END-USER LICENSE AGREEMENT (EULA)
English Language Worldwide
Last updated: 31 May 2021
PLEASE READ CAREFULLY THIS END USER LICENSE AGREEMENT (“EULA”) BEFORE ORDERING, DOWNLOADING, INSTALLING OR USING ANY SOFTWARE PRODUCTS OF SGO (HEREINAFTER COLLECTIVELY REFERRED TO AS “SOFTWARE”).
IMPORTANT NOTICE TO ALL USERS: BY DOWNLOADING, INSTALLING AND/OR USING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
IMPORTANT NOTICE TO CONSUMERS WHO PURCHASE SOFTWARE DIRECT FROM SGO: YOU HAVE THE RIGHT TO WITHDRAW FROM YOUR TRANSACTION WITH SGO WITHOUT CHARGE AND WITHOUT REASON AT ANY TIME BEFORE DOWNLOADING OUR PRODUCT(S). HOWEVER, YOU WILL LOSE THIS RIGHT ONCE YOU BEGIN TO DOWNLOAD OUR PRODUCT(S). THIS DOES NOT AFFECT YOUR CONSUMER RIGHTS IN RELATION TO DEFECTIVE PRODUCTS OR SERVICES.
IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON, COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY OR LEGAL ENTITY TO THESE TERMS.
This EULA is, in cases where you purchase our product(s) direct from SGO, incorporated into the agreement between Soluciones Gráficas por Ordenador SL (“SGO”), a company registered in Spain, and you, as either an individual or a single company or other legal entity (hereinafter, “you” or “Licensee”) on the terms of which you will purchase the products and services SGO. In cases where you purchase our product(s) from one of our resellers, the use of the term “Agreement” in this EULA refers to the arrangements between SGO and Licensee on which Licensee is permitted to use SGO’s product(s), including this EULA.
SGO IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS EULA AND ANY SUPPLEMENTARY OR UNIQUE LICENSE TERMS INCLUDED HEREWITH (hereinafter collectively referred to as “AGREEMENT”).
BY EXECUTING THE INSTALL OR SETUP OF THIS SOFTWARE ON ANY TARGET COMPUTER OR COMPUTERIZED APPLIANCE, OR ALLOWING IT TO BE SETUP, YOU ACCEPT THE TERMS OF THIS LICENSE AGREEMENT BETWEEN THE REGISTERED SOFTWARE LICENSEE, THE LICENSED USER(S) (“USER(S)”), AND SGO, THE DEVELOPER AND OWNER OF COPYRIGHT AND ALL OTHER APPLICABLE EXCLUSIVE RIGHTS UNDER THE PRODUCTS OF SGO.
YOUR USE OF THE SOFTWARE ALSO INDICATES YOUR ASSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
COPYING OR USE OF THIS SOFTWARE OR ITS DOCUMENTATION EXCEPT AS PERMITTED BY THIS AGREEMENT IS UNAUTHORIZED AND IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COPY OR USE THIS SOFTWARE OR ITS DOCUMENTATION WITHOUT PERMISSION OF SGO, YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO SGO FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES.
IF THIS COPY OF THE SOFTWARE IS DESIGNATED AS EVALUATION COPY, THE FOLLOWING TWO PARAGRAPHS ALSO APPLY TO YOU:
THIS SOFTWARE IS MADE AVAILABLE FOR A EVALUATION PERIOD ONLY. TO EXTEND YOUR USE OF THE SOFTWARE, YOU MUST CONTACT SGO OR AN SGO AUTHORIZED RESELLER TO REMIT THE PURCHASE PRICE AND RECEIVE YOUR AUTHORIZATION CODE OR NEW PAID IN-FULL COPY ENTITLING YOU TO THE COMMERCIAL LICENSE RIGHTS GRANTED BELOW.
DURING THE EVALUATION PERIOD, YOU MAY USE ONE COPY OF THE SOFTWARE ONLY TO EVALUATE IT. USE DURING THE EVALUATION PERIOD FOR ANY OTHER PURPOSE, INCLUDING COMPETITIVE ANALYSIS, IS STRICTLY PROHIBITED. UPON YOUR PURCHASE OF A LICENSE FOR THIS SOFTWARE, USE OF THE SOFTWARE SHALL NO LONGER BE SUBJECT TO THE FOREGOING RESTRICTION.
