END-USER LICENSE AGREEMENT FOR KeyRocket and SlideProof IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Veodin End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Veodin for the Veodin software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Veodin Software GmbH, (referred to as “licenser” or “Veodin”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
Veodin grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed e.g., Windows XP, Windows Vista, Windows 7, Windows 8. The license is only granted for the trial period and/or for the duration of your paid subscription.
(b) Backup Copies.
You may make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes. You may not make copies for any other kind of purpose.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
You may not distribute copies of the SOFTWARE PRODUCT to third parties.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the SOFTWARE PRODUCT; modify, translate, or create derivative works based on the SOFTWARE PRODUCT (except to the extent expressly permitted by Veodin or authorized within the Services); use the SOFTWARE PRODUCT for time sharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels; except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
Veodin may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, Veodin may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Veodin or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Veodin.
5. NO WARRANTIES
Veodin expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided ‘As Is’ without any expressed or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Veodin does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Veodin makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Veodin further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Veodin be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the SOFTWARE PRODUCT, even if Veodin has been advised of the possibility of such damages. In no event will Veodin be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Veodin shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
7. CONFIDENTIALITY; PROPRIETARY RIGHTS
Both Veodin and you understand that one of you has disclosed or may disclose business, technical or financial information relating to the other’s business. Proprietary Information of Veodin includes non-public information regarding features, functionality and performance of the SOFTWARE PRODUCT. Your Proprietary Information includes non-public data provided by you to Veodin to enable the provision of the SOFTWARE PRODUCT. Both Veodin and you agree: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the SOFTWARE PRODUCT or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. You also agree that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that one of the two can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of one of the two or (e) is required to be disclosed by law.
You shall own all right, title and interest in and to the Customer Data. Veodin shall own and retain all right, title and interest in and to (a) the SOFTWARE PRODUCT, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.
Notwithstanding anything to the contrary, Veodin shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the SOFTWARE PRODUCT and related systems and technologies (including, without limitation, information concerning your Data and data derived therefrom), and Veodin will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the SOFTWARE PRODUCT and for other development, diagnostic and corrective purposes in connection with the SOFTWARE PRODUCT and other Veodin offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
8. PAYMENT OF FEES
You will pay Veodin the then applicable fees for the SOFTWARE PRODUCT in accordance with any special terms described in your original order. Veodin reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then current renewal term, upon thirty (30) days prior notice to you (which may be sent by email). If you believe that Veodin has billed you incorrectly, you must contact Veodin no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Veodin’s customer support department. Veodin may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Veodin thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of SOFTWARE PRODUCT. You shall be responsible for all taxes associated with software other than European taxes based on Veodin’s net income.