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1.General
conditions for license granting.
NMSoftware
grants a license for this product to the beneficiary, individual user
or company, only on condition of the acceptance of all the terms of
this agreement. This applies to all the versions of the application,
program corrections or updates, supplied by NMSoftware. By installing,
copying or any other type of using the E.L.A. application, the
beneficiary accepts the terms of this agreement. If the beneficiary
does not agree to the terms of this agreement, he does not install and
does not use the E.L.A. application. The legal holder of the Licence certificate
benefits from all the use rights of the acquired product, according to
the licensing and warranty conditions.
2. Licence certificate.
The E.L.A. product
is the property of
NMSoftware and is protected by the law of copyright, as well as through
other Romanian or international normative acts regarding the
intellectual property. At the same time, the materials edited which
accompany the E.L.A. product, any of its copies, or any of its
component are the property of NMSoftware.
The Beneficiary cannot copy the E.L.A. product in other conditions than
those provided in this licence certificate. The Beneficiary is
compelled to include all the copyright documents in their original form
for all the copies created, no matter the transmission environment or
the form in which the E.L.A. product exists.
It is forbidden the under-licensing, the rent, sale or leasing of the
E.L.A. product. At the same time, it is forbidden the pirating, the
decompilation, the decomposition, the
modification, the translation or the development of other similar
products based on it. No other component of the E.L.A. product can be
redistributed and will not be used for other purposes than that of
functioning of the application it was delivered with.
3. Restrictions of use.
A
use license gives the right to the beneficiary to install and use a
single copy of the
application, respectively a single copy for each component of the
E.L.A. product on a
single work station. The use of the application on the work
station connected to a computer network, from a different computer of
that on which the program was installed, is not considered a right to
use, but on condition that for each computer on which the program runs
be acquired a use licence. Multiple licences are granted to the
beneficiaries who want the installation of the E.L.A. application on
more computers.
4. Functionalities offered.
This
product is offered “THE WAY IT IS”. The applications developed by
NMSoftware
are tested from the qualitative point of view, for a functioning
according to the specifications and documentation of use that come with
it. NMSoftware does not guarantee that the functions in E.L.A.
application will accomplish all the requirements of the beneficiary,
neither that the product will function optimally on any
hardware/software configuration. NMSoftware commits herself to correct
within 5 working days any dysfunctionality reported in the period of
technical support, dysfunctionalities that did not appear as a fault of
the beneficiary. By dysfunctionality we understand any functionality
different from the standard functioning of the E.L.A. product,
described in the use documentation. By dysfunctionalities appeared as a
fault of the beneficiary are understood: delete/modification of files,
so necessary to the E.L.A. product, as well as system files, the
virusing of the operation system or other similar operations.
The technical support includes indications regarding the installation
of the applications and the running on the supported operation systems,
as well as the way in which their registration and activation is
accomplished.
5.
Limitation of responsibility.
Anyone who uses, tests or evaluates the E.L.A. application will bear
all the risks that derive from it. NMSoftware and his suppliers will
not be responsible for any kind of damages regarding prejudices arising
from profit not made, the interruption of the commercial activity, the
loss of information regarding the commercial activity or other losses
of pecuniary nature that derive from the use or from the impossibility
to use the
E.L.A. product.
NMSoftware
is not responsible for the possible loss of the databases that could
interfere after the correct or incorrect use. Making back up copies of
the databases in order to assure them, is the task of the user. The
conditions provided in this section will apply no matter if E.L.A. is
used, evaluated or tested.
6. Registration and activation.
The testing version
of E.L.A.
application has all the functions active, but the monitoring is limited
to about 30 seconds. After its registration and activation the
application runs without functional or time limitations.
For the new versions of the application that bring major changes in its
functionality it is necessary to update the licence, fact that implies
a further expense for the clients who wish to update the contracted
programs. For the licence update an upgrade licence is
granted.
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