IF THIS COPY OF THE SOFTWARE IS DESIGNATED AS A FIXED -TERM LICENSE, A LIMITED DURATION LICENSE OR A RENTAL LICENSE, THE FOLLOWING PARAGRAPH ALSO APPLIES TO YOU:
THIS SOFTWARE IS MADE AVAILABLE FOR THE FIXED -TERM FOR WHICH YOU HAVE PAID AND WILL CEASE TO OPERATE ON THE EXPIRATION OF THAT FIXED-TERM. USE OF THIS SOFTWARE AFTER THE EXPIRATION OF THE FIXED-TERM, OR ANY ATTEMPT TO DEFEAT THE DISABLING FUNCTION, WILL BE IN VIOLATION OF THIS AGREEMENT AND MAY CONSTITUTE COPYRIGHT INFRINGEMENT.
SGO grants you a non-exclusive and non-transferable license to use the Software and its manual and other accompanying material (“Documentation”), according to the terms and conditions of this Agreement. This Agreement permits a single user to download, install and use the Software on only one computer within a single location at a single time.
For each Software product that you purchase from SGO, the product will be licensed (and not sold) to you on the terms of one or more of the license models set out in this clause as specified in SGO´s invoice or order confirmation (as applicable), and subject to the other terms and conditions of this EULA. Please note that some licensing models set out below do not apply to certain Software products of SGO. Whichever licensing model applies, Licensee shall not use more copies of the Software than the total number of valid licenses purchased by Licensee at a single time.
Network Version: If this Software is a Network Version, you may use it only over an internal local area network environment with the SGO License Manager tool, and you may download, install and operate the Software on a single server computer in a single location which may be accessed by other computers, or on an individual computer, as a multiple-user installation with either:
- the maximum number of concurrent users being one (1), so that multiple individuals may access or use the Software, but only one person may access or use it at a single time, or
- the maximum number of concurrent users being more than one (1), in which case you must purchase single seat licenses for each additional concurrent user.
Use of software or any device that reduces the number of computers/devices that access the Software when used in a Server configuration may affect the performance of the Software and does not reduce the number of single seat licenses required.
Educational Version: If this Software is an Educational Version, you may use it only and exclusively for the purpose of training and instruction. For the avoidance of doubt, Educational Versions of the Software shall not be used for commercial, professional nor for profit purposes.
Evaluation Version: If this Software is identified as a demonstration, evaluation, or NFR version, you may use it only and exclusively for the purpose of commercial evaluation and demonstration. For the avoidance of doubt, you are not allowed to use it for commercial, professional nor for profit purposes.
Backup Copy: Regardless of which version of the Software you have acquired, you may make one archival (backup) copy of the Software. Such archival copy shall not be installed on another computer, unless such computer is a partitioned drive of a server to which only the authorized user has access. In any event, the archival copy shall not be used or installed as long as another copy of the Software is installed on any computer.
If the Documentation is in printed form, you shall not obtain copies of it. If the Documentation is in electronic form, it shall not be duplicated electronically, however, you may print out one (1) copy, which shall not be copied.
Additional Installation: Except with Educational and Evaluation Versions, you may make a second copy of the Software on the hard disk of a second computer owned by you or under your contract provided that (1) the original and second copies are used only by the same person; (2) the second copy is installed and used only on a notebook computer, home computer, or other non-server computer away from your usual work location for the purpose of enabling you to perform work while away from your usual work location; (3) only one of the Software copies is in use at any one time; (4) the second copy of the Software is used exclusively with the copy protection device (if any) supplied with the Software, and (5) the Software is not licensed and/or labeled as an Educational Version or Student Version.
Upgrades: If this Software is labeled as an upgrade (“New Version”) to software previously licensed to you (“Previous Version”), you must destroy all copies of the Previous Version, including any copies resident on your hard disk drive, and return the hardware lock, if any, which accompanied the software previously licensed to you (unless SGO explicitly notifies you that the hardware lock is to be used with the upgrade), within sixty (60) days of acquiring the New Version. SGO reserves the right to require you to show satisfactory proof that the Previous Version has been destroyed. If the hardware lock is not returned within the stipulated period, SGO reserves the right, without limitation, to charge you, and you shall pay the difference in price between the New Version price and the suggested retail price of the Software. Software patches, if any, provided to you by SGO or an authorized third-party in connection with the Software licensed to you hereunder shall be subject to the terms and conditions of this Agreement unless otherwise specified at the time of delivery.
Notwithstanding the foregoing, you may retain and need not destroy the Previous Version and may use the Previous Version solely, if necessary, for the purposes of (1) installing the New Version hereby licensed and (2) for archival (backup) purposes in order to reinstall the New Version hereby licensed if the initial installation fails. Under no circumstances may you operate the Previous Version.
Activation Code: If this Software requires an activation code, you must register your purchase of this Software with SGO before an activation code shall be issued to you, and SGO shall maintain your registration details.
License Term: Subject to the terms and conditions of this Agreement, the license to use the Software is perpetual, unless the Software is designated as a fixed-term license, a limited duration license or a rental license, and in such case the term of the license shall be the term for which you have paid.
Grant of License: SGO grants you a nonexclusive, non-transferable and restricted license to use this Software and its manual and Documentation, for a determined period and according to the terms and conditions of this Agreement. This Agreement permits a single user to download, install and use this Software on only one computer within a single location at a single time. The use of this Software beyond the time frame defined for the Software, or any attempt to defeat the time-control disabling function in the Software, is an unauthorized use and shall constitute a violation of this Agreement and copyright laws.
This Software is an educational version of the Software and it may be used only by anyone who wants to learn, get to know and familiarize himself or herself with the Software and acquires the license. The Software shall only be used for study and instruction and not for commercial, professional nor profit purposes. Educational version of the Software shall not be used or purchased by an educational institution.
Backup Copy: You may make only one archival (backup) copy of the Software. Such archival copy shall not be installed on another computer, unless such computer is a partitioned drive of a server to which only the authorized user has access. In any event, the archival copy shall not be used or installed as long as another copy of the Software is installed on any computer. If the Documentation is in printed form, it shall not be copied. If the Documentation is in electronic form, you may print out one (1) copy, which shall not be copied.
Upgrades: This software cannot be upgraded but will still receive maintenance updates that are made available while the license is valid and active. Projects created in an Educational version cannot be opened in any other Edition of SGO software products.
Activation Code: If this Software requires an activation code, you must register your purchase of this Software product with SGO before an activation code shall be issued to you, and SGO shall maintain your registration details.
NOTE: ALL REMAINING PROVISIONS OF THIS AGREEMENT APPLY TO ALL VERSIONS OF THIS SOFTWARE, REGARDLESS OF THE TYPE OF LICENSE.
You are not allowed to:
- Permit third parties or develop methods for third parties to use the Software
- Use the Software or Documentation except as permitted by this Agreement.
- Make copies, execute, publish, or reproduce Software or Documentation, unless expressly authorized in this Agreement (and all copies must maintain SGO’s copyright notices).
- Develop any derivative works or any type of software program based on the Software, Documentation, or any other Confidential Information of SGO.
- Disclose to any third party any benchmarking or comparative study involving the Software or Documentation.
- Reverse engineer, decompile, or disassemble the Software except to the extent permitted by law where this is indispensable to obtain the information necessary to achieve interoperability of an independently created program with the Software or with another program and such information is not readily available from SGO or elsewhere. You are not allowed to decompile the Software if such information is available by licensing any SGO Software Developer’s Kit.
- Distribute, rent, loan, lease, sell, license, sublicense, share, publicly communicate, record, transfer or exploit in any other manner all or part of the Software, Documentation or any rights granted hereunder to any other person without the prior written consent of SGO.
- Download, install or use the Software on the Internet or over a wide area network, including, without limitation, use in connection with a Web hosting or similar service.
- Remove, alter, or obscure any proprietary notices, labels, or marks from the Software or Documentation.
- Modify, translate, adapt, arrange, or create derivative works based on the Software or Documentation for any purpose.
- Utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection used by SGO in connection with the Software, or use the Software together with any hardware lock, activation code, serial number, or other copy protection device not supplied by SGO directly or through an Authorized SGO Reseller.
- Delete, remove, hide, move, or alter any trademark, logo, icon, image, or text that represents the SGO’s name, any derivation thereof, or any icon, image, or text that is likely to be confused with the same. All representations of the SGO’s name, logo or other mark of SGO must remain as originally distributed regardless of the presence or absence of a trademark, copyright, or other intellectual property symbol or notice.
- Export the Software or Documentation in violation of U.S., E.U. or other applicable export control laws.
- Use the Software or Documentation outside of the country of purchase, unless the Software and Documentation were purchased in the European Union (“E.U.”), in which case use throughout the E.U. is permitted.
Title and copyrights to the Software, Documentation and accompanying materials, any copies made by you, updates and all patents, copyrights, trade secrets and other worldwide proprietary and intellectual property rights in or related thereto are and will remain the exclusive property of SGO and its licensors.
Customer may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings in or on the Software, hardware or Documentation and will not acquire any rights in the Software, except the limited license specified in this Agreement.
SGO and its licensors own all rights in any copy, translation, modification, adaptation or derivative works of the Software, including any improvement or development thereof.
SGO retains all rights not expressly granted to Customer in this Agreement.
Customer shall promptly notify SGO in writing upon discovery of any unauthorized use of the Software or Documentation or infringement of SGO’s proprietary rights in the Software or Documentation.
