This document is “End Licence User Agreement” (hereinafter referred to as the Agreement) between PortlandInter Services OÜ company (hereinafter referred to as the Company) and the Customer may be referred to as a “Client”.
The Client gives his consent to follow the terms of this agreement by installation, copying or or otherwise using any software of the Company. If you do not agree to the terms of this license agreement, do not install the Software.
Assumed that the Software is to be distributed to the address from the electronic form used during order process of the product.
The Software and all rights, without limitation including proprietary rights and intellectual property rights thereto are owned by the Company. This Software product is protected by copyright law and by international agreements of copyright protection, as also by other laws and agreement of copyright protection. This Software is accorded as services and it consists of manual and server-side application.
The Company remains the right to occasionally ascertain itself that the terms of current agreement not being infringed. This Software may include product activation module and other technologies allocated to forfend unauthorized access and copying, as well as technologies to manipulate the licences. If the Client hasn’t completed the procedures of activation, installation and/or license obtaining described in the product and documentation, mentioned technologies may interrupt usage of this Software.
The Client may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code of any Software developed and provided by the Company.
The Client is not allowed to assign his rights and obligation under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer to this Software Product without first obtaining the express written consent of the Company.
The company is able to provide support services regarding this Product as well as updates and modifications of this Software according to discussed terms. Together with the Company may stop providing mentioned support services at any moment without notification. The company reserves the right to withhold or interrupt any operation aspect of the Software at any moment, including the accessibility to any feature of the Software.
The License shall terminate automatically at the end of the period for which granted. If the Clients fails to comply with any of the provisions of this Agreement, the Company shall be entitled to withdraw from the Agreement, without prejudice to any entitlement or legal remedy open to the Company in such eventualities. In the event of cancellation of the License, the Party must immediately delete, destroy or return at your own cost, the Software and all backup copies to the Company.
You agree to defend the Company against any and all claims, demands and/or actions and indemnify and hold the Company harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of this EULA/Agreement, infringement, misappropriation or any violation of the rights of any other party, violation or noncompliance with any law or regulation, the breach or violation of any term or condition of your Agreement with us, any use, alteration or export of the Software or otherwise in connection with this Agreement/EULA.
The client understand, acknowledges and agrees that to the fullest extent permissible by law, that the company under any circumstances, shall not be responsible or liable for any claim, loss or damage, of any kind, direct or indirect, including, without limitation, any and all compensatory, consequential, incidental, direct, indirect, special, exemplary or punitive damages, in connection with or arising from any use of the Software or otherwise in connection with this agreement.
The Party/clients further acknowledges and agrees its sole right and exclusive remedy for any loss or damage associated with the software of this EULA, even the Party claims that such remedy fails of its essential purpose, shall be to have the company, upon written notice from the Client, attempt to repair, correct or replace the software. If repair, correction or replacement is not reasonable commercially practicable in the sole and absolute direction of the company, either the Client or the Company shall have the right to terminate and discontinue client’s use of the software.
Some jurisdictions do not allow the exclusion of certain warranties or certain limitations on damages and remedies. Accordingly, some of the exclusions and limitations described in this agreement may not apply to the client.
The client understands and agrees that use of the Product is at his sole risk. The Software/Service is provided on an “as is” and “as available” basis. The Company disclaims all other warranties, representations, guarantees and conditions of any kind, whether express or limited, including, but not limited to the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement.
This End-User License Agreement (hereinafter referred to as the “Agreement”) is concluded between the PortlandInter Services OÜ Company (hereinafter referred to as the “Company”) and the Customer (hereinafter referred to as the “Client”).
By using the Company's software (hereinafter referred to as the “Software”), including its installation, download, modification and/or copying, the Client automatically consents to and undertakes to fulfill the terms of this Agreement. The Client shall not use the Software if he or she does not agree to any clause of this Agreement. It is assumed that the Client receives the Software from the electronic form, used during order process of the product.
The Software is protected by copyright laws, including the international agreements of copyright protection and other laws and agreements of copyright protection. The Company retains all rights to the Software, including, but not limited to, proprietary and intellectual property rights.
The Company provides the Software as a service, which consists of manual and serverside applications and may include specialized technologies, required for license manipulation, as well as a product activation module and other technologies intended for protection from an unauthorized access, modification and/or copying of the Software. The mentioned technologies may interrupt the usage of the Software, if the Client fails to complete all activation procedures, including installation and license acquisition, required by the Software itself and attached documentation.
The Client undertakes not to make any manipulations with the code of any Software, developed and/or provided by the Company, including, but not limited to, decompilation, “reverse-engineering”, disassembling, and/or extracting of the source code. The Company retains the right to ascertain the compliance with the terms of this Agreement.
The Client cannot transfer his or her rights and obligations under this Agreement to a third party.
The Client is not allowed to transfer the Software to a third party in any way, including, but not limited to, selling, renting, redistributing, leasing, and/or sublicensing, unless the Company grants the Client an express written consent.
The Company may develop and provide the Software updates and modifications, as well as support services, and reserves the right to stop providing any of the mentioned services, withhold and/or interrupt any operation aspect of the Software and/or block the access to the Software, at any moment, without prior notification.
The Agreement is automatically terminated after the validity of the license expires. If the Client fails to comply with the terms of the Agreement, the Company reserves the right to terminate the Agreement unilaterally, without prejudice to itself. In case of termination of this Agreement, the Client undertakes to immediately delete, return at his or her own cost any Software purchased from the Company and completely destroy all backup copies of such Software.
The Client agrees to carry full responsibility for any losses, expenses and/or damages, including, but not limited to, attorney’s fees, and defend the Company from any claims, demands and/or actions, directed against the Company, caused by breach of this Agreement, any use and/or export of the Software, violation of any law and/or regulation, and/or violation of the rights of any party.
The Client acknowledges and accepts that the Company, to the fullest extent permissible by law, shall not be liable for any damages, losses, expenses, including, but not limited to, attorney’s fees, punitive, compensatory, exemplary, consequential damages, claims of any kind, direct or indirect, arising from any use of the Software and/or the terms of this Agreement.
The Client acknowledges and accepts full responsibility for any damages, losses and/or expenses, associated with the Software. If such damages, losses and/or expenses are caused by inability of the program to perform its basic functions, the Client shall immediately inform the Company about the Software crash upon written notice. The Company reserves the right to terminate the Agreement and interrupt any further use of the Software by the Client.
The Client understands and accepts that some exclusions and limitations, mentioned in this Agreement, may not apply to the Client due to prohibition of exclusion of some warranties, claims and/or limitations by some jurisdictions.
The Client understands and accepts all risks involved into purchase, installing and using of the Software. The Company warrants to provide the Software on the “as is” and/or “as available” basis and disclaims all other guarantees, including, but not limited to, the implied warranties, representations and/or conditions of merchantability, fitness for a particular purpose and non-infringement. The Client shall agree to purchase the Software on such terms and disclaims any complaints on this matter.