* The Copyright Holder does not guarantee 100% of uninterrupted operation or error-free of the Software Product, however, the Copyright Holder shall make every effort to ensure that errors in the Software Product are promptly corrected;
* The Copyright Holder does not bear any responsibility in case of incompatibility of the Software Product with third party software and / or hardware on the user’s computers;
* The User is liable for any breach of the copyright and other rights to the Software Product, in accordance with the laws of Canada and the laws of the country in the territory of which the Software Product is used.
7. Warranty obligations
* The Copyright Holder has the right to establish a warranty period for the full version of the Software Product – an obligation to eliminate free of charge the problems arising through his fault during the Warranty period specified in the License Agreement, subject to the following requirements:
a) Documented evidence in writing of the technical issue;
b) The technical issue occurred is related to the Software Product or through the fault of the Copyright Holder;
c) The duly operation of the Software Product in accordance to the Software Product manuals;
d) There are no signs of the manipulation of the Software Product by the User in the structure of executable and other files of the Software Product (except for configuration files);
e) There is no viral load in the system;
f) The hardware platforms of the User, the operating systems and device drivers are supported and compatible with the Software Product specifications;
g) The compliance with the requirements of the technical specifications.
* The Copyright Holder undertakes, within the framework of the guarantee obligation, to eliminate only those malfunction defects that are attributable to the Software Product. In the event that the reported technical issues are due to the breach of the conditions in this Agreement by the User or by any actions attributable the User considered out of the normal operation of the software, then the Copyright Holder may not be liable for the remedy and correction of the technical issues or errors that may have arisen neither to provide a new version of the Software Product.
* Upon the expiration of the warranty period and in the absence of a service contract for post-warranty support, the Copyright Holder is no longer required to update versions of the Software Product.