View Full Version : Terms of Service and EULA

08-12-2009, 00:26
Software License
Under this Agreement the Vendor grants the Licensee a non-exclusive and non-transferable license (the "License") to use mBot (the "Software").
mBot includes the executable computer programs and any related documentation and any other files that may accompany the product.
Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. This Agreement constitutes a license for use only and is in no way a transfer of ownership rights to the Software.
The Licensee may use the Software on no more than two computers.
The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make the Software available for use by third parties.
The Software may not be modified, reverse-engineered, or de-compiled in any manner.
Failure to comply with any of the terms will be considered a material breach of this Agreement.
The purchase price of 5.00 EUR paid by the Licensee will constitute the license fee and is the full consideration for this Agreement.

Limitation of Liability
The Software is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

Warrants and Representations
The Vendor warrants and represents that it is the copyright holder of the Software.

All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") upon purchase of the Software.

The term of this Agreement will begin on acceptance and will continue for a period of 28 days. At the end of the term of this Agreement the Licensee must destroy all copies of the Software in their possession.

This Agreement will be terminated and the License forfeited if the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement, the Licensee will promptly destroy the Software or return the Software to the Vendor.

This Agreement does not create or imply any relationship between the Vendor and the Licensee.
Headings are inserted for convenience only and are not to be considered when interpreting this Agreement.
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.