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(This EULA version is incomplete and the full version can be found here:
http://www.loop-portfolio.com/content/documents/Loop_EULA.pdf)
Loop™ License Agreement
Τhe below agreement gives you permission to install and Use one (1) copy of this Product on one (1) computer or electronic device at any given time as set out in more detail below.
IMPORTANT: THIS IS A LICENSE, NOT A SALE. CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THIS PRODUCT.
This agreement imposes certain restrictions on your Use of this Product. Unless you have another written agreement directly with [react]IN, that expressly supersedes this agreement and controls and alters your Use or distribution of the Product, this Product is provided under the following end user license agreement and all applicable addenda (“License”) which define what you may do with the Product and contain limitations on warranties and/or remedies. This License does (i) not grant any concurrent right in the software; and (ii) not apply to any software installed on a terminal server.
READ CAREFULLY THE TERMS AND CONDITIONS OF THE LICENSE BEFORE DOWNLOADING OR INSTALLING THIS PRODUCT. BY DOWNLOADING OR INSTALLING THIS PRODUCT:
(i) you certify that you are not a minor and that you agree to be bound by all of the terms and conditions set out in this License. Downloading, installing and/or using the Product will be an irrevocable acceptance of the terms and conditions of the License;
(ii) you agree to be responsible for your Internet service provider fees, telecommunication and other charges that may apply as a result of your download of the Product;
(iii) you represent and warrant to [react]IN, if you are accepting on behalf of a company or other legal entity, that you have full authority to bind such entity; and
(iv) all risk of damage to the Product during transmission and download is assumed by you.
IF YOU DO NOT AGREE WITH THE ABOVE, DO NOT DOWNLOAD OR INSTALL THIS PRODUCT.
This License is granted by [react]IN E.E. (“[react]IN”) and includes the following:
1. General License Terms and Definitions
2. [react]IN Guidelines for the Use of Clipart and Stock Photo Images and Sample Content
3. Trial or Starter Version Addendum to the License
4. Beta and Pre-release Version Addendum to the License
1. GENERAL LICENSE TERMS AND DEFINITIONS:
IMPORTANT: THIS LICENSE, IN ADDITION TO THE LEGITIMATE PROOF OF PURCHASE OF THE PRODUCT, IS EVIDENCE OF YOUR RIGHT TO USE THE PRODUCT. PLEASE PRINT THIS LICENSE AND KEEP IT FOR YOUR RECORDS.
1.1 DEFINITIONS:
1.1.1 “Affiliates” means any corporation, company or other entity that directly or indirectly, is controlled by, or is under common control with, [react]IN.
1.1.2 "Computer" means a computer or an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions;
1.1.3 "Documentation" means any accompanying printed materials, this License, any other agreement you may have with [react]IN relating to this Product, and "online" or electronic documentation;
1.1.4 "Permitted Number" means one (1) unless otherwise indicated under a valid license granted by [react]IN or one of its subsidiaries;
1.1.5 "Pre-Release Version" means a Product which is identified as a pre-release or beta version;
1.1.6 "Product" means a computer program, computer software (including its code), objects (including their APIs) as well as any images, photographs, templates, animations, video, audio, music, text and applets incorporated into the software, and where applicable, storage media containing any of the above, including any Documentation; and
1.1.7 "Use" means to access, install, download, copy or otherwise benefit from using the functionality of the Product in accordance with the Documentation.
1.2 LICENSE:
1.2.1 License Grant.
[react]IN provides you with a Product and grants you a non-exclusive license to Use the Product in accordance with the terms of this License. Unless otherwise provided for in another agreement that you have with [react]IN, if the Product specifies that the Product may only be purchased or obtained in a particular country, territory or region, you may only purchase or obtain such Product from [react]IN, a [react]IN channel partner or a [react]IN-authorized reseller situated within such country, territory or region. Any supplemental software code and supporting materials provided to you as part of support services provided by [react]IN for the Product shall be considered part of the Product and subject to the terms and conditions of this License. The copyright and all other rights to the Product shall remain with [react]IN or its licensors. To the extent expressly stated herein, this License does not permit you to make copies of the Product. To the extent that any third party`s intellectual property is incorporated within the Product, you agree that such third party is a third party beneficiary of the terms of this License to the extent of the third party`s license to [react]IN.
