SOFTWARE LICENSE & LIMITED WARRANTY
Escape Medical Viewer, the installer software, the software that the installer generates, as well as all documentation and related information (collectively hereinafter "SOFTWARE") are owned by Escape Tech Ltd (hereinafter "ESCAPE"), private limited-liability company under Bulgarian law, with legal seat in "G. S. Rakovski 145, Sredets, 1000 Sofia, Bulgaria" and is protected by European copyright law and international treaty provisions. The SOFTWARE contains trade secrets and confidential information that is copyrighted by and remains the property of ESCAPE.
ESCAPE hereby grants you a non-exclusive non-transferable license to use the SOFTWARE as follows. All rights not expressly granted are reserved and retained by ESCAPE.
- Install your purchased copy of the SOFTWARE into permanent memory (e.g., hard disk, or other fixed or removable storage device) of up to three computers that belong to you, namely up to two desktop machines and one portable machine, but you may only use one of them at a time. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) of that computer. However, installation on a network server for the sole purpose of internal distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed.
- Permanently transfer all of your rights under this Agreement, provided that you retain no copies, you transfer all of the SOFTWARE (including all component parts, media and printed materials, any upgrades, this Agreement, and your official proof of ownership), and the recipient agrees to the terms of this Agreement. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE.
YOY MAY NOT
- Disclose your personal license code to any party for any purpose.
- Copy, modify, or transfer the SOFTWARE in whole or in part.
- Redistribute or otherwise allow the SOFTWARE to be used on more than one computer at a time.
- Rent, lease, resell for profit, transfer or grant any rights in the SOFTWARE.
- Disassemble, reverse engineer, or otherwise reduce the SOFTWARE to a human perceivable form in whole or in part, including but not limited to translating or creating derivative works.
TERMINATION. This Agreement and your license to use the SOFTWARE will automatically terminate without notice if you fail to comply with any provision of this Agreement. Upon termination you must destroy all copies of the SOFTWARE. All disclaimers of warranties and limitation of liability set forth in this Agreement shall survive any termination of this Agreement.
LIMITED WARRANTY. ESCAPE is providing the SOFTWARE on an "AS IS" basis without warranty of any kind. You assume full responsibility for the selection of the SOFTWARE to achieve your intended results and for the installation, use and results obtained from the SOFTWARE.
ESCAPE DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
No oral or written information given by ESCAPE, its agents or employees shall create a modification or addition to this warranty unless it is set forth in writing, references this Agreement and is signed on behalf of ESCAPE by an authorized official.
LIMITATIONS OF REMEDIES AND LIABILITY. IN NO EVENT WILL ESCAPE OR ITS DIRECT OR INDIRECT SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ESCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In particular, ESCAPE and its suppliers are not responsible for any costs including, without limitation, loss of business profits, business interruption, loss of business information, the cost of recovering such information, the cost of substitute SOFTWARE, or claims by third parties.
IN NO CASE SHALL ANY DIRECT OR INDIRECT SUPPLIERS OF ESCAPE BEAR ANY LIABILITY FOR ANY REASON WHATSOEVER AND IN NO CASE SHALL ESCAPE'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU. This Agreement gives you certain legal rights. You may have other rights under local law, so some of the above may not apply or may be limited.
GENERAL. This Agreement shall be governed by the laws of the Republic of Bulgaria. In any dispute arising out of this Agreement, ESCAPE and you each irrevocably attorn to the jurisdiction of the competent courts of Sofia, Bulgaria.
This Agreement is the entire agreement between you and ESCAPE and supersedes any other communications with respect to the SOFTWARE. If any of this Agreement is held to be unenforceable, the remainder shall continue in full force and effect.