Software License Agreement
BY COPYING, INSTALLING OR USING ALL OR ANY PORTION OF LARK COMPUTERS SRL'S SOFTWARE PRODUCTS (THE "PRODUCT"), YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT AS THE "LICENSEE". THIS AGREEMENT IS THEN EFFECTIVE WHILE YOU USE AND CONTINUE TO MAKE USE OF THESE SOFTWARE PRODUCTS. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR CLIENTS OR EMPLOYERS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
YOU ARE NOT ALLOWED TO USE THE LARK COMPUTERS' APPLICATION IN TERRITORIES WHERE OFFERING OR USING SUCH SERVICES IS FORBIDDEN BY LAW. BY AGREEING TO THIS SOFTWARE LICENSE AGREEMENT, YOU WILL EXPLICITYLY STATE THAT YOU HAVE VERIFIED IN YOUR OWN TERRITORY IF THE OFFERING AND USE OF SUCH APPLICATION IS ALLOWED.
BY ACCEPTING THIS AGREEMENT YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE LARK COMPUTERS' APPLICATION AND THE SERVICES DO NOT GUARANTEE SECURITY AND QUALITY OF SERVICE WHILE CONNECTING TO DIFFERENT WIRED OR WIRELESS NETWORKS.
THE SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED COPYING. THE ACTIVATION TECHNOLOGY MAY PREVENT YOUR USE OF THE SOFTWARE IF YOU DO NOT FOLLOW THE ACTIVATION PROCESS DESCRIBED IN THE SOFTWARE AND DOCUMENTATION. VISIT http://www.lark.ro/ FOR INFORMATION ABOUT PRODUCT ACTIVATION.
You may have another written agreement directly with LARK computers (e.g., a volume license agreement) that supplements or supersedes all or portions of this agreement.
LARK computers own all intellectual property in the Software. The Software is licensed, not sold. LARK computers permits you to copy, download, install, use, or otherwise benefit from the functionality or intellectual property of the Software only in accordance with the terms of this agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or "Read Me" file located near such materials.
"LARK computers" means LARK computers SRL, a Romanian company, located in Deva, Hunedoara county and organized under the laws of Romania.
"Computer" means a computer device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
"Mobile device" means a portable electronic device which can execute software programms, including but not limited to mobile phones, smartphones, PDAs, GPS devices.
"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by LARK computers.
"Software" means (a) all of the information with which this agreement is provided, including but not limited to (i) LARK computers or third party software files and other information; (ii) sample and stock photographs, images, sounds, clip art and other artistic works; (iii) related explanatory written materials and files ("Documentation"); and (b) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by LARK computers at any time, to the extent not provided under a separate agreement.
2. Fees. Upon payment of the applicable license fee (if any), the license grant described below will become effective. Licensee is responsible for any and all taxes.
3. License. As long as you obtained the Software from LARK computers or one of its authorized licensees and as long as you comply with the terms of this agreement, LARK computers grants Licensee a limited, non-exclusive and non-transferable license to reproduce and use the executable code version of the Product, provided any copy must contain all of the original proprietary notices. Nothing in this license will entitle Licensee to receive from LARK computers hard-copy documentation, technical support, telephone assistance, or updates to the Product.
3.1 General Use. You may install and use one copy of the Software on up to the Permitted Number of your compatible Computers or Mobile Devices.
4. Restrictions. Licensee may not: (i) modify, revise or create any derivative works of the Product or documentation; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Product; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Product; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Product, including, but not limited to, any trademark, logo, copyright.
5. Proprietary Rights. Title, ownership rights, and intellectual property rights in the Product and any authorized copies that you make are owned by LARK computers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of LARK computers. The Software is protected by law, including but not limited to the copyright laws of Romania and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by LARK computers.
6. Disclaimer of Warranty. THIS PRODUCT IS PROVIDED 'AS IS' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE, LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LARK COMPUTERS, ITS AFFILIATES OR THE PROVIDERS OF CONTENT IN CONNECTION WITH THE PRODUCT BE LIABLE TO LICENSEE FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY LICENSEE OR THIRD PARTIES, A FAILURE OF THE PRODUCT TO OPERATE WITH ANY OTHER PROGRAMS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR MOBILE DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LARK COMPUTERS' COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY).
8. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of Romania. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Romania and Licensee expressly consent to the exercise of personal jurisdiction in the courts of Romania in connection with any such dispute including any claim involving LARK computers. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.
9. Worldwide Licensee. The parties confirm that this Agreement and all related documentation is and will be in the English language.