END-USER LICENSE AGREEMENT
For Airy for Windows
By Eltima Software
Please, read this carefully. By using all or any portion of the Software you accept all the terms and conditions of this Agreement. If you do not agree, do not use this Software.
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“System” means Windows OS or any virtual machine.
As long as the Licensee complies with the terms of this End User License Agreement (the “Agreement”), the Licensor grants the Licensee a non-exclusive right to use the GUI version of the Software under the following conditions:
- This License can be used for personal, non-commercial and non-profit needs.
- The Licensee may install and use the GUI version of the Software on one system only.
- The Software can be utilized only by the person this Software is registered to.
- This License cannot be shared or used concurrently on different systems or by different individuals.
- Each individual must purchase a separate license for the Software to use it.
3.1 This License does not transmit any intellectual rights on the Software. The Software and any copies that the Licensee is authorized by the Licensor to make are the intellectual property of and are owned by the Licensor.
3.6 Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners’ names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give the Licensee any rights of ownership in that trademark.
4.1 This License is non-transferable. The Licensee may not transfer the rights to Use the Software to third parties (another person or legal entity).
4.3 The Licensee may make a backup copy of the Software, provided a backup copy is not installed or used on any system not belonging to the Licensee. The Licensee may not transfer the rights to install or use a backup copy of the Software to third parties (another person or legal entity).
5.1 The minor upgrades (or updates) are free, but the upgrades to major versions can be purchased with 50% discount.
5.3. The Licensee may continue to Use the previous version of the Software no matter whether the Licensee received the Update or not. On submitting the Update, the Licensor is to assist the Licensee in the transition to the Update, provided that: the Update and the previous version are installed on the same system; the previous version or copies thereof are not transferred to another party or system, not belonging to the Licensee; and the Licensee acknowledges that any obligation the Licensor may have to support the previous version of the Software may be ended upon availability of the Update.
6.1 The Licensor warrants that:
The Licensor gives no warranty, express or implied, that (i) the Software will be of satisfactory quality, suitable for any particular purpose or for any particular use under specified conditions, notwithstanding that such purpose, use, or conditions may be known to the Licensor; or (ii) that the Software will operate error free or without interruption or that any errors will be corrected.
In no event will the Licensor be liable for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if the Licensor has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party.
In no event will the Licensee be liable to the Licensor on condition that the Licensee complies with all terms and conditions stated in this License.
8.1 Among other protection methods some Eltima Software applications may require activation.
If a portion of this agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is not lawful, the rest of the Agreement is still in force. A party’s failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement.10. THIRD-PARTY LICENSES
The Software contains components that were created by a third party and that are governed by the third-party license, which is contained hereinafter as Exhibit A. The third-party license does not apply to the Software as a whole, even when it uses terms such as “software”, “program”, or any other equivalent terms/phrases. The Software as a whole is governed by EULA by Eltima Software (see above). Unless otherwise stated, graphics and files that are not part of the source code are governed by EULA by Eltima Software.
(c) 2000-2018 Eltima Software. All rights reserved.
EXHIBIT A: The License Terms for Envjs (http://www.envjs.com/), under the MIT License
(c) 2008-2010 John Resig, under the MIT License
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
The Software is provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the Software or the use or other dealings in the Software.