1. General Terms
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE PROGRAM YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE PROGRAM.
"Cinimex" is Cinimex BS Ltd.
"License Information" ("LI") is a document that provides information specific to a Program. The Program's LI must be specifically requested from Cinimex.
"Program" is the following, including the original and all whole or partial copies: machine-readable instructions and data, license use documents or keys, and documentation.
"Modification", "Release", and "Version" are phases of the Program's lifecycle. A Version can have multiple Releases. A release can have multiple Modifications.
A "Proof of Entitlement" ("PoE") is evidence of Your authorization to use a Program at a specified level in the partition of the server uniquely identified by the specified system name of the partition and the serial number of that server. The level may be measured, for example, by the number of processors. The PoE is also evidence of Your eligibility for warranty, and future upgrade prices. There are two types of PoE: Basic PoE (“BPoE”) and Full PoE (“FPoE”). The PoE is usually provided in the form of License Keys. Cinimex recognizes the original paid sales receipt as the PoE, provided that it specifies the name of the Program, the usage level acquired, and identification of the target server partition.
"You" and "Your" refer either to an individual person or to a single legal entity.
This Agreement includes General Terms, License Information, and Proof of Entitlement and is the complete agreement between You and Cinimex regarding the use of the Program. It replaces any prior oral or written communications between You and Cinimex concerning Your use of the Program.
2. Entitlement License
The Program is owned by CYprolics Software Ltd and is copyrighted. It is distrubuted and licensed by Cinimex, not sold. Cinimex grants You a nonexclusive license to use the Program when You lawfully acquire it. You may
1) use the Program up to the level of use specified in the PoE and
2) make and install copies, including a backup copy, to support such use.
The terms of this license apply to each copy You make. You will reproduce all copyright notices and all other legends of ownership on each copy, or partial copy, of the Program.
If You acquire the Program as a program upgrade, after You install the upgrade You may not use the Program from which You upgraded or transfer it to another party. You will ensure that anyone who uses the Program (accessed either locally or remotely) does so only for Your authorized use and complies with the terms of this Agreement. You may not
1) use, copy, modify, or distribute the Program except as provided in this Agreement;
2) reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver.
Cinimex may terminate Your license if You fail to comply with the terms of this Agreement. If Cinimex does so, You must destroy all copies of the Program and its PoE.
License and PoE may be resold or otherwise transferred to another party on condition that both the system serial number and the name of the partition where the Program is installed remain unchanged.
3. Charges
The amounts payable for a Program license is the initial license fee (ILF) and, optionally, the recurring license fee (RLF). Both the initial and the recurring license fees are based on the level of use acquired which is specified in the PoE.
When the ILF is paid, the BpoE is obtained. When the RLF for the given period is paid, the FPoE is obtained.
Cinimex does not give credits or refunds for fees already due or paid, except as specified elsewhere in this Agreement. If You wish to increase the level of use, notify Cinimex and pay any applicable charges.
A valid FPoE gives You the right to download, install, use, and copy all available Releases and Modifications of the specified Program Version free of charge. A valid FPoE gives You the right to use Cinimex e-mail support service.
4. Future versions.
Cinimex may from time to time release new versions of the Program. Nothing in this Agreement shall obligate Cinimexto provide any particular update or enhancement. Cinimex may choose to implement new features and/or components of the Program that require additional licensing. You are not obligated to purchase additional licenses if you choose not to use those new features and/or components.
5. Limited Warranty
Limited Warranty only applies to Programs for which valid FPoEs have been obtained. Cinimex warrants that when the Program is used in the specified operating environment it will conform to its specifications. The warranty applies only to the unmodified portion of the Program. The Warranty period for each Modification of the Program is one hundred and eighty (180) days from the date you acquire it by obtaining the valid FPoE and downloading it from the Cinimex distribution repository. Cinimex does not warrant uninterrupted or error-free operation of the Program or that Cinimex will correct all Program defects.
You are responsible for the results obtained from the use of the Program. If the Program does not function as warranted during the Warranty Period and the problem cannot be resolved either by Cinimex Support staff or by installing any of the newer Program Modifications within ninety (90) days, You may return the Program and its FPoE to the party from whom You acquired it and receive a refund in the amount You paid.
If You downloaded the Program, You may contact the party from whom You acquired it for instructions on how to obtain the refund.
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
6. Trial period
If a Program is downloaded and installed before a valid PoE is obtained, the Program automatically enters the trial period. Programs can be trialed on "AS IS" basis only. Programs, while in the trial period, can be subject to functional and other limitations described in LI documents. Trial period is always limited in time. At the end of the trial period the Program may completely shut down pending acquisition of a valid PoE.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES IS Cinimex, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:
7.1. LOSS OF, OR DAMAGE TO, DATA;
7.2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR
7.3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
8. General
8.1. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
8.2. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
8.3. You agree to comply with all applicable export and import laws and regulations.
8.4. You agree to allow Cinimex to store and use Your contact information, including names, phone numbers, and e-mail addresses, anywhere they do business. Such information will be processed and may be provided to contractors, and assignees of Cinimex for uses consistent with their collective business activities, including communicating with You (for example, for processing orders, for promotions, and for market research).
8.5. Neither You nor Cinimex will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.
8.6. Neither You nor Cinimex is responsible for failure to fulfil any obligations due to causes beyond its control.
8.7. Governing Law, Jurisdiction, and Arbitration
Governing Law
Both You and Cinimex consent to the application of the laws of England to govern, interpret, and enforce all of Your and Cinimex's rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Jurisdiction
All of our rights, duties, and obligations are subject to the courts of England.
9. Complete Agreement
This License constitutes the entire agreement between the parties with respect to the use of the Program and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Cinimex BS.