End-User Software License Agreement for SmartMenus DHTML Menu
PLEASE CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") FOR THE LICENSE OF SmartMenus DHTML Menu ("SOFTWARE") BY Vadikom Web Ltd. ("VADIKOM"). BY USING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SOFTWARE.
VADIKOM grants to you a non-exclusive, non-transferable License to use the Software for personal or business purposes provided you do not remove any of the original proprietary, trademark or copyright markings or notices placed upon or contained with the Software. VADIKOM warrants that it owns all intellectual property rights related to the Software and will defend and keep you harmless if any third party intellectual property claims arise.
This Agreement is effective for an unlimited duration. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must destroy all copies of the Software.
The Software is protected by Bulgarian copyright laws and international treaty provisions. All intellectual property rights related to the Software are the property of VADIKOM. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software.
You may not rent, lease, loan, sublicense, resell or otherwise transfer rights to the Software. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by VADIKOM.
There is no License fee for the Software if it is being used on a non-profit basis by individuals or non-profit organizations. License fees are applicable if the product is being used in a commercial application, web site or intranet.
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VADIKOM DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. VADIKOM MAKES NO WARRANTY THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL VADIKOM OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, WORK STOPPAGE OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL VADIKOM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE VADIKOM CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF VADIKOM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Further Limitation of Liability.
THE SOFTWARE IS NOT DESIGNED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE. VADIKOM EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES. YOU AGREE THAT VADIKOM WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE IN SUCH APPLICATIONS.
This Agreement is governed by the law of Bulgaria and the parties agree that the sole location and venue for any litigation which may arise hereunder shall be Plovdiv, Bulgaria. This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of VADIKOM. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by VADIKOM or a duly authorized representative of VADIKOM. If any provision of this Agreement is held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.