Enterprise desktop 2.0.100

EULA - End User License Agreement

Licensing agreement

Please read carefully the given agreement before using of the program. Agreeing with this agreement you will agree to become a Licensee and show your complete agreement with all statements and conditions of the given Licensing Agreement. If you do not agree with the conditions described in it then you must not set the program up. The usage of the program absolutely means agreeing and fulfilling by you all statements and conditions of the given Agreement. The given Licensing agreement is a complete agreement between the Licensee and Grapecom Ltd. (hereinafter Grapecom). This Licensing Agreement replaces with itself any other licensing agreements which have been concluded earlier between the Licensee and Grapecom relating the given product or the product which it replaces. Besides that, if it is allowed by corresponding law, statements and conditions of the given Licensing Agreement have advantage on any other information or advertising materials,if the contents of such materials contradict with any of the statements or conditions of the given Licensing Agreement or if the date of release of such materials has taken place before the date of getting in force of the given Agreement. Agreeing and taking of the statements and conditions of the given Agreement does not mean transferring of any property rights for programs and products, which belong to Grapecom or its suppliers of program software.

IT IS IMPORTANT:

IF YOU INSTALL THE GIVEN SOFTWARE, THEN YOU CONFIRM YOUR AGREEMENT TO FOLLOW THE CONDITIONS OF THE GIVEN LICENSING AGREEMENT. IF YOU DO NOT AGREE, THE REFUSE THE FOLLOWING INSTALLATION AND USAGE OF THIS SOFTWARE.

1. CONDITIONS OF LICENSE TRANSFER

This Licensing Agreement transfers to the Licensee the right to use programs on as many computers, as many licenses have been purchased. For work in the net the licenses for client connection must be purchased as well. The number of the licenses must correspond to maximum number of the computers which have been connected to the program or maximum number of the users who have been connected to the program. The number of the users who have been connected to the program or the computers must not increase the number of client connections, stated in the Certificate on the program (if it has been stated in the Certificate). For each computer which has not been connected to the net and on which the Licensee will install the program there must be purchased a separate license. The number of the computers with installed program must not increase the number of licenses, stated in the Certificate for the program (if this has been stated in the Certificate).

2. INTELLECTUAL PROPERTY.

This program and any corresponding documentationand information are an exclusive property of Grapecom. All rights on intellectual property and copyright, relating the programs, their documentation and any other products, which will be given to the Licensee according to this Licensing Agreement, belong to Grapecom. Grapecom allows using its products in comparing researches if these are objective, properly made and fulfilled following the rules of products exploitation. Only the latest versions of products can take part in such researches.

3. INSTALLATION AND USAGE.

Demonstration copies of the program can be installed and used only with the purpose of getting know the program during the probation period of thirty days. Before the expiry date of thirty days you have to either to buy the program, or to stop using it. The purchase will give you the right to use the program without any limits of time, to get technical support and to renew the program as current version, which is on at the moment of purchasing during one year after purchasing. When you pay fixed amount of money, the amount of which is stated with the conditions of the agreement between you and the Party, that transfer the copyright,you will be given the License, which can not be given back. According to this Agreement you will be granted nonexclusive license for using the Program: you can install, use functional possibilities of the Program, to fulfill the access, to reflect and to run one copy of the Program and to address one copy of the Program at one computer of the User, working station - terminal of the User according to the type of received license.

4. LIMITED GUARANTEE.

Grapecom guarantees fulfilling all main functions of the program, described in the corresponding documentation and/or Help file , and no presence of factory and operation defects during the period of ninety days (90) from the moment of purchase. This guarantee does not affect any other rights, given by the working jurisdiction protecting the interests of customers. During this period and only after sending the License file, Grapecom gives the following guarantee liabilities:

A) Grapecom guarantees fulfilling all main functions of the program, which are in the licensed version, and is in charge of curing problems, connected with its incorrect functioning ,in terms and at the expense which Grapecom will regard necessary. Grapecom does not bear any responsibility for deficiencies, caused by external influence of hardware at the quality of functioning of licensed software.

