IMPORTANT PLEASE READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) (“Licensee”) and Magic Soft SRL ("Magic Soft") for software, owned by Magic Soft and its affiliated companies and its third party suppliers and licensors, that accompanies this EULA, which includes machine-readable instructions used by a processor to perform specific operations other than machine-readable instructions used for the sole purpose of booting hardware during a startup sequence ("Software"). BY USING THE SOFTWARE, YOU ACKNOWLEDGE ACCEPTANCE OF THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SOFTWARE.
NOTICE: The Software in Demo mode is a free evaluation version of the software. The Software is provided “as-is” and Magic Soft provides no support for the Demo version. The Software in Demo mode is made available to you solely for the purpose of demonstrating the program capabilities of the software so you can evaluate whether to purchase a full license of the software. This Software in Demo mode is made available for use by you as an end user according to this EULA. The evaluation period for use by you is limited to ninety (30) days from the date you receive the Demo Software (“Evaluation Period”). You must terminate this EULA at the end of the Evaluation Period by destroying or erasing your copy of the Software. Magic Soft may terminate this EULA at any time by delivering notice to you and you may terminate this license at any time by destroying or erasing your copy of the Software.
1. Grant of License.
a. (Demo Mode). If you are evaluating the Software in demo mode (“Demo Software”), Magic Soft grants you, End-User Customer, the following rights provided that you comply with all terms and conditions of this EULA: For Demo Software associated with Magic Soft hardware, Magic Soft hereby grants you a limited, personal, royalty-free, non-exclusive license during the Evaluation Period to evaluate the Demo Software solely and exclusively for your non-commercial internal use in support of the operation of your associated Magic Soft hardware and for no other purpose. You may make one copy of the Demo Software in machine readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.
b. (Full License). If you are licensed to use the full version of the Software, Magic Soft grants you, End-User Customer, the following rights provided that you comply with all terms and conditions of this EULA: For Software associated with Magic Soft hardware, Magic Soft hereby grants you a limited, non-exclusive license during the term of this Agreement to use the Software in support of the operation of your associated Magic Soft hardware and for no other purpose. You may make one copy of the Software in machine readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.
Certain items of the Software may be subject to open source licenses. The open source license provisions may override some of the terms of this EULA. Magic Soft makes the applicable open source licenses available to you on a Legal Notices readme file available on your device.
1. Software Transfer. You may only transfer this EULA and the rights to the Software or updates granted herein to a third party in connection with the support or sale of a device which the Software accompanied or in connection with a standalone Software application. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms. Licensee and any transferee(s) authorized by this provision may not otherwise use or transfer or make available any Magic Soft software to any third party nor permit any party to do so.
2. RESERVATION OF RIGHTS AND OWNERSHIP. Magic Soft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Magic Soft or its suppliers own the title, copyright and other intellectual property rights in the Software. The Software is licensed, not sold.
3. LIMITATIONS ON END USER RIGHTS. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of, the Software, or modify, or disable any features of, the Software, or create derivative works based on the Software. You may not rent, lease, lend, sublicense or provide commercial hosting services with the Software.
4. CONSENT TO USE OF DATA. You agree that Magic Soft and its affiliates may collect and use technical information gathered as part of the product support services related to the Software provided to you that does not personally identify you. Magic Soft and its affiliates may use this information solely to improve their products or to provide customized services or technologies to you.
5. LOCATION INFORMATION. The Software may enable you to collect location-based data from one or more client devices which may allow you to track the actual location of those client devices. Magic Soft specifically disclaims any liability for your use or misuse of the location-based data. You agree to pay all reasonable costs and expenses of Magic Soft arising from or related to third party claims resulting from your use of the location-based data.
6. SOFTWARE RELEASES. During the Entitlement Period associated with the full license version of the Software, Magic Soft or Magic Soft’s channel partner members may make available to you software releases as they become available after the date you obtain your initial copy of the Software. This EULA applies to all and any component of the release that Magic Soft may make available to you after the date you obtain your initial copy of the Software, unless Magic Soft provides other license terms along with such release. To receive Software provided through the release, you must first be licensed for the Software identified by Magic Soft as entitled to the release. We recommend that you periodically check availability of a Magic Soft support contract to ensure that you are entitled to receive any available Software releases. Some features of the Software may require you to have access to the internet and may be subject to restrictions imposed by your network or internet provider.
7. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to the Software, including all the applicable export restriction laws and regulations.
8. ASSIGNMENT. You may not assign this Agreement or any of your rights or obligations hereunder (by operation of law or otherwise) without the prior written consent of Magic Soft. Magic Soft may assign this Agreement and its rights and obligations without your consent. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties to it and their respective legal representatives, successors and permitted assigns.
9. TERMINATION. This EULA is effective until terminated. Your rights under this License will terminate automatically without notice from Magic Soft if you fail to comply with any of the terms and conditions of this EULA. Magic Soft may terminate this Agreement by offering you a superseding Agreement for the Software or for any new release of the Software and conditioning your continued use of the Software or such new release on your acceptance of such superseding Agreement. Upon termination of this EULA, you must cease all use of the Software and destroy all copies, full or partial, of the Software.
10. DISCLAIMER OF WARRANTY. ALL SOFTWARE PROVIDED BY Magic Soft IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND FROM Magic Soft, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, Magic Soft DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. Magic Soft DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT THAT THE SOFTWARE COVERED BY THIS EULA INCLUDES EMULATION LIBRARIES, SUCH EMULATION LIBRARIES DO NOT WORK 100% CORRECTLY OR COVER 100% OF THE FUNCTIONALITY BEING EMULATED, ARE OFFERED "AS IS" AND WITH ALL FAULTS, AND ALL THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH AND THIS AGREEMENT APPLY TO SUCH EMULATION LIBRARIES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Magic Soft OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY Magic Soft OF WARRANTY REGARDING THE SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM Magic Soft.
12. LIMITATION OF LIABILITY. Magic Soft WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SOFTWARE OR ANY THIRD PARTY APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF Magic Soft HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, Magic Soft’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SOFTWARE OR THIRD PARTY APPLICATIONS, OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE FAIR MARKET VALUE OF THE SOFTWARE OR AMOUNT PURCHASER PAID SPECIFICALLY FOR THE SOFTWARE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING SECTIONS 10, 11, 12, AND 15) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
13. INJUNCTIVE RELIEF. You acknowledge that, in the event you breach any provision of this Agreement, Magic Soft will not have an adequate remedy in money or damages. Magic Soft shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request without posting bond. Magic Soft's right to obtain injunctive relief shall not limit its right to seek further remedies.
14. MODIFICATION. No modification of this Agreement shall be binding unless it is in writing and is signed by an authorized representative of the party against whom enforcement of the modification is sought.
15. UNINSTALL. The software can be uninstalled from Control Panel section "Program and Features". Just click on the entry corresponding to the program, right-click and select "Uninstall" from the drop-down menu.