End User License Agreement (EULA)
IMPORTANT – READ CAREFULLY
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.
If you do not accept the terms and conditions of the License Agreement, you are to promptly delete each and any copy of the Software from your computer(s).
This EULA constitutes a legal agreement (“License Agreement”) between you (“Licensee”, either as an individual or a single entity) and MomSoft (“Licensor”), for the software products (“Software”) of which MomSoft is the copyright holder.
After accepting this License Agreement, the Licensee is permitted to use the Software under the terms of this agreement for no more than forty five (45) days, and for evaluation purposes only, without payment to the Licensor. For this purpose, the Vendor provides a special free trial version of the Software that can be freely downloaded from the Licensor’s web site. The trial version has some limitations that differentiate it from the commercial version available only upon the purchase of a license from the Vendor.
If the Licensee wishes to use the software for more than forty five (45) days and/or for purposes other than evaluating the Software, the Licensee must purchase a license from the Vendor.
“Website” refers to the website http://www.momsoftco.com.
“Licensed Version” refers to the first number of the numbered version of the Software licensed by the Licensee. For example a License granted for version 1.0.0 of the Software will be applicable to any future updated version that the Licensor might release from time that starts with 1, such as 1.1.0, 1.2.0, etc., but will not be applicable to versions 2.x.x, 3.x.x, etc.
“Documentation” refers to the textual and graphical description of the Software contained in the help file, user guide and the Website.
2. Grant of License
The Software is licensed, not sold.
Upon the purchase of a License to use the Software by the Licensee, Licensor will grant the Licensee a perpetual, non-transferable, non-exclusive, license (“License”) to use the Licensed Version of the Software in object code, solely for Licensee’s internal business purposes for the management and processing of data. The License is perpetual for the use of the Licensed Version of the Software.
- A single license grants the Licensee the option of installing the Software on a single machine used by one or more persons, or installing the Software on several machines used exclusively by a single person. Any combination of these options, or installing the Software on a network server, is not permitted.
- A family license grants the Licensee the option of installing the Software on any number of machines owned by the Licensee and used in a single household, provided that the main use of the machines is non-commercial.
- A multi-user license grants the Licensee the option to install the Software on as many machines used by different persons as licenses were bought, but no more.
- A site license grants the Licensee the right to install the Software on any number of machines provided that the Software may be used only by employees that are based at a single site. A site is defined as a single physical address, i.e. a building or group of buildings sharing the same postal address.
- A corporate license grants the Licensee the right to install the Software on any number of machines provided that the Software may be used only by employees of the Licensee entity.
Regardless of the number and type of licenses bought, the Licensee has the right to keep additional copies of the Software and the license keys on a removable medium, for backup purposes exclusively, to protect the investment made.
The Licensor reserves the right to license the same Software to other individuals or entities under a different License Agreement and to modify the License Agreement terms on other versions of the Software different than the Licensed Version covered by this License Agreement.
2. Maintenance and Technical Support
Technical support is available directly from the Licensor at no additional charge in accordance with the general Support policy published on the Website. When encountering problems, the Licensee must first read the documentation included with the Software and then visit the Website and read the information presented there to make sure the question or problem is not already answered. If not, the Licensee may send a message to the Licensor using the Contact form on the Website.
3. Limited Warranty and Limitation of Liability
The Licensor warrants that:
- It has the right to enter into this License and to grant to the Licensee a License to use the Software as contemplated by this EULA;
- The Software will perform substantially in accordance with the Documentation.
For a period of ninety (90) days from the date of purchase of the License, the Licensor will refund the License fee, if any, paid by the Licensee to the Licensor for the Software in case the Software fails to operate in accordance with the Licensee needs.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.
In no event will Licensor, its affiliates, resellers, distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.
4. Ownership and Assignment
The Software remains the exclusive property of the Licensor. Any Licensee who fully complies with the terms in this License Agreement may use it according to its terms. Licensee must not give copies of the Software and the or your license key to other persons or entities. Licensee must not transfer the Software or the license key to another person or entity and take reasonable steps to prevent any third party from copying the software from one of the machines owned by the Licensee without permission.
Except in the event of a sale or transfer by any party of all or substantially all of its assets or voting securities, neither party will assign all or any portion of its rights or obligations under this EULA to any third party without the prior written consent of the other party.
5. Publicity Rights
Licensee grants Licensor the right to include Licensee as a customer in Software promotional material, including Licensee’s logo. Licensee can deny Licensor this right at any time by submitting a written request via email to Licensor requesting to be excluded from Software promotional material. Licensor will act upon such requests within thirty (30) calendar days.
The Software includes license protection mechanisms that are designed to manage and protect the intellectual property rights of Licensor and its third party suppliers. Licensee must not modify, alter, attempt to defeat or defeat such protection mechanisms or the use rules that the protection mechanisms are designed to enforce. Any such violation by the Licensee will result in the immediate termination of this license.
The Licensor reserves the right to revoke the License if the Licensee violates any or all of the terms of this License Agreement, without prior notice.
Upon termination of a license granted under this EULA, the Licensee must at its own cost as soon as is reasonably practicable: (a) cease access to and cease use of the Software; and (b) remove all copies of the Software from its computer systems, including archival or backup systems.
8. Governing Law
This EULA and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Spain, and the Spanish Courts shall be the competent courts of jurisdiction.
9. Entire Agreement
This EULA (and any addendum or amendment to this EULA which is included with the Software) is the entire agreement between the Licensee and Licensor relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.
If any provision of the EULA (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.