5. REFUSE.

This guarantee does not regard the case of loss, stealing, and accidental harm of the program, at the cases of incorrect usage of the program, its unsanctioned change, and when there are deficiencies in the program caused by the third Party - other than Grape com. Grapecom does not bear any responsibility for juridical and real parties for any given harm or losses, caused as if it were made by using or not using the program, as directly as not-directly, including (but not limiting) interference with business, money loss or decreasing of expected profit from Program usage. The program is given as it is, and no claim relating non-working possibilities of some of its functions will be paid attention to. Grapecom does not give any guarantee on no presence of the mistakes in the Program or declining in the normal functioning. The Licensee is informed , agrees and takes responsibility for unexpected influence of virus affection on files,after their deleting. The Licensee bears responsibility for using of the program by other parties. The Licensee bears responsibility for any loss and/or harm and expenses, arose as a result of any incompatibility with this program or its updating with the software of other producers, which the Licensee has installed on its computer, and for any other problems, which can arise as a result of interaction of two programs or coincidence of lines of their code. Grapecom does not bear any responsibility at any conditions for any harm, which will increase the amount of money which the Licensee has paid for the Program, even in the case, if the Licensee has informed Grapecom about the possibility of such harm arising. Working of the guarantees and liabilities stated in this document follows jurisdiction demands of corresponding state or jurisdiction.

6. EXTREME CONDITIONS OF WORK.

This program has not been designed and is not for work in extreme conditions, demanding its refusal work, for example at nuclear stations, in the systems of avianavigation or mail, aviamanaging services, military services and protection, systems of medical care or any other area, where software failure to work may cause death, personal harm or considerable harm of the property or environment. Grapecom absolutely refuses to supply and does not mean any guarantees of program suitability for these kinds of activities.

7. EXPORT LIMITATIONS.

The Licensee is informed and agrees that the Program, and any its part, is subject to juridical regulations of export operations in Ukraine and that is why the Licensee is to follow this jurisdiction and any other corresponding international agreements about export regulation. The Licensee is informed and agrees that the Program can not be exported (or re-exported) completely or partially to any country, to any juridical or real party, whose activity is limited with Ukrainian laws about export operations or any other corresponding international agreements about export regulation, except the cases, when the Licensee possesses corresponding valid licenses on fulfilling export operations. The Licensee has to support, to protect and to admit innocence of Grapecom if Grapecom is sued for unfulfilled demands of the export laws by the Licensee.

8. OTHER LIMITATIONS

This program is available as from the compact disc, as from the Internet. The Program can be used only at the computers of the Licensee..It is prohibited to use the Program at the computers, which do not belong to the Licensee, and it is also prohibited to lend it, to give it to rent, to lease it, to grant it, to give it as charity or to give it to another user. The Licensee can not give its rights which are given to it with this Licensing Agreement to any other parties. It is prohibited to change the original code of the program, its decompiling or disassembling. The Licensee does not have the right to change anything in the program or in its part, and to the services and materials,which are in the product..

9. JURISDICTION.

This licensing agreement is regulated with the Ukrainian law, and in the case of any unclearnesses or disagreements and misunderstanding in the reading of this agreement or its juridical force then the only possible authorities in charge will be the Court of the town of Feodosiya, Ukraine. Both parties really do not obey jurisdiction of other corresponding authorities.

10. SEVERABILITY.

If any provision of this Licensing Agreement is held to be invalid, illegal or unenforceable according to working Law system,then such provisions must be explained, limited or changed when needed, to cure the contradictions with the working Law system. All other provisions of this Licensing Agreement are in force in this case.
11. OTHER.

The Licensee allows the specialists of Grapecom to visit it to check fulfilling of the demands of this Licensing Agreement . The Licensee is informed and agrees that Grapecom can sue the Licensee in case of failure to fulfill the demands of this Agreement by the Licensee. Grapecom possesses the right to stop automatically the force of this Licensing Agreement without earlier notice in case of failure to fullfill by the Licensee any provisions and conditions of this Agreement.
In case if any of provisions of this Agreement is illegal, then this provision will have no juridical force and it will have no influence at the whole Agreement and it will not annulate it. Grapecom Ltd. continues to keep all its rights , which it can possess,and which are not given to the Licensee with this Agreement.

PROVISION ABOUT FREE DISTRIBUTED SOFTWARE AND SOFTWARE OF THIRD PARTIES

This software may contain programs, licensed (or sublicensed) to the user in the limits of licenses of free distributed software or other types of licenses. Texts of their conditions are available to the Licensee in the Installation file of the product.

CONFIRMATION OF THE LICENSE POSSESSION BY FINAL USER

If you received nonexclusive right to use the program according to the Licensing Agreement,then you can see the type of your license, serial number of the license, and the name of the User using system tray selecting the item Certificate of the menu. You must keep the license program file as the evidence that you have got the license to use the program.

Grapecom Ltd.
12 Gorkogo Str., Office 14.
98100 Feodosiya
Ukraine
Telephone - +380 6562 33094
Fax - +380 6562 33094
e-mail: info@grapecom.com
(c) Grapecom 2009.