IMPORTANT, READ CAREFULLY. THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND Aiko Solutions and applies to the software with which this Agreement is provided, and includes any accompanying printed materials and any online or electronic documentation (“Software”). This Agreement will also apply to any Software error corrections, updates and upgrades subsequently furnished by Aiko Solutions, unless such are accompanied by different license terms and conditions which will govern their use. BY CLICKING “YES” IN THE ACCEPTANCE BOX, OR BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THIS SOFTWARE. DO NOT INSTALL THE SOFTWARE IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT. This Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
1. Definitions. In this Agreement the following definitions are being used, singular as well as plural.
1.1 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.
1.2 PDA: personal digital assistant, a handheld device that combines computing, telephone/fax, Internet and networking features. A typical PDA can function as a cellular phone, fax sender, Web browser and personal organizer. It generally includes at least a name and address database, to-do list and note taker. PDAs may be combined with cellphones and other wireless technologies, providing a mobile office for people on the go. PDAs are pen based and use a stylus to tap selections on menus and to enter printed characters. The unit may also include a small on-screen keyboard which is tapped with the pen. Data are synchronized between the PDA and desktop computer via cable or wireless transmission.
1.3 Smartphone: a category of mobile device that provides advanced capabilities beyond a typical mobile phone. Smartphones run complete operating system software that provides a standardized interface and platform for application developers. By the strict definition, smartphones are distinct from PDA-based devices running operating systems such as Palm OS or Windows Mobile for Pocket PCs. While PDA-based devices usually have a touch-screen for pen input, smartphones usually have a standard phone keypad for input. The major smartphone environments are Symbian, Blackberry, Palm and Windows Mobile. Microsoft branded the term “Smartphone” (capital S) within its Windows Mobile platform.
1.4 Software: the software distributed by Aiko Solutions for data protection and Documentation, as well as any future programming fixes, updates and upgrades thereof.
1.5 You: you, the end user of the Software, also used in the form “Your” where applicable.
2. Grant of License. This Agreement allows you to install and use one copy of the Software on a single PDA OR smartphone at a time. This Agreement does not allow the Software to exist on more than one PDA OR smartphone at a time, and you may not make the Software available over a network where it could be used by multiple devices at the same time. Except as and only to the extent expressly permitted in this Agreement or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Aiko Solutions Software or any part thereof. You may not rent, lease, lend or sublicense the Software.
2.1 Documentation. Aiko Solutions grants you a non-exclusive license to use the Documentation in connection with your use of the Software. You may not distribute the Documentation without providing references to Aiko Solutions company and Aiko Solutions website.
2.2 License Codes and Updates. If a Software update completely replaces (full install) a previously licensed version of the Software, you may not use both versions of the Software at the same time nor may you transfer them separately. You may not, not even in parts, circulate the license keys transmitted to you to any third party. You shall keep secret all license keys communicated to you by Aiko Solutions or Aiko Solutions authorised distributors. You are fully liable for damages resulting from unauthorized circulation. Aiko Solutions reserves the right to block license keys that have not been paid for by the user in due time or the license keys which were delivered to you after transaction which further resulted in a refund or chargeback. Aiko Solutions reserves the right to block illegally distributed license keys as well as to file the suit against the party distributing the keys without permission from Aiko Solutions.
2.3 NFR (Not for Resale) Copies. Notwithstanding other sections of this Agreement , Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
2.4 Back-Up Copies. You may make one copy of the Software solely for the back-up or archival purposes, provided that such copy must contain all proprietary notices affixed to or appearing in the original copy.
2.5 Academic/ Educational Copies. Academic and Research institutions, including K12 Schools, 2-and 4-year Colleges, and Universities as well as any other type of educational institutions worldwide are eligible for special highly discounted licensing scheme.
2.6 Ownership. All right, title and interest (including but not limited to copyright, patent, trade secret and all other intellectual property and proprietary rights worldwide) in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Aiko Solutions and its suppliers. You shall not remove, cover or alter any of Aiko Solutions’ (or its designated suppliers’) copyright, trademark or other proprietary notices placed upon, embedded in or displayed by the Software or on its packaging and related materials.
3. No Warranties. The Software is being delivered to you “AS IS” and Aiko Solutions makes no warranty as to its use or performance. AIKO SOLUTIONS AND ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. YOU ASSUME THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIKO SOLUTIONS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, TERMS, AND CONDITIONS, EITHER EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES, TERMS, AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WITH REGARD TO THE SOFTWARE, ITS SATISFACTORY QUALITY, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
4. Limitation of Liability. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AIKO SOLUTIONS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AIKO SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
5. Termination. This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from Aiko Solutions if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.
6. Export Restrictions. You may not use or otherwise export or re-export the Software except as authorized by United Kingdom law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.K. embargoed countries or (b) to anyone on the U.K. DTI Denied Personâ€™s List or Entity List.
By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. You are solely responsible for complying with all applicable export and import regulations and obtaining all necessary export and import licenses or permits for the Software. You agree to defend, indemnify and hold Aiko Solutions harmless against any liability (including attorneys’ fees) arising out of your failure to comply with the terms of this paragraph.
7. Privacy and No Spyware Policy. The Software does not contain spyware or adware of any kind. It does not install any tracking software on your system, or collect personal information about you and your browsing habits. The Software does not “spy” on other programs you run or web sites you visit. The Software does not come bundled with any third party software. If you choose to provide us with personal information by sending an e-mail to our sales or support team, we use that information to respond to your message only. We do not collect personal information for any other purposes. The information you provide is not given to any third parties. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO AIKO SOLUTIONS THE RIGHTS SET FORTH HEREIN.