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END-USER LICENSE AGREEMENT FOR SCIENTIFIC AUTHOR. NOTICE TO ALL USERS:CAREFULLY READ
THE FOLLOWING LEGAL AGREEMENT, FOR THE LICENSE OF SPECIFIED SOFTWARE. BY INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE
ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO
NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT DO NOT INSTALL THE
SOFTWARE.
1. DEFINITIONS
(a) "the Software" means the
Scientific Auhor software program supplied by Danilo Stélio
Manhiça herewith, which may also include documentation
(b) "User"
means an individual end-user of the Software, being either faculty, staff,
or an enrolled student in the case of a university or full-time staff in the
case of a public institution or industrial firm.
(c) "Licensee" is a User who has paid the license fee in full and who has
been registered.
(d) "Evaluation Period" means a version of the Software, so identified,
to be used to review and evaluate the Software, only. See section 4.1 for
more details.
2. General
This End-User License Agreement ("EULA") is a legal agreement between you
and Danilo Stélio Manhica for the Software products identified above,
which may include computer software and electronic
documentation. By installing, copying, distributing
or otherwise using the Software you agree to be bound by the terms of this
EULA. If you do not agree to the terms of this EULA, you must not install,
use or distribute the Software, and you must destroy all copies of the
Software that you have. The Software is protected by copyright laws and
international copyright treaties, as well as other intellectual property
laws and treaties. The Software is licensed, not sold and always remains the
property of Danilo Stélio Manhiça.
Danilo Stélio Manhiça will supply the
Licensee with a single copy of the Software and Documents in
electronic format, using a distribution mechanism decided on by
Danilo Stélio Manhiça. Danilo Stélio Manhiça also will
additionally supply the Licensee with a user name and
registration key. The Licensee agrees to restrict distribution
of the user name only to staff members with a need to know for
purposes of configuring the Software or recording registration
information for the usual business records of the Licensee, and
will make all reasonable efforts to prevent duplication and any
form of publication of the registration material.
If you have not paid the registration fee for the Software, you are
hereby granted an evaluation license to use the Software as described in
section 4.1.
3. LICENSE GRANT
Subject to the payment of the applicable license fees, and subject to the
terms and conditions of this Agreement, Danilo Stélio Manhiça hereby grants to you
a nonexclusive, nontransferable right to use the Software and the
accompanying documentation (the "Documentation"). Except as set forth below,
you may only install one copy of the Software on one computer, workstation
or other electronic device for which the Software was designed (each, a
"Client Device"). If the Software is licensed as a suite or bundle with more
than one specified Software product, this license applies to all such
specified Software products, subject to any restrictions or usage terms
specified on the applicable price list or product packaging that apply to
any of such Software products individually.
(a) Use. The Software is
licensed as a single product; more than one user may not use it on more than
one Client Device or at a time, except as set forth in this Section 3. The
Software is "in use" on a Client Device when it is loaded into the temporary
memory (i.e., random-access memory or RAM) or installed into the permanent
memory (e.g., hard disk, CD-ROM, or other storage device) of that Client
Device. This license authorizes you to make one copy of the Software solely
for backup or archival purposes, provided that the copy you make contains
all of the Software's proprietary notices.
(b) Multiple Client Devices. A licensed user is also granted a license to
install the Software on more than one Client Device, for the sole use of
that user.
(c) Site Licenses. If the Software is licensed with
site license terms, you may make, use and install unlimited copies of the
Software within the organization site. This excludes Client Devices outside
the organization, such as the home-computers of the students and staff
members. This license authorizes you to make or download one copy of the
Documentation for each copy authorized by the site license, provided that
each such copy contains all of the Documentation's proprietary notices.
4. LICENSE RESTRICTIONS
(a) Sublicense, sell, assign, transfer, pledge, distribute, rent or remove
any proprietary notices on the Software except as expressly permitted in
this Agreement.
(b) Use, copy, adapt, disassemble, decompile, reverse
engineer or modify the Software, in whole or in part, except as expressly
permitted in this Agreement.
(c) Take any action designed to unlock or bypass any Company-implemented
restrictions on usage, access to, or number of installations of the
Software; or.
(d) Use the Software if you fail to pay any license fee due and the
Company notifies you that your license is terminated.
(e) Disclose to third parties, or publish your registration details via
electronic or other means.
