Desk & Archive 2.0.3

EULA - End User License Agreement

These license terms are an agreement between Labsii Ltd. and you. Please read them. IF YOU DO NOT ACCEPT THE LICENSE TERMS, DO NOT USE THE SOFTWARE AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING REGISTRATION, VALIDATION AND FOR INTERNET-BASED SERVICES.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR
EACH LICENSE YOU ACQUIRE.
1. OVERVIEW. The software is licensed on a per copy per device basis. A hardware partition or blade is considered to be a separate device.
2. INSTALLATION AND USE RIGHTS.
a. One Copy per Device. The software license is assigned to the device on which the software is registered. The software license may be unassigned from device and assigned to another device by process of unregistering and re-registering. Such device is the licensed device.
b. Licensed Device. You may only use one copy of the software on the licensed device at a time.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Multiplexing. Hardware or software you use to
pool connections,
reroute information, or
reduce the number of devices or users that directly access or use the Software (sometimes referred to as multiplexing or pooling), does not reduce the number of licenses you need.
b. Use with Virtualization Technologies. Instead of using the software directly on the licensed device, you may install and use the software within only one virtual (or otherwise emulated) hardware system on the licensed device.
c. Remote Access. The single primary user of the licensed device may access and use the software installed on the licensed device remotely from any other device. You may allow others to access the software to provide you with support services. You do not need additional licenses for this access. No other person may use the software under the same license at the same time for any other purpose.
d. Trial and Conversion. Software may be licensed on a trial basis. Your rights to use trial software are limited to the trial period. The length of the trial period is 30 days. You may have the option to convert your trial rights to perpetual rights. Conversion options will be presented to you at the expiration of your trial period. After the expiration of any trial period without conversion, the trial software will stop running.
4. MANDATORY REGISTRATION. Registration associates the use of the software with a specific device. During registration, the software will send information about the software and the device to Labsii or its partner that manages software licensing. This information includes the version, the license version, language and product key of the software, the Internet protocol address of the device, and information derived from the hardware configuration of the device. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.
If properly licensed, you have the right to use the version of the software installed during the installation process up to the time permitted for registration. UNLESS THE SOFTWARE IS REGISTERED, YOU HAVE NO RIGHT TO USE THE SOFTWARE AFTER THE TIME PERMITTED FOR Registration. This is to prevent its unlicensed use. YOU ARE NOT PERMITTED TO BYPASS OR CIRCUMVENT REGISTRATION. You can register the software by Internet. If you do so, Internet service charges may apply.
Some changes to your computer components or the software may require you to re-register the software. THE SOFTWARE WILL REMIND YOU TO REGISTER IT UNTIL YOU DO.
5. VALIDATION.
a. The software will from time to time start validation feature of the software. Validation verifies that the software has been registered and is properly licensed. A validation check confirming that you are properly licensed permits you to use the software.
b. During or after a validation check, the software may send information about the software, the device and the results of the validation check to Labsii. This information includes, for example, the version and product key of the software and the Internet protocol address of the licensed device. Labsii does not use the information to identify or contact you. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.
c. If, after a validation check, the software is found to be counterfeit, improperly licensed, or a non-genuine product then the functionality or experience of using the software may be affected.
d. You may only obtain updates or upgrades for the software from Labsii or authorized sources.
6. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the features included in the software edition you licensed. Labsii Ltd. reserve reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the software for others to copy;
use the software in any way that is against the law;
use components of the software to run applications not running on the software;
rent, lease or lend the software; or
use the software for commercial software hosting services.
7. UPGRADE OR CONVERSION. To upgrade or convert software, you must first be licensed for the software that is eligible for the upgrade or conversion. Upon upgrade or conversion, this agreement takes the place of the agreement for the software you upgraded or converted from. After you upgrade or convert, you may no longer use the software you upgraded or converted from.
8. TRANSFER TO A THIRD PARTY. You may transfer the software directly to a third party only with the licensed device, the Certificate of Authenticity label, and this agreement. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. You may not retain any copies.
9. SUPPORT SERVICES. Labsii ltd. provides support services for the software at www.deskandarchive.com and support@deskandarchive.com. If you are using software that is not properly licensed, you will not be entitled to receive support services.
10. ENTIRE AGREEMENT. This agreement (including the warranty below),
additional terms, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
11. APPLICABLE LAW.
The law of Republic of Serbia governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
12. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
13. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM LABSII LTD AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully
compensate you for any losses; or
the manufacturer or installer, or Labsii knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
**********************************************************************
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Labsii materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Labsiis reasonable control.
D. REMEDY FOR BREACH OF WARRANTY. LABSII WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF LABSII CANNOT REPAIR OR REPLACE IT, LABSII WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF LABSII CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO LABSII WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
F. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM LABSII. LABSII GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, LABSII EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
G. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHERRIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.