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1. IMPORTANT – Please Read:
1.1. YOU ARE NOT REQUIRED TO ACCEPT THIS AGREEMENT, SINCE YOU HAVE NOT SIGNED IT. HOWEVER, NOTHING ELSE GRANTS YOU PERMISSION TO USE THIS SOFTWARE OR IT'S DERIVATIVE WORKS (THIS INCLUDES BUT NOT LIMITED TO ANY DOWNLOAD, INSTALLING, RUNNING, USING, COPYING). THESE ACTIONS ARE PROHIBITED BY LAW IF YOU DO NOT ACCEPT THIS AGREEMENT. THEREFORE, BY USING ANY PART OF THIS SOFTWARE (OR ANY WORK BASED ON THIS SOFTWARE), YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND ALL ITS TERMS AND CONDITIONS.
1.2. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS 'SARSOFT' IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD DESTROY ALL COPIES YOU HOLD OF SARSOFT'S SOFTWARE AND DERIVATIVE WORKS IMMEDIATELY.
1.3. This software is licensed, not sold. This Agreement only gives you some rights to use the software. 'SARSOFT' reserves all other rights. You may use the Software only as expressly permitted in this agreement.
1.4. This License Agreement is valid without Licensor's signature. It becomes effective upon the earlier of Licensee's signature or Licensee's use of the Software.
2. Definitions
The following words marked in bold will have specific meanings in this contract.
2.1. Agreement - Means the terms and conditions of this license agreement and any subsequent agreements which are subject to this license agreement.
2.2. SARSOFT - SARSOFT in this agreement refers to the Software owner; 'SARSOFT' of Jl. Hadiah Utama III C No. 1319, Jelambar, Jakarta, Indonesia.
2.3. Licensee – In this Agreement 'Licensee' shall mean the person to whom the license is granted.
2.4. Licensor - In this Agreement 'Licensor' shall mean 'SARSOFT'.
2.5. Consumer - You are a consumer if you are an individual not registering, using or planning to use the Software as part of a business, trade or profession.
2.6. Software - Means the generally available version of the Software; and any parts thereof, available from 'SARSOFT.COM' web site or its associate web sites, together with all upgrades and enhancements provided to the Licensee.
2.7. Trial Key – The key used to license the product, which is supplied for trial use of SARSOFT's products.
2.8. License Key – The key used to license the product, which is supplied when a license is purchased.
3. License Grant
Licensor grants Licensee a non-exclusive, non-transferable single software, single installation license to use Software, in accordance with clause 4 below, any copy must contain all of the original proprietary notices. This License does not entitle Licensee to receive from 'SARSOFT' hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Software unless specific Software has been purchased by the Licensee that clearly states otherwise.
4. Permitted Use
License is a right to use a software within 1 computer for a limited time. You need to buy