The structure, organization, and code of the Software are valuable trade secrets of SGO and its licensors.
Unauthorized copying of the Software or Documentation, or failure to comply with the above restrictions, will result in automatic termination of this Agreement.
This Agreement does not grant you any intellectual property rights.
GENERAL LIMITED WARRANTY
SGO warrants that the Software will provide the facilities and functions generally described in the Documentation and that the media on which the Software is furnished, if any, the Documentation accompanying the Software, and any hardware lock or other copy protection device accompanying the Software will be free from defects in materials and workmanship under normal use. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, SGO MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU, AND SGO SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SGO DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. The above exclusions may not apply to you as some jurisdictions do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights, which vary from jurisdiction to jurisdiction.
SGO’s entire liability and your exclusive remedy under the warranties made in this Agreement will be, at SGO’s option, to attempt to correct or work around errors, to replace the defective media, if any; Documentation or copy protection devices; or to refund the purchase price and terminate this license. This remedy is subject to the return of the defective media, documentation, or copy protection device with a copy of your receipt to your local SGO office or the Authorized SGO Reseller from whom it was obtained within ninety (90) days from the date of its delivery to you. Following expiration of this ninety (90)-day period, SGO will replace any defective or damaged copy protection device in return for payment of an amount that covers the cost of a replacement device plus a fee for handling and shipment.
MODIFICATIONS TO THE SOFTWARE
SGO reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to you.
You acknowledge and agree that the Software incorporates confidential and proprietary information (“Confidential Information”) developed or acquired by SGO including, but not limited to, technical and non-technical data, formulas, patterns, compilations, devices, methods, techniques, drawings and processes related to the Software, which constitutes the valuable intellectual property of SGO and its suppliers.
Each party will comply with all laws and regulations that apply to use, transmission, storage, disclosure, or destruction of Confidential Information. Both Parties agree to hold the other party’s Confidential Information in the strictest confidence. Confidential Information shall not be disclosed by either party to anyone except an employee, or agent who has a need to know same, or who is bound by a non-disclosure and confidentiality provision at least as restrictive as those set forth in this Agreement. Each party agrees to ensure that its employees, agents, representatives, and contractors are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Agreement.
SGO may use any technical information that Customer provides to SGO for any of its reasonable business purposes, including product support and development.
Customer acknowledges that the Software may include a monitoring capability that sends anonymous statistics about performance, device utilization and network size remotely to SGO.
Except as explicitly stated in this Agreement, the party receiving the Confidential Information is granted no license or conveyance of disclosing party’s Confidential Information or any intellectual property rights therein. Title to the disclosing party’s Confidential Information shall remain solely with the party disclosing the Confidential Information.
It is further understood and agreed that money damages may not be a sufficient remedy for any breach of the confidentiality provisions of this Agreement and that either party may be entitled to equitable relief, including injunction and specific performance, as a remedy for any such breach. Such remedies may not be deemed exclusive remedies for a breach of these provisions but may be deemed in addition to all other remedies available at law or in equity.
INFORMATION AND AUDITS
Unless Licensee is a consumer, Licensee shall advise SGO upon request of all locations where the Software or Documentation is used or stored. Licensee shall permit SGO or its authorized agents to audit all such locations during normal business hours and on reasonable advance notice.
The audit shall be conducted at SGO’s expense; provided, however, that if the audit reveals that you have failed to comply with any material term of this Agreement, you shall pay all reasonable costs and expenses incurred by SGO in conducting the audit, and any applicable unpaid fees.
SGO advises users that SGO abide by current legislation on matters of personal data protection, users’ privacy and the secrecy and security of personal data, as provided in the EU General Data Protection Regulation No. 679 of 27 April 2016 and the Organic Law 3/2018, of December 5, on Data Protection and Guarantee of Digital Rights.
SGO has taken the necessary technical and organizational measures to avoid the loss, misuse, alteration, unauthorized access or theft of the personal data provided, taking into account the state of the technology used, the nature of the data and the risks to which it is exposed.
Specifically, SGO informs users that personal data can only be obtained for processing if they are appropriate, pertinent, and not excessive for the determined area and ends, explicit and legitimate, for which they were obtained. They will be erased when they are no longer necessary or pertinent for these ends, or when their owner requests the erasure of the personal data.
