TopoR 4.3

EULA - End User License Agreement

Licence Agreement

SOFTWARE LICENSE AGREEMENT

This is a legal agreement between you (either an individual, or a legal entity such as a corporation) and Eremex. You agree to the terms of this agreement by the act of opening the sealed package which contains the storage media on which the software is recorded, or downloading or installing the software from the Internet or otherwise acquiring it via other electronic means. Do not open the sealed package or use or install the software without first reading, understanding and agreeing the terms and conditions of this agreement. If you do not agree to the terms of this agreement, you should promptly return the unopened software package and the accompanying items (including written materials) to the place you obtained them for a full refund.

1. GRANT OF LICENSE

(a)Single Computer Use

This License Agreement permits you to use one copy of the Eremex software program(s) ("SOFTWARE") on a single computer. Once you have run that portion of the SOFTWARE called the "setup" or "install" program on your computer, you may use the SOFTWARE on a different computer only if you first delete the files installed by the setup program from the first computer (if any).

(b) Computer Network Use

If you wish to use the SOFTWARE over a computer network, you may do so as follows: you may install the program on any or all computers on your network, and you may make the SOFTWARE over your network by installing the entire SOFTWARE on the hard disk of your network server, provided that you have a reasonable mechanism or process in place to restrict the number of concurrent users of the SOFTWARE( i.e., the total number of users accessing the SOFTWARE over the network at any one time) to the number of licenses you have purchased for the SOFTWARE Note that if you have multiple copies of the SOFTWARE and you are counting such copies as licenses for your use of the SOFTWARE over a computer network, you must archive and not make any other use of them for as long as you are counting them as network copies.

2. COPYRIGHT

As the LICENSEE, you are provided with a hyperlink to an ftp website from which the LICENSED SOFTWARE can be downloaded to your computer, but an express condition of this License is that Eremex retains title and ownership of the LICENSED SOFTWARE provided on the original hyperlink and all subsequent copies of the SOFTWARE, regardless of the form or media in or on which the original and other copies may exist. This License is not a sale of the original SOFTWARE or any copy.

3. OTHER RESTRICTIONS

You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis to another end user provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE. Any transfer for the SOFTWARE must include the most recent upgrade and all prior versions. If the SOFTWARE is an upgrade from a previous version, you are granted a single license to both copies, and you may not separately transfer the prior version(s) except as a one-time permanent transfer to another user of the latest upgrade and all prior versions.

LIMITED WARRANTY

THE PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In particular, with respect to any application, use or purpose Eremex does not warrant that the functions contained in the Products will meet Distributor`s requirements or that the operation of the Products will be uninterrupted or error free.

Eremex`s entire liability and Distributor`s exclusive remedy shall be the replacement of USB keys as applicable, not meeting Eremex`s “Limited Warranty” which is returned to Eremex with a copy of your receipt within the warranty period.

Notwithstanding any other provision in this Agreement to the contrary, Eremex warrants the USB keys required for the Products activation to be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to Distributor as evidenced by Distributor`s receipt.

CUSTOMER REMEDIES

Eremex`s entire liability and your exclusive remedy shall be the replacement of any USB key not meeting Eremex`s “Limited Warranty” which is returned to Eremex with a copy of your receipt within the warranty period. The remedy for breach of this warranty shall be limited to replacement and shall not encompass any other damages including but not limited to loss of profit, special, incidental, consequential, or other similar claims arising out of the use or inability to use such program even if Eremex has been advised of the possibility of such damages, or for any claim by any other third party.

NO OTHER WARRANTIES

To the maximum extent permitted by applicable law, Eremex disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchant-ability and fitness for a particular purpose, with regard to the SOFTWARE and the accompanying written materials. This limited warranty gives you specific legal rights. You may have others, which vary from jurisdiction to jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES

To the maximum extent permitted by applicable law, in no event shall Eremex be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of inability to use this product, even if Eremex has been advised of the possibility of such damages. In any case, Eremex entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE.