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End-User License Agreement for Déjà Vu X3 - EULA

IMPORTANT-READ CAREFULLY:

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Atril for the Atril software product identified above, which includes computer software and a copy protection mechanism (hardware or software), and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE.

This EULA grants you the following rights:

  • Applications Software. You may install and use one copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, on a single computer.
  • Depending on the version of the SOFTWARE PRODUCT which you have purchased you may be licensed to use the SOFTWARE PRODUCT by accessing it via its API (application programmable interface) from external programs. In any case, you may not use the SOFWARE PRODUCT's API in any commercial products.
  • The total number of instances of the SOFTWARE PRODUCT, including instances of the API, running at a given time on your computers may not exceed the total number of licenses you have purchased.
  • In particular, you may not use the SOFTWARE PRODUCT in installations or configurations, such a web server or client/server environments, which would allow unlicensed users to access it or its functionality.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

  • Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, including any form of software or hardware copy protection mechanism included or distributed with the SOFTWARE PRODUCT.
  • Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
  • Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
  • Support Services. Atril may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Atril policies and programs described in the user manual, in "online" documentation, and/or in other Atril-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Atril as part of the Support Services, Atril may use such information for its business purposes, including for product support and development. Atril will not utilize such technical information in a form that personally identifies you.
  • Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades and this EULA), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT. However, you may not trade in the SOFTWARE PRODUCT to obtain copies or licences of other software products.
  • Termination. Without prejudice to any other rights, Atril may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

3. UPGRADES

If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Atril as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

4. COPYRIGHT

All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Atril or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

MISCELLANEOUS

This license agreement and warranty are governed by the laws of Spain. Should you have any questions concerning this EULA, or if you desire to contact Atril for any reason, please contact the Atril distributor serving your country.

LIMITED WARRANTY

IF YOU ACQUIRED THE SOFTWARE PRODUCT ON PHYSICAL MEDIA, THE FOLLOW LIMITED WARRANTY APPLIES TO YOU:

LIMITED WARRANTY

Atril warrants that (a) the media on which the SOFTWARE PRODUCT is distributed is free from physical defects for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Atril shall be substantially as described in applicable written materials provided to you by Atril, and Atril support engineers will make commercially reasonable efforts to solve any problem issues. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.

SPECIAL DONGLE WARRANTY

If a dongle has been supplied with the SOFTWARE PRODUCT and you find the dongle to be defective in the period of one hundred and eighty
(180) days from the date of receipt, you may return it to ATRIL for a free replacement. Once this special warranty period has expired, you can obtain replacement dongles from ATRIL for a price of 100 euros plus postage and handling. In no event shall ATRIL ship any replacement dongles before the dongles to be replaced have been received.

CUSTOMER REMEDIES

Atril's and its suppliers' entire liability and your exclusive remedy shall be, at Atril's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Atril's Limited Warranty and which is returned to Atril with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by Atril are available without proof of purchase from an authorized source.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATRIL AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATRIL OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ATRIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ATRIL'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU

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