End User License Agreement (EULA) for Vikinguard Software
This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and the mentioned author (This Is Not Just A Software Company SL – TINJASC SL) of the Vikinguard software, which includes computer 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 bounded 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. BY CLICKING "I AGREE", OR BY TAKING ANY STEP TO INSTALL OR USE THE SOFTWARE PRODUCT, YOU (1) REPRESENT THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY, STATE, PROVINCE JURISDICTION OF RESIDENCE AND, IF APPLICABLE, YOU ARE DULY AUTHORIZED BY YOUR EMPLOYER TO ENTER INTO THIS CONTRACT AND (2) YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THE EULA TERMS, DO NOT USE THE SOFTWARE PRODUCT.
1. GRANT OF LICENSE. The Software Product includes two types of computer software (1) that is owned by TINJASC SL (and may include associated media, and "online" or electronic documentation) (collectively the "Software Product") and (2) other software provided by third parties and used with the Software Product ("Third Party Software"). TINJASC SL grants you the following non-exclusive rights provided you agree to and comply with all terms and conditions of this EULA:
a. Use. The Software Product is being distributed as Freeware for personal or commercial use. You are NOT allowed to make a charge for distributing this Software (either for profit or merely to recover your media and distribution costs) whether as a stand-alone product, or as part of a compilation or anthology. It may be distributed freely on any website or through any other distribution mechanism, as long as no part of it is changed in any way. You may install and use an unlimited number of copies of the SOFTWARE PRODUCT.
b. Reproduction and Distribution. You may reproduce and distribute an unlimited number of copies of the SOFTWARE PRODUCT; provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this EULA.
Copies of the SOFTWARE PRODUCT may be distributed as a standalone product. If you want to include it with your own products, you should get THIS IS NOT JUST A SOFTWARE COMPANY SL explicit approval first.
c. Reservation of Rights. The Software Product is licensed, not sold, to you by TINJASC SL. TINJASC SL and its suppliers own all right, title and interest in and to the Software Product and reserve all rights not expressly granted to you in this EULA. You agree to refrain from any action that would diminish such rights or would call them into question.
d. Third Party Software. Notwithstanding the terms and conditions of this EULA, all or any portion of the Software Product which constitutes Third Party Software, is licensed to you subject to the terms and conditions of the software license agreement accompanying such Third Party Software whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Third Party Software by you shall be governed entirely by the terms and conditions of such license.
e. Support. Technical support for the Software Product will be free for the first thirty (30) days after the activation date. Support will be available via e-mail during regular business hours CET. After 30 days, Technical Support may be offered by TINJASC SL as a paid support service.
2. UPGRADES. To use a Software Product identified by TINJASC SL as an upgrade, you must first be licensed for the original Software Product identified by TINJASC SL as eligible for the upgrade. After upgrading, you may no longer use the original Software Product that formed the basis for your upgrade eligibility and the upgraded software shall be deemed the "Software Product". The SOFTWARE PRODUCT upgrades are FREE of charge.
3. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original Software Product provided by TINJASC SL unless TINJASC SL provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.
a. Third Party. The Software Product may only be transferred to another end user as part of a transfer of the computer(s) on which it is installed. Any transfer must include all component parts, media, printed materials and this EULA. Prior to the transfer, the end user receiving the transferred product must agree to all the EULA terms. Upon transfer of your computer(s), your license is automatically terminated and you are no longer permitted to use the Software Product.
b. Restrictions. You may not rent, lease or lend the Software Product or use the Software Product for commercial timesharing or bureau use. You may not sublicense, assign or transfer the license or Software Product except as expressly provided in this EULA.
5. PROPRIETARY RIGHTS. All intellectual property rights in the Software Product and user documentation are owned by TINJASC SL or its suppliers and are protected by law, including but not limited to copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. The structure, organization and code of the Software Product are the valuable trade secrets and confidential information of TINJASC SL and its suppliers. You shall not remove any product identification, copyright notices or proprietary restrictions from the Software Product.
6. LIMITATION ON REVERSE ENGINEERING. Except to the extent that such restriction is not permitted under applicable law, you are not permitted (and you agree not to) reverse engineer, decompile, disassemble or create derivative works of or modify the Software Product. Nothing contained herein shall be construed, expressly or implicitly, as transferring any right, license or title to you other than those explicitly granted under this EULA. TINJASC SL reserves all rights in its intellectual property rights not expressly agreed to herein. Unauthorized copying of the Software Product or failure to comply with the restrictions in this EULA (or other breach of the license herein) will result in automatic termination of this Agreement and you agree that it will constitute immediate, irreparable harm to TINJASC SL for which monetary damages would be an inadequate remedy, and that injunctive relief will be an appropriate remedy for such breach.
7. TERM. This EULA is effective unless terminated or rejected. This EULA will also terminate immediately and without additional notice in the event you breach this EULA and/or fail to comply with any term or condition of this EULA.
8. CONSENT TO USE OF DATA. You agree that TINJASC SL and its affiliates or suppliers may collect and use statistics on your use of the Software Product, your website performance, end users experience and any other web-site information in relation to support services related to the Software Product. TINJASC SL and its suppliers agree not to use this information in a form that personally identifies you except to the extent necessary to provide such services.
10. DISCLAIMER OF WARRANTIES.
a. NO WARRANTIES: TINJASC SL expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation warranties of title and non-infringement, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, and of lack of viruses all with regard to the software product and third party software. no oral or written information or advice given by sac or a sac authorized representative shall create a warranty. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety. To the extent applicable law requires SAC to provide warranties, you agree that the scope and duration of such warranty shall be to the minimum extent permitted under such applicable law.Computer software is inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the Software Product for any applications in which failure could cause any significant damage or injury to persons or tangible or intangible property. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
b. NO LIABILITY FOR DAMAGES: In no event shall the author of this Software be liable for any special, consequential, incidental or indirect damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy or in any way related to the use of or inability to use the software product, third party software and/or third party hardware used with the software product, or otherwise in connection with any provision of this EULA) arising out of the use of or inability to use this product, even if the Author of this Software is aware of the possibility of such damages and known defects.
c. NO LIABILITY FOR SERVICE CANCELATION OR MODIFICATION. TINJASC may choose to stop, suspend or modify the services (or any portion of it) and product features at any time without prior notice.
11. INDEMNITY. You agree to indemnify and hold TINJASC SL and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement, your violation of any laws, regulations or third party rights or your negligent act, omission or willful misconduct.
12. LAW GOVERNANCE. The User acknowledges and accepts that this agreement shall be governed by Spanish law and any disputes will be resolved in the Courts of Madrid, with the exception of those cases in which a legal provision establishes another jurisdiction in favour of the User. If any of the clauses included in this agreement were declared fully or partially invalid or ineffective, such provision will be ineffective only to the extent of such invalidity or ineffectiveness, without invalidating the remainder of this agreement.