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This License Agreement applies to all editions and versions of emagiC CMS, developed by Emagine bvba, and all standard modules available for each emagiC CMS version, also developed by Emagine bvba. emagiC CMS and any standard modules are referred to as SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright License Agreements and international copyright treaties, as well as other intellectual property License Agreements and treaties. The SOFTWARE PRODUCT is licensed, not sold. Installing and using the SOFTWARE PRODUCT implies the acceptance of this license agreement.
1. GRANT OF LICENSE.
The licensee may install and use one copy of the SOFTWARE PRODUCT, on a single computer and for the url`s and number of seats the licensee has bought valid license keys. The term "seat" shall mean an individual user provided access to the capabilities of the Software.
2. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY.
The SOFTWARE PRODUCT is licensed for use only in delivered code form. The licensee may not modify, alter, reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT.
3. SEPARATION OF COMPONENTS.
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer, for another URL or to be used as part of another software product.
4. RENTAL.
The licensee may not rent, lease, or lend the SOFTWARE PRODUCT.
5. SOFTWARE TRANSFER.
The licensee receives a non-transferable and non-exclusive right to use the SOFTWARE PRODUCT. This License Agreement, the License granted hereunder, and the SOFTWARE PRODUCT may not be assigned or in any way transferred without the prior written consent of Emagine.
6. TERMINATION.
Without prejudice to any other rights, Emagine may terminate this LICENCE AGREEMENT if the licensee fails to comply with the terms and conditions of this LICENCE AGREEMENT. In such event, the licensee must destroy all copies of the SOFTWARE PRODUCT and all of its component parts upon notification and demand by Emagine.
7. UPGRADES.
If the SOFTWARE PRODUCT is labeled as an upgrade, the licensee must be properly licensed to use a product identified by Emagine as being eligible for the upgrade in order to use the SOFTWARE PRODUCT.
8. COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Emagine or its suppliers. The SOFTWARE PRODUCT is protected by copyright License Agreements and international treaty provisions. Therefore, the licensee must treat the SOFTWARE PRODUCT like any other copyrighted material except that the licensee may install the SOFTWARE PRODUCT on a single computer provided the licensee keeps the original solely for backup or archival purposes. The licensee may not copy the printed materials accompanying the SOFTWARE PRODUCT.
9. LIMITED WARRANTY.
Emagine warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. During this period, any Support Services provided by Emagine shall be substantially, and Emagine support engineers will make commercially reasonable efforts to solve any problem issues. This limited warranty shall not apply to any error or failure resulting from (i) machine error, (ii) Customer`s failure to follow operating instructions, (iii) negligence or accident, or (iv) modifications to the Software by any person or entity other than the licensee.
10. DAMAGES.
In no event shall Emagine or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide support services, even if Emagine has been advised of the possibility of such damages.
11. JURISDICTION.
This Agreement and its performance and all claims arising from the relationship between Emagine and the licensee shall be governed by, construed and enforced in accordance with the laws of Belgium without regard to conflict of laws principles thereof. The parties agree that any action brought in connection with this Agreement shall be maintained only in a court of competent subject matter jurisdiction located in Belgium or in any court to which appeal there from may be taken.