1.2 Provided you have obtained this product from [react]IN, a [react]IN channel partner or a [react]IN-authorized reseller, YOU MAY:
(i) in the case of Product purchased, install and Use one (1) copy of the Product on a Computer. You must acquire and dedicate a license for each Computer on which the Product is installed. A single license for the Product may not be shared or Used concurrently on different Computers unless you have another agreement with [react]IN permitting you to do so;
(iii) make one copy of the Product solely for archive or backup purposes;
(iv) this license IS NOT transferable
(v) if you have purchased this Product as an upgrade to a [react]IN product, continue to Use your previous product with this Product. If you transfer this Product, you must either transfer the previous product at the same time you transfer the Product or destroy the previous product at the same time you transfer the Product. If the Product you have purchased is an upgrade of a [react]IN product, you now may Use that previous product only in accordance with this License;
(vi) Use only one (1) of the language versions if the Product provides you with a selection of multiple language versions;
(vii) if this Product includes export features that permit the creation of a runtime slideshow presentation, freely copy and distribute the exported runtime program files together with slideshow graphic files developed using the Product; provided you (a) do not use the logo, name, or trademarks of [react]IN or its licensors other than as automatically produced on the exported runtime program, (b) include your copyright notice on media containing the exported runtime program files and/or in a conspicuous place within your slideshow file, (c) indemnify [react]IN and its licensors against any claims or lawsuits arising from your Use or distribution of the exported runtime program files as part of the slideshow file you distribute. You are responsible for all primary technical support to the end user of any exported runtime program file you distribute; (d) assume all responsibility and liability for the content contained in the exported slideshows.
1.4 YOU MAY NOT:
(i) Use the Product or make copies of it other than as permitted in this License
(ii) translate, reverse engineer, decompile, or disassemble the Product
(iii) rent, lease, assign, sell, sublicense, lend or transfer the Product
(iv) modify the Product or merge all or any part of the Product with another program;
(v) redistribute the fonts included with the Product;
(vi) separate the component parts of the Product for Use on more than one (1) Computer
(vii) transfer or assign the Product or any copy thereof, or your License to Use the Product to a third party, if this Product is identified as a Not For Resale (NFR) version; and
(viii) use or distribute file(s) that you don`t own or are protected by copyright laws or third party intellectual property rights, import them in the Product or distribute to third parties or permit Use of such file(s) by third parties.
1.5 PRODUCT UPDATES, NEW VERSIONS AND THIRD PARTIES` SOFTWARE:
1.5.1 Installation of Updates, Patches, Additional Features or Functions, etc.
You acknowledge that [react]IN may, but is under no obligation to, from time to time provide you with additional features, functions, patches, plug-ins, service packs, updates or other similar files related to this Product (“Updates”). You further acknowledge and accept that [react]IN does not need to provide you with advance notice of the installation of any such Updates.
1.5.2 Mandatory Updates.
In the event [react]IN provides you with an Update to address a threatened or actual security breach in the Product, to replace technologies that may infringe third party intellectual property rights or for any other reason of similar significance to [react]IN (such Updates hereinafter referred to as “Mandatory Updates”), you agree to promptly, and in no event later than ten (10) business days after [react]IN provides such Mandatory Update to you, cease use of any Product that has not be updated with the Mandatory Update. Failure to comply within the timeframe specified in this Section shall result in the automatic and immediate termination of your License to Use the Product.
1.5.3 Use of Updates, Patches, etc.
Any Updates you obtain or receive may only be Used in conjunction with the [react]IN application software product for which it was designed (the "Original Application") and is subject to this License including, without limitation, to [react]IN`s Limited Warranty, Disclaimer and Limitation of Liability (as set out in Sections 1.9, 1.10 and 1.11) as applicable. You are granted a non-exclusive license to Use the Updates only with the Original Application provided that you still possess a valid license from [react]IN for the Original Application.
1.5.4 New Versions.
You acknowledge and agree that [react]IN has no obligation to make available to you any subsequent versions of the Product. You also agree that you may have to enter into a renewed version of this License in the event you want to Use a new version of the Product. Furthermore, you acknowledge and agree that [react]IN, in its sole discretion, may modify or discontinue or suspend your ability to Use any version of the Product, and/or disable any Product you may already have accessed or installed without any notice to you, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where you, at [react]IN`s discretion, are in breach of this License, potential legal liabilities, acting inconsistently with the letter or spirit of [react]IN`s policies, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. [react]IN will not accept any liability in relation to the direct or indirect damages caused by: (i) the release and/or the absence of release of new versions of the Product; and (ii) by the suspension or termination of this License by [react]IN and/or by you.
1.5.5 Third Parties.
You acknowledge and agree that the Product may not be incorporated into, and may not incorporate itself into, software and other technology owned and controlled by third parties. Any and all other third party software or technology that may be distributed together with the Product (“Bundled Third Party Software”) will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you have not entered into a contractual relationship with [react]IN regarding such Bundled Third Party Software and you will look solely to the applicable third party and not to [react]IN to enforce any of your rights.
