Lunar Software License Agreement.
Lunar Software strives to provide exceptional software products that help to make your computing experience more enjoyable.
By using this Lunar Software Product (the “Software”) and any applicable documentation, media, manuals and other technical information including an online help system related to the Software (the “Related Materials”), you hereby agreed to the following terms and conditions.
THE SOFTWARE AND THE RELATED MATERIALS ARE PROVIDED TO YOU BY LUNAR FOR USE ONLY IN ACCORDANCE WITH THE TERMS, CONDITIONS AND RESTRICTIONS SET OUT IN THIS SOFTWARE END USER LICENSE AGREEMENT (THE “AGREEMENT”).
ALL RIGHTS WHICH ARE NOT EXPRESSLY GRANTED TO YOU UNDER THIS AGREEMENT ARE RESERVED BY LUNAR SOFTWARE.
1. LICENSE
Subject to the terms and conditions of this Agreement, Lunar Software grants to you a revocable, limited, non-exclusive, non-transferable license, without the right to sublicense, to install the Software on “one” computer system and to use the Software and the Related Materials in accordance with this Agreement and any other written agreement that you may have with Lunar Software. These terms and conditions will also govern any Software upgrades and updates provided by Lunar Software that replace and/or supplement the original Software, unless such upgrades and/or updates are accompanied by a separate license agreement, in which case the terms and conditions of that license agreement will govern. You are being granted a right and license to use the Software and the Related Materials. Lunar Software does not transfer title of the Software or the Related Materials to you. This Agreement is a legally binding agreement between Lunar Software and you. If you do not agree to the terms and conditions of this Agreement, you are required to immediately cease installing or using the Software and any Related Materials and remove the Software and any Related Materials from your computer. Software reserves the right to terminate this Agreement and the licenses granted in the event that you breach any term or condition of this Agreement.
2. DISTRIBUTION
Unless otherwise authorized herein or by a written agreement between you and Lunar Software, the Software, any Related Materials, 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. For information about redistribution of this Software, please contact Lunar Software at: https://www.lunarsoftware.eu.
3. USER AGREEMENT
3.1 Use Restrictions - You shall use the Software and any Related Materials in compliance with all applicable laws and not for any unlawful purpose. The assignment, sublicense, networking, timesharing, sale, or distribution of copies of this Software is strictly forbidden without the prior written consent of Lunar Software. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network, or transfer the use of this Software. You shall not allow others to use or make copies of this licensed Software.
3.2 Copyright Restriction - You acknowledge and agree that any and all intellectual property rights to or arising from the Software and Related Materials, including any new releases, modifications, updates or enhancements, are and shall remain the exclusive property of Lunar Software and/or its licensors. Nothing in this Agreement intends to transfer any such intellectual property rights to, or to vest any such intellectual property rights in, you. You are only entitled to the limited use of the intellectual property rights granted to you under this Agreement. You will not take any action to jeopardize, limit or interfere with the intellectual property rights of Lunar Software. You acknowledge and agree that any unauthorized use of any Lunar Software intellectual property rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and understand that all title and intellectual property rights in and to any third party content that is not contained in the Software or any Related Materials, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. The Software and Related Materials contain copyrighted material, trade secrets and other proprietary material. You shall not remove or obscure any copyright, trademark, trade-secret, or other proprietary notices or legends from the Software or Related Materials. You shall not, and shall not attempt to directly or indirectly, modify, reverse engineer, disassemble or decompile this Software or the Related Materials, nor can you create any derivative works or other works that are based upon or derived from the Software or Related Materials in whole or in part. The foregoing shall not apply to any open source software and/or technologies as defined under Section 2 above, and you agree to comply with any and all terms, conditions, licenses, guidelines, and policies with respect to such open source software and/or technologies. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for Lunar Software and its applicable licensors.
3.3 Limitation of Liability & Indemnification - You will indemnify, hold harmless, and defend Lunar Software, 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 the Software and the Related Materials.
IN NO EVENT (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF NEGLIGENCE) WILL LUNAR SOFTWARE, ITS EMPLOYEES, AGENTS, DISTRIBUTORS, OR LICENSORS 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, PERSONAL INJURY, OR PECUNIARY LOSS), IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, THE RELATED MATERIALS, ANY THIRD PARTY SOFTWARE COMPONENTS, TECHNOLOGIES, OR EXTENSIONS, OR THE USE OR INABILITY TO USE THE SOFTWARE, THE RELATED MATERIALS, ANY THIRD PARTY SOFTWARE COMPONENTS, TECHNOLOGIES, OR EXTENSIONS, OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER THEORY INCLUDING NEGLIGENCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LUNAR SOFTWARE BE LIABLE FOR ANY FAILURE OR DELAY RESULTING FROM ANY GOVERNMENTAL ACTION, FIRE, FLOOD, INSURRECTION, EARTHQUAKE, POWER FAILURE, RIOT, EXPLOSION, EMBARGO, STRIKES WHETHER ELGAL OR ILLEGAL, LABOR OR MATERIAL SHORTAGE, TRANSPORTATION INTERRUPTION OF ANY KIND, WORK SLOWDOWN, OR ANY ACTION BEYOND ITS REASONABLE CONTROL.
Without limiting any of the foregoing, Lunar Software’s total aggregate liability under any provision of this Agreement, or generally, will be limited to the amount actually paid by you for the license to use the Software.
3.4 Disclaimer and Warranties - The Software, the Related Materials, technologies, or extensions are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Except as expressly stated in writing by an authorized employee of Lunar Software, Lunar Software makes no representation or warranties in respect of the Software, the Related Materials, technologies, or extensions 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.
LUNAR SOFTWARE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, THE RELATED MATERIALS, TECHNOLOGIES, OR EXTENSIONS WILL ALWAYS BE ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES LUNAR SOFTWARE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, TO OR FROM ANY NETWORK OR ANY QUALITY OF ANY COMMUNICATION MADE USING THE SOFTWARE,THE RELATED MATERIALS, TECHNOLOGIES, OR EXTENSIONS.
3.5 Governing Law - This Agreement, and all claims related to it or the performance by both parties under it, shall be interpreted and governed exclusively by the laws of the Czech republic and the laws of the Czech republic applicable therein, except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of the Czech republic, and any competent Courts of Appeal therefrom with respect to any and all legal action and proceedings and expressly and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts or any claim on the grounds of forum non conveniens. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.
3.6 Term and Termination - This Agreement will be effective from the date that you install the Software and shall remain effective until terminated by either Lunar Software or you. Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this Agreement and the licenses granted herein. You may terminate this Agreement with immediate effect at any time, with or without cause. Upon termination of the license granted herein for any reason, you agree to immediately cease use of the Software and any Related Materials and destroy all copies of the Software and Related Materials. The financial obligations incurred by you or any indemnification obligations by you shall survive the termination of this license.
3.7 No Waiver - No term or condition of the Agreement will be deemed amended or waived, and no breach excused, unless such amendment, waiver or consent is in writing and signed by Lunar Software. The failure of Lunar Software to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of Lunar Software to enforce each and every such provision thereafter.