EULA

Copyright (c) 2017 Lucian Dinu

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By receiving, opening the file package, and/or using Etimat Designer(“Software”) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Lucian Dinu your use of Etimat Designer indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Lucian Dinu grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Etimat Designer in accordance with this Agreement and any other written agreement with Lucian Dinu. Lucian Dinu does not transfer the title of Etimat Designer to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Lucian Dinu and the purchasers or users of Etimat Designer.

If you do not agree to be bound by this agreement, remove Etimat Designer from your computer now and, if applicable, promptly return to Lucian Dinu by mail any copies of Etimat Designer and related documentation and packaging in your possession.

2. DISTRIBUTION

Etimat Designer and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Etimat Designer contact Lucian Dinu.

3. USER AGREEMENT

3.1 Use

Your license to use Etimat Designer is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Etimat Designer.

3.2 Use Restrictions

You shall use Etimat Designer in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Etimat Designer together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of Etimat Designer may be used on one single computer location by one user. Use of Etimat Designer means that you have loaded, installed, or run Etimat Designer on a computer or similar device. If you install Etimat Designer onto a multi-user platform, server or network, each and every individual user of Etimat Designer must be licensed separately.

You may make one copy of Etimat Designer for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Etimat Designer . The assignment, sublicense, networking, sale, or distribution of copies of Etimat Designer are strictly forbidden without the prior written consent of Lucian Dinu. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Etimat Designer. If any person other than yourself uses Etimat Designer registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Etimat Designer. Nor can you create any derivative works or other works that are based upon or derived from Etimat Designer in whole or in part.

Lucian Dinu’s name, logo and graphics file that represents Etimat Designer shall not be used in any way to promote products developed with Etimat Designer . Lucian Dinu retains sole and exclusive ownership of all right, title and interest in and to Etimat Designer and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Etimat Designer, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Lucian Dinu.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Lucian Dinu , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Lucian Dinu’s Software.

In no event (including, without limitation, in the event of negligence) will Lucian Dinu , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Etimat Designer or the use or inability to use Etimat Designer or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Lucian Dinu’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Lucian Dinu ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Lucian Dinu.

3.5 Warranties

Except as expressly stated in writing, Lucian Dinu makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the Romania applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Romania therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Etimat Designer and destroy all copies of Etimat Designer supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Etimat Designer AS WELL.

5. CONSENT OF USE OF DATA

You agree that Lucian Dinu may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Etimat Designer. Lucian Dinu may also use this information to provide notices to you which may be of use or interest to you.