END USER LICENSE AGREEMENT (EULA)
This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Pyramid Software for the Ra Workshop software that accompanies this EULA, which includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services (“Software”). An amendment or addendum to this EULA may accompany the software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
- GRANT OF LICENCE. Pyramid Software grants you the following rights provided that you comply with the conditions of this EULA:
- Evaluation. If the Product obtained is marked with “Demo”, “Trial”, “Evaluation” you can install only one copy with the only purpose of testing it for a period of 30 days, starting with the installation date (known from now on as “Period of Evaluation”). After the expiration date of the Period of Evaluation, the Product must be uninstalled and all the copies must be erased.
- Installation and use. You may install, use, access, display and run a copy of the Product on an unlimited number of computers (stations). Since the application is protected with a hardware key, you can only use the program by matching the hardware key with the application, on a single computer.
- Mandatory Activation. The right of license accorded by EULA, is available only after the activation of the Product. You can activate the Software through the use of the Internet or telephone; toll charges may apply. You may also need to reactivate the Software if you modify your computer hardware or alter the Software. There are technological measures in this Software that are designed to prevent unlicensed use of the Software. You agree that we can use these measures.
- Storage/Network Use. You may also store or install a copy of the Software on a storage device, such as a network server or a CD, used only to install or run the Software on your other Workstation Computers over an internal network; however, you must acquire and dedicate an additional license for each separate Workstation Computer on or from which the Software is installed, used, accessed, displayed or run. Except as otherwise permitted by Pyramid Software, a license for the Software may not be shared or used concurrently on different Workstation Computers
- Reservation of rights. Pyramid Software reserves all rights not expressly granted to you in this EULA.
- RESERVATION OF RIGHTS AND OWNERSHIP. The Product is protected by copyright and other intellectual property laws and treaties. Pyramid Software or its suppliers own the title, copyright, and other intellectual property rights in the Software. THE PRODUCT IS LICENSED, NOT SOLD.
- SOFTWARE/ADDITIONAL SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Pyramid Software may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Pyramid Software reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
- UPGRADE. To use Product identified as an upgrade you must first be licensed for the software identified by Pyramid Software as eligible for upgrade. After upgrading you may no longer use the software that formed the base for your upgrade eligibility.
- TRANSFER. You can move the Product from one station to another. The operation of transfer requires also the moving of the hardware key. The Product could be transferred to a third party. The transfer will contain all the components, printed materials, CDs, hardware key and this document (EULA). Before the transfer the user that will receive the Product must agree with all the terms included in this EULA.\
- RENTING. No renting. You are not allowed to rent, borrow, sell or give commercial services, based on your Product to third parties.
- LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You do not have the right to reverse engineer, decompile, or disassemble the Product. You do not have the right to tamper with the hardware device for protection, including through electronic, hardware or software means.
- TERMINATION. Without any prejudice to any other rights, Pyramid Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Product and to return all the materials received (CDs, hardware keys, printed materials etc). The annulment of the EULA will also led to the termination of the contract, from which this EULA is a part of.
- CONSENT TO USE OF DATA. You agree that Pyramid Software and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Product. Pyramid Software may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
- CONNECTION WITH THIRD PARTIES. Through the Product you can access the sites of third parties. These sites are not under the control of Pyramid Software and Pyramid Software is not hold responsible for the content of the third parties sites and links that they may have on their sites. Pyramid Software is not responsible for the web transmissions or for any other type of transmission received from a third party site. Pyramid Software includes these links, as an information note and it can not be hold responsible concerning the content or the functionality of those sites.
- EXPORT RESTRICTIONS. Product, as the object of the contract, is Romanian and therefore subjected to the current legislation regarding export from Romania and the European Union.
- EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PYRAMID SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF PYRAMID SOFTWARE OR ANY SUPPLIER, AND EVEN IF PYRAMID SOFTWARE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.