IF YOU DO ANY OF THE FOREGOING, YOUR RIGHTS UNDER THIS LICENSE WILL
AUTOMATICALLY TERMINATE. SUCH TERMINATION SHALL BE IN ADDITION TO AND NOT IN
LIEU OF ANY CRIMINAL, CIVIL OR OTHER REMEDIES AVAILABLE TO DANILO STÉLIO
MANHIÇA.
4.1. RESTRICTED USE DURING
EVALUATION PERIOD
You have a nonexclusive, nontransferable license to load and execute the
unregistered copy of the Software for a period of thirty (30) days (the
"Evaluation Period"). The unregistered copy of the Software may be used for
evaluation and testing purposes only and not for general commercial use.
Customer must pay a license fee for the Software to obtain the right to use
the Software for general commercial use and (or) for unlimited period. The
unregistered copy of Software contains a feature that will automatically
disable the Software in thirty (30) days. If you agree to this License
Agreement and pay the license fee, Danilo Stélio Manhiça will deactivate this
feature. Danilo Stélio Manhiça will have no liability to you if the Software is
disabled by this feature. You may not disable, destroy or remove this
feature of the Software, and any attempt to do so will terminate your
license and rights under this Agreement.
4.2. RESTRICTED USE
PRIVATE/ACADEMIC LICENSE
Subject to the terms of this EULA, use the Software for noncommercial
purposes only including conducting academic research or providing
educational services. You certify that use is directly related to teaching,
private noncommercial development or that use is strictly for noncommercial
research by students or and faculty members, where the results of such
research or development are not intended primarily for the benefit of a
third party.
5. UPDATES
You are entitled to download revisions and upgrades (maintenance releases)
to the Software as and when Danilo Stélio Manhiça publishes it via its web site or
through other online services. Danilo Stélio Manhiça may charge an upgrade fee for
new releases which contain significant enhancements.
6. DISTRIBUTION
You are hereby licensed to make as many copies of the installation package
for the Software as you wish; give exact copies of the original installation
package for the Software to anyone; and distribute the original installation
package for the Software in its unmodified form via electronic or other
means. The Software must be clearly identified as a freeware or shareware
version where described. You are specifically prohibited from charging, or
requesting donations, for any such copies, however made, and from
distributing the Software including documentation with other products
(commercial or otherwise) without prior written permission from Danilo
Stélio Manhiça. You are also prohibited from distributing components of the
Software other than the complete original installation package.
7. OWNERSHIP
The foregoing license gives you limited license to use the Software.
Danilo Stélio Manhiça and its suppliers retain all right, title
and interest, including all copyrights, in and to the Software
and all copies thereof. All rights not specifically granted in
this EULA are reserved by Danilo Stéio Manhiça and its suppliers. All title,
including but not limited to copyrights, in and to the Software and any
copies thereof are owned by Danilo Stélio Manhiça. All title and intellectual
property rights in and to the content which may be accessed through use of
the Software are 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 Danilo Stélio Manhiça.
8. WARRANTY AND
DISCLAIMER
LIMITED WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
DANILO STÉLIO MANHIÇA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD
TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES. DANILO STÉLIO MANHIÇA DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR FREE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT IS WITH YOU, THE USER.
9. LIMITATION OF
LIABILITY
LIMITATIONS OF REMEDIES AND LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL DANILO STÉLIO MANHIÇA BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, EVEN IF DANILO STÉLIO MANHIÇA HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
10. HIGH RISK
ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or
intended for use or resale as on-line control equipment in hazardous
environments requiring fail-safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communication systems, air
traffic control, direct life support machines, or weapons systems, in which
the failure of the Software could lead directly to death, personal injury,
or severe physical or environmental damage ("High Risk Activities").
Accordingly, Danilo Stélio Manhiça and its suppliers and licensors specifically
disclaim any express or implied warranty of fitness for High Risk
Activities. You agree that Danilo Stélio Manhiça and its suppliers and licensors
will not be liable for any claims or damages arising from the use of the
Software in such applications.
11. TERMINATION
Without prejudice to any other rights,
Danilo Stélio Manhiça may terminate this
EULA if you fail to comply with the terms and conditions of this EULA. In
such event, you must destroy all copies of the Software.
12. MISCELLANEOUS
This license is governed by Mozambican Law and is subject to exclusive
jurisdiction of the Mozambican courts. This license constitutes the complete and
exclusive statement of our agreement with you and supercedes all proposals,
representations, understandings and prior agreements whether oral or written
and all communications with you relating thereto. |