The Software may include mechanisms to collect limited information from Licensee’s computer(s) and transmit it to SGO. Such information may include details of Licensee’s hardware, details of the operating system(s) in use on such hardware and the profile and extent of Licensee’s use of the different elements of the Software. SGO may use the Information to (a) model the profiles of usage, hardware and operating systems in use collectively across its customer base in order to focus development and support, (b) to provide targeted support to individual customers, (c) to ensure that the usage of the Software by Licensee is in accordance with the Agreement and does not exceed any user number or other limits on its use, and (d) to advise Licensee about service issues such as available upgrades and maintenance expiry dates. To the extent that any Information is confidential to Licensee it shall be treated as such by SGO when so notified or identified by Licensee when the Information is first provided to SGO (whether verbally or in written form).
COMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE TOOLS INTENDED TO BE USED BY TRAINED PROFESSIONALS ONLY. THEY ARE NOT SUBSTITUTES FOR YOUR PROFESSIONAL JUDGMENT. COMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE INTENDED TO ASSIST WITH PRODUCT DESIGN AND ARE NOT SUBSTITUTES FOR INDEPENDENT TESTING OF PRODUCT STRESS, SAFETY AND UTILITY. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR THE SOFTWARE, THE SOFTWARE HAS NOT BEEN TESTED IN ALL SITUATIONS UNDER WHICH IT MAY BE USED. SGO SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE SOFTWARE ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF THE SOFTWARE. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE AND THE SELECTION OF THE SOFTWARE AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS. PERSONS USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY PROGRAM OUTPUT, INCLUDING ALL ITEMS DESIGNED BY USING THE SOFTWARE.
Patent laws vary wildly between jurisdictions, and in many countries, patents on algorithms are not recognized. Additionally, the use of patents to prevent the usage of a format or codec on a specific operating system or together with specific other software might violate antitrust laws. So, whether you are safe or not, depends on where you live and how judges interpret the law in your jurisdiction.
LIMITATION OF LIABILITY
IN NO EVENT WILL SGO BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF SGO OR ANY SGO RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK.
SGO SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF THE SOFTWARE OR OF ANY COPY PROTECTION DEVICE WITH WHICH THE SOFTWARE IS SUPPLIED. SPECIFICALLY, SGO SHALL NOT BE OBLIGATED TO REPLACE ANY LOST OR STOLEN SOFTWARE OR COPY PROTECTION DEVICE. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING THE SOFTWARE AND ANY COPY PROTECTION DEVICE FROM LOSS OR THEFT AND PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHERWISE.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
RESTRICTED RIGHTS FOR U.S. GOVERNMENT CUSTOMERS
The Software and Documentation is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government or any agency, department, or instrumentality thereof is subject to the restrictions set forth in the Commercial Computer Software — Restricted Rights clause at FAR 52.227-19 or the Commercial Computer Software — Licensing clause at NASA FAR Supplement 1852.227 -86. Manufacturer is Soluciones Gráficas por Ordenador, SL, Eraso 23, 28028 Madrid, Spain.
- This Agreement and the license granted hereby shall terminate without further notice or action by SGO if you, the licensee, become bankrupt, make an arrangement with your creditors or go into liquidation.
- Neither party may assign this Agreement or any right or obligation hereunder without the other party’s prior written consent. However, SGO may assign this Agreement in the event of a merger or consolidation or the purchase of all or substantially all of its assets. This Agreement will be binding upon and inure to the benefit of the permitted successors and assigns of each party.
- You agree to pay all taxes (including but not limited to sales, use, excise, and value-added taxes), tariffs, duties, customs fees or similar charges imposed or levied on the Software Customer licenses, with the exception of taxes on SGO’s net income.
- No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of those rights.
- Each party will be and act as an independent contractor and not as an agent or partner of, or joint venturer with the other party, and neither party will have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
- This Agreement shall not be governed by the UN Convention on Contracts for the Sale of Goods. This Agreement shall be governed by the Spanish laws. This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the Software and Documentation.
- If any provision of this Agreement is found to be invalid or otherwise unenforceable, the further conditions of this Agreement will remain fully effective and the parties will be bound by obligations which approximate, as closely as possible, the effect of the provision found invalid or unenforceable, without being themselves invalid or unenforceable.
- A geographical limitation of use may be applied in countries where LGPL Libraries are claimed to be restricted either by patents or copyrighted interfaces. Please check that the country in which you are about to use the software complies with the exemption of such limitations. If needed, please contact your local supplier in order to obtain the applicable license.
LICENSEE EXPRESSLY ACKNOWLEDGES TO HAVE READ THIS AGREEMENT AND UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET IN THIS EULA.
BY INSTALLING THE SOFTWARE, LICENSEE EXPRESSLY AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET HEREIN.
Soluciones Gráficas por Ordenador SL
Eraso 23 28028 Madrid Spain
All documents prepared or furnished by SGO and the copyright therein shall remain the property of SGO.