1.6 INTELLECTUAL PROPERTY RIGHTS:
Except as expressly licensed to you in this License, [react]IN retains all right, title and interest in and to the Product and any copies you are authorized by [react]IN to make. The Product is protected by copyright, including without limitation Greek copyright law, international treaty provisions and applicable laws in the country in which it is being Used. Except as expressly stated herein, this License does not grant you any intellectual property rights in the Product. All rights not expressly granted are reserved by [react]IN.
1.7 TERM:
This License shall remain in effect only for so long as you are in compliance with the terms and conditions of this License. This License will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Intellectual Property Rights, Limited Warranty, Disclaimer and Limitation of Liability provisions set out in Sections 1.7, 1.9, 1.10, 1.11, 1.15, 1.16, 3.2 shall continue in force even after any termination.
1.8 NO WARRANTY:
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES, REPRESENTATIONS, TERMS OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. [REACT]IN AND ITS SUPPLIERS AND DEALERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW THE AUTHOR WILL BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1.9 LIMITATION OF LIABILITY:
IN NO EVENT WILL [REACT]IN, ITS DEALERS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION WHATSOEVER) OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF A [REACT]IN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. [REACT]IN IS ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. IN THE EVENT THAT THE ABOVE LIMITATION OF LIABILITY IS NOT VALID IN YOUR JURISDICTION, [REACT]IN`S MAXIMUM AGGREGATE LIABILITY AND THAT OF [REACT]IN`S DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. THE FOREGOING EXCLUSIONS AND LIMITATIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. [REACT]IN IS ACTING ON BEHALF OF ITS DEALERS AND SUPPLIERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND/OR LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY AS PROVIDED IN THIS LICENSE, BUT IN NO OTHER RESPECTS.
1.10 GENERAL:
This License is the entire agreement between you and [react]IN, superseding any other agreement or discussions, representations or advertising, oral or written, other than a separate, valid, existing and applicable license agreement entered into between you and [react]IN or any of its subsidiaries (the "Other License") in which case that Other License governs to the extent of any inconsistency between this License and that Other License. This License may be modified only by a written document signed by an authorized officer of [react]IN. This License specifically excludes (i) that body of law applicable to choice of law, and (ii) the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. Except as expressly set forth herein to the extent permitted by applicable law, this License shall not prejudice the non-excludable, statutory rights of any party dealing as a consumer. You agree that this License and all documents contemplated hereby be drawn up in English.
1.11 COMPLIANCE WITH LICENSES:
If you are a business or organization, you agree that upon request from [react]IN or [react]IN`s authorized representative, you will within thirty (30) days fully document and certify that Use of any and all [react]IN product at the time of the request is in conformity with your valid licenses from [react]IN.
1.12 ACTIVATION, REGISTRATION, MARKETING, PRIVACY, DATA COLLECTION, ACCESS AND ALTERATION:
1.12.1 Except as expressly limited by applicable law, you agree that:
(i) if this Product requires mandatory activation, your License and ability to Use this Product is contingent upon you successfully completing the activation process and providing [react]IN with accurate information as required by such process;
(ii) if this Product requires mandatory registration, your License and ability to Use this Product is contingent upon you successfully completing the registration process and providing [react]IN with accurate information as required by such process; and
(iii) [react]IN may provide you with product and marketing information regarding this Product.
1.12.2 You hereby acknowledge and consent to [react]IN: authenticating and periodically verifying your licensing rights in the Product by accessing any default settings of the computer system on which you Use the Product. [react]IN does NOT store or share any of your personal data during downloading, installation and use of the Product. Serial numbers are backed up in [react]IN`s database in case of client loss. During the activation process the product will verify your licensing rights by itself by accessing any default settings of the computer system on which you Use the Product.
1.12.3 If you fail to activate or register a Product which requires mandatory activation or registration in the amount of time specified in the Product, you will be unable to Use this Product and your License to Use the Product shall be suspended until such time as you promptly complete the activation and/or registration process. Any attempt to circumvent the activation or registration technology or other mechanism contained within the Product is a violation of this License and shall result in the automatic and immediate termination of your License to Use the Product.
1.13 THIRD PARTY SOFTWARE AND CODECS:
1.13.1 The applications Windows Media Player and Quick Time Player must be installed in your system as well as any codec required for proper display of your multimedia and video files. These applications are ruled by third party license agreements that are not covered by the proposes of this agreement.
1.14 EXPORTING IMAGES, VIDEOS & MULTIMEDIA FILES AS SLIDESHOWS:
The Product includes features that ...
This EULA version is incomplete and the full version can be found here:
http://www.loop-portfolio.com/content/documents/Loop_EULA.pdf