SOFTWARE LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY: BY INSTALLING THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This End-User License Agreement ("Agreement") is a legal agreement between you (an individual or a single entity) and Computer Systems Odessa ("CSO") for the Software Product which may include software components, media, printed materials, and "on-line" or electronic documentation, accompanying this License Agreement ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software. The Software is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties. The Software is licensed, not sold.

1. Grant of License. The Software is licensed as follows:
(a) Installation and Use. CSO grants you the right to install and use the Software on 1 (one) Macintosh or PC computer, but not on both concurrently (unless you have a Multi-User license).
(b) Backup Copies. You may make copies of the Software for backup and archival purposes only. The backup copies must include all copyright information contained in the original.
(c) Multi-User License (if applicable). If the Software is labelled to allow more than one license, then CSO grants you the right to install the Software on storage devices, such as a network server, and run it on an internal network, provided the number of concurrent users does not exceed the number of copies of the Software purchased. If you have purchased a Multi-User license, you may concurrently use the number of copies of the Software authorized by that purchase. You must obtain additional licenses from CSO before running the Software on more computers, machines, servers or networks.
(d) Trial and/or Demo Software (if applicable). If this Software is marked "Trial", then this license to use the Software under the conditions set herein is granted to you for 30 (thirty) days from the first time you run the Software. After the period specified is over, this grant of license expires.
If this Software is marked "Demo", it can be used and distributed without limitations.
(e) Not For Resale Software. If this Software is marked "Not for Resale" or "NFR", your license only permits use for demonstration, testing, or evaluation purposes.
(f) Academic or Educational License (if applicable). If this Software is marked "Academic" or "Educational", your license only permits use in qualified educational institutions.

2. Maintenance of Copyright Notices. All the native resources, restrictions and copyright notices shipped with the original product must be preserved and included with all copies of the Software.

3. Transfer. You have a permanent right to transfer all your rights under this Agreement to another party by passing all the copies of the Software licensed, together with a copy of this Agreement and the accompanying written materials, provided that the other party accepts the terms  of this Agreement.

4. Upgrades. Notwithstanding any other terms in this Agreement, if the Software is licensed as an upgrade or update, then you may only use the Software to replace the previous validly licensed versions of the same Software. You agree that the upgrade or update does not constitute the granting of a second license to the Software (i.e., you may not use the upgrade or update in addition to the Software it is replacing, nor may you transfer the replaced software to a third party).

5. Distribution. You may not distribute, rent, lease, loan or sublicense the Software in whole or in part, or transmit it over a network for use on more computers for which you have no valid License.

6. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not create derivative works based upon the Software in whole or in part, unless otherwise expressly indicated by CSO.

7. Support Services. CSO may provide Support Services related to the Software ("Support Services"). The use of the Support Services is governed by the CSO policies and programs described in the user manual, in the "on-line" documentation and/or other materials provided by CSO. Any supplementary software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this Agreement. Any technical information you provide to CSO may be used by CSO for its business purposes, including product support and development, but not in a form that identifies you personally (unless otherwise agreed between you and CSO).

8. Compliance with Applicable Laws. You must comply with all applicable laws regulating the use of the Software. The terms of this Agreement remain in full force and effect unless found unenforceable.

9. Term and Termination of the Agreement. This Agreement takes effect when the Software is installed or used for the first time, and remains valid until terminated. You are free to terminate it at any time by destroying the original and any archival copies of the Software, and notifying CSO in writing. CSO may terminate this License without notice upon your failure to abide by this Agreement.

10. Limited Warranty. CSO warrants the performance of the Software substantially in accordance with the Documentation for a period of 30 (thirty) days from the date of original retail purchase (as evidenced by a copy of your receipt).   If the Software fails to meet the specifications of the warranty set forth above, your exclusive remedy will be replacement of the CD or a reasonable effort on the part of CSO to make the product meet the above warranty specification. This limited warranty applies only if you return all the copies of the Software along with a copy of your paid invoice to the location where you purchased it, within 30 (thirty) days after the purchase. Any Software provided to you for replacement will be further guaranteed for 30 (thirty) days from the date of receipt.
EXCEPT FOR THESE EXPRESS LIMITED WARRANTIES, CSO GIVES YOU NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU. CSO SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CSO does not warrant that the operation of the Software will be uninterrupted or error-free.

11. Limitation of Liability. NEITHER CSO NOR ITS AUTHORIZED REPRESENTATIVES INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR INTENTIONAL DAMAGES, INCLUDING ANY LOSS OF USE, LOST PROFITS, INTERRUPTION OF BUSINESS OR LOST SAVINGS, ARISING OUT OF USE OF OR RELATING TO THE SOFTWARE AND THIS LICENSE, EVEN IF A CSO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. 
Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitations may not apply to you.

12. Complete Agreement. The express terms of this Agreement constitute the entire Agreement between you and CSO. If the license was purchased for your own use, its terms apply to you. If purchased for corporate use, this Agreement applies to you, your company and the employees of the company.

COPYRIGHT

The Software, its Documentation and other materials are copyrighted, with all rights reserved. Under the copyright laws, the Software or related materials may not be copied (including translating into another language or format), in whole or in part, without written consent of CSO, except in the normal use or for backup purposes. Copies may not be made for third parties, whether sold or not.
All trademarks acknowledged. CSO trademarks may be registered in some countries.

 © Copyright by Computer Systems Odessa Corp.
Contact: info@cs-odessa.com.ua
www.conceptdraw.com

