Hypersistence Optimizer License Agreement

License Agreement of Hypersistence Optimizer

This License Agreement is a legal agreement between you (hereinafter “Customer” or “you”) and Mihalcea Vlad-Alexandru (hereinafter “Supplier”).

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.

This License Agreement governs your acquisition and use of the Hypersistence Optimizer software (hereinafter “Software”) directly from the Supplier or indirectly through a Supplier authorized reseller or distributor (a “Reseller”).

Please read this License Agreement carefully before completing the installation process and using the Software.

If you register for a free trial of the Software, this License Agreement will also govern that trial.

By installing and/or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this License Agreement.

If you are entering into this License Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this License Agreement, do not install or use the Software, and you must not accept this License Agreement.

This License Agreement shall apply only to the Software supplied by Supplier herewith regardless of whether other software is referred to or described herein. The terms also apply to any Supplier updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

Licenses

Grants of Rights

Customer will pay a single, annual Subscription fee to use the Software.

Unless the Subscription has expired or this Agreement is terminated in accordance with the Termination section, and subject to the terms and conditions specified herein, Supplier grants Customer a non-exclusive, timely limited, and non-transferable license to use the Software on your devices in accordance with the terms of this License Agreement.

Unless the Subscription has expired or this Agreement is terminated in accordance with the Termination section, you can download and install this Software or new versions of the Software that are provided by the Supplier on Workstations (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Software.

You are not permitted to:

  • Edit, alter, modify, adapt, create derivative works of, translate or otherwise change the whole or any part of the Software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
  • Reproduce, copy, rent, lease, distribute, resell or transfer the Software
  • Allow any third party to use the Software on behalf of or for the benefit of any third party
  • Use the Software in any way which breaches any applicable local, national or international law
  • Use the Software for any purpose that the Supplier considers is a breach of this License Agreement

Individual License

The Individual License allows the software to be installed, accessed, and used only by the person who purchased the license.

Group License

The Group License allows the software to be installed, accessed, and used on multiple Workstations. Every Group License defines the maximum number of Workstations the Software can be installed on. You are not allowed to install the Software on more Workstations than the maximum number indicated by the Group License you had previously purchased. If you need to accommodate more Workstations, you need to purchase a new Group License which grants you the right to use the Software on additional Workstations.

Software time validity

The Release version of the Software is valid and can be used for 400 days since it was built. After this period expires, as long as you have a valid Subscription, you need to download and install a newer version of the Software.

The Trial version of the Software is valid and can be used for 30 days since it was built. After the trial version validity expires, without the written consent of the Supplier, the Customer is not entitled to install a new Trial version of the Software on the same Workstation for the same Software version number.

Intellectual Property and Ownership

The Supplier shall at all times retain ownership of the Software as originally downloaded by the Customer and all subsequent downloads of the Software by the Customer. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of the Supplier.

The Supplier reserves the right to grant licenses to use the Software to third parties.

Termination

This License Agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to the Supplier.

This License Agreement shall be valid for twelve (12) months upon delivery of the Software and shall be renewed for an additional twelve (12) months period if neither party terminates it.

This Agreement will also terminate immediately if you fail to comply with any term of this License Agreement.

Upon termination, the licenses granted by this License Agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this License Agreement.

License Agreement Changes

Supplier reserves the right to update, revise, supplement and otherwise modify this Agreement from time to time. Any such changes to this Agreement will be effective immediately for new Customers and thirty (30) days after notification (including by posting a notice on the applicable Supplier website) for current Customers.

The Customer is advised to review this Agreement periodically for changes. If you do not wish to accept any change, please uninstall and discontinue using the Software. Your continued use of the Software following the thirty (30) day notice period constitutes your acceptance of those changes.

Applicable law and place of jurisdiction

This License Agreement and any dispute arising out of or in connection with this License Agreement shall be governed exclusively by and construed in accordance with the laws of Romania (excluding the United Nations Convention on Contracts for the International Sale of Goods).

The place of jurisdiction shall be exclusively Cluj-Napoca, Romania.

Last modified: March 19, 2019

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