GENERAL TERMS & CONDITIONS FOR SOFTWARE LICENSE
1. Liptacom Technology Informatic (Liptacom Technologies or Liptacom) is also referred to in these general Terms and Conditions as "we" or "us".
2. These General Terms and Conditions (Terms and Conditions) apply between Liptacom Technologies and the Customer with regard to Liptacom Software Products.
3. The "Software Product" or Product consists of:
(1) all materials with which this License is packaged or otherwise supplied by Liptacom Technologies, which may include, but are not limited to, computer program(s), software, and code, the images, symbols, text, accompanying printed materials, and "online" or electronic documentation.
(2) Any Maintenance Releases and Upgrades (each as defined below) and any other supplemental software code and supporting materials which may be provided to you as part of support services provided or authorized by Liptacom Technologies for the Product.
An "Upgrade" is a new version of the Product, and is identified by the numeral to the left of the decimal point following the name of the Product.
A "Maintenance Release" is a software update to an existing version of the Product that is identified by the numeral to the right of the decimal point following the name of the Product.
For example, in "Product 2.1", "1" is the Maintenance Release number and "2" is the Upgrade number. Liptacom Technologies has the right, its sole discretion, to determine whether a particular change or addition to the Product is an Upgrade or a Maintenance Release.
II. SCOPE OF LICENSE
Liptacom Technologies hereby grants you a non-exclusive, non-transferable license (without the right to sublicense) to use Software Products in accordance with all of the terms and conditions of this License and the Sales Agreement.
All patents, copyrights, trademarks, trade secrets and other intellectual property and other proprietary rights in the Software Product are and shall remain in Liptacom Technologies or its licensors. The source code of the Product and all information regarding the design, structure or internal operation of the Product are valuable trade secrets of Liptacom Technologies or its licensors ("Confidential Information").
To the extent, if any, to which you learn any Confidential Information, you shall not sell, transfer, publish, disclose, display, or otherwise permit access by any third party to, the Confidential Information. The restrictions set forth in this Paragraph III do not apply to information that was publicly known prior to the time you received it, or which becomes known to you through no violation of any obligation of confidentiality on the part of you or any third party.
IV. GRANT OF LICENSE
Liptacom Technologies grants you the following rights provided that you comply with all terms and conditions of this End User License Agreement:
1) Installation and use. You may:
a) Install and use a copy of the Software Product with Trial license on any computer having the required specification.
b) Install and use the software with commercial license only on the computer or host-node for which the license was purchased.
2) Alternative Rights for Storage/Network Use.
As an alternative to Section IV.1.a and IV.1.b, you may install a copy of the Software on a network storage device, such as a server computer, and allow one access device, such as a personal computer, to access and use that licensed copy of the Software over a private network. You must obtain a license to the Software for each additional device that accesses and uses the Software installed on the network storage device, except as permitted by Section IV.4.
3) License Grant for Remote Desktop.
You may use remote access technologies, such as the Remote Desktop features in Microsoft Windows or NetMeeting, to access and use your licensed copy of the Software, provided that only the primary user of the device hosting the remote desktop session accesses and uses the Software with a remote access device. These remote desktop rights do not permit you to use the Software on both the device hosting the remote desktop session and the access device at the same time.
4) License Grant for Remote Assistance.
You may permit any device to access and use your licensed copy of the Software for the sole purpose of providing you with technical support and maintenance services.
5) License Grant for Documentation.
The documentation that accompanies the Software is licensed for internal, non-commercial reference purposes only.
V. YOU MAY NOT DO THE FOLLOWING:
Install, use, distribute or copy the Software Product except as expressly permitted in these Terms and Conditions.
Translate, reverse engineer, decompile, or disassemble the Software Product, except to the extent, if any, that such activities are clearly and expressly permitted by applicable law despite such restrictions.
Sell, transfer, rent, license, lease or assign the Software Product, or allow any third party to benefit from or access the Product on a "service bureau," hosted application, or similar basis.
Modify the Product or collection of products, or create derivative works derived from the Product or any component thereof, without the prior written consent of Liptacom Technologies.
Transfer the Product or your rights under this License to someone else.
Permit others to perform any of the activities restricted by this Paragraph V.
In no event shall Liptacom Technologies be liable for any loss of profit or any other commercial damage caused or alleged to have been caused directly or indirectly by availability of the software and its components.
In addition and in no event do we authorize you or anyone else to use the Product in applications or systems where the Product's failure to perform can reasonably be expected to result in significant physical injury, property damage, or loss of life, including but not limited to use in hazardous environments requiring fail-safe performance, such as in communication systems.
The Product is not fault-tolerant and is not designed, manufactured or intended for any such use.
Any such use is entirely at your own risk, and you agree to defend, indemnify and hold Liptacom Technologies, and its principals, shareholders, officers, employees, affiliates, contractors and licensors, harmless from any and all claims or losses relating to such unauthorized use.
VII. LIMITED WARRANTY:
1. The provisions of this paragraph VII apply to the maximum extent permitted by applicable law.
2. All warranty claims must be made during the warranty period of 30 days starting from the date of purchase.
Should you have any questions concerning these General Terms and Conditions:
Last update 1-July-2014.