END USER LICENSE AGREEMENT (EULA)
Please read this end user license agreement carefully, as it sets out the terms and conditions upon which we license our Software for use.
By clicking “Agree” button when you first use and /or install the Software, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to this Agreement, you must click “Reject”.
This end user license agreement is between you, the customer, whether an individual or entity (Customer) and Pinya software LLC. (Pinya). Details of the software licensed (defined below) should be provided on an order. The software, updates, documentation, and product key / license serial number (Software) provided under an order, are licensed and are not sold.
Licensing of Use
Trial License. If the Software is provided without the payment of a license fee, then it is provided under a trial license. Pinya grants Customer a non-exclusive term license to operate the Software for the sole purposes of deciding whether it wants to purchase a license. The Software is provided AS IS, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement.
Grant of License. Subject to the other terms of this agreement, Pinya grants Customer, under an order, a non-exclusive and non-transferable perpetual license up to the license capacity purchased to: operate the Software in its business operations and make one copy of the Software for archival and backup purposes.
Restrictions of Use
Customer shall use the Software strictly in accordance with the terms of the Related Agreements and shall not: (a) sublicense, rent or lease the Software or use it as a service provider or as part of a service; (b) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Software; (c) copy any features, functions or graphics of the Software to develop a competitive product; (d) utilize the software for the purposes of competitive analysis or for any other purpose outside of customers normal business operations; (e) make any modification, adaption, improvement, enhancement, translation or derivate work from the Software; (f) violate any applicable laws, rules or regulations in connection with Customer´s access or use of the Software.
Customer is entitled only to those rights as are expressly granted by this agreement. Pinya retains all ownership and intellectual property rights in and to the Software.
Termination of Use
This Agreement is effective upon Customer´s acceptance of the Agreement. This Agreement will immediately terminate upon notice if Customer exceeds the scope of license. This Agreement shall continue in effect until termination as provided herein: (a) Customer may terminate the agreement by removing the Software from all computers, and returning it to Pinya or destroying the Software; (b) either party may terminate this agreement if the other party materially breaches this agreement, and fails to cure such breach within a 30 day notice period; (c) upon termination of this agreement for any reason, Customer must immediately stop all use of the Software, remove the Software from its computers, and either destroy the Software or return the Software to Pinya. Customer must confirm in writing that it has complied with this requirement, if requested by Pinya.
Customer warrants that it will use the Software in compliance with applicable laws, and will not use the Software where it cannot legally and rightfully operate the Software, or where it does not have express permission of the individual being monitored.
WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED ‘AS IS.’ PINYA DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PAYMENT. Customer must pay for the license on the date of the order. Customer is responsible for all sales, use; withholding and other similar taxes associated with an order, and accept the Software as of the date of the order.
Limitation of Liability
Under no circumstances shall Pinya or its affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with Customer´s access or use of or inability to access or use the Software and any third party content and services, whether or not the damages were foreseeable and whether or not the company was advises of the possibility of such damages, and whether the claim is based on contract, tort or other legal theory. Pinya’s total liability for damages of any kind is limited to the amount paid to Pinya for the software giving rise to such damage.
GENERAL CUSTOMER INDEMNITY. If any third-party brings a claim against Pinya alleging a violation of a right of privacy or other right by Customer, Customer must indemnify and hold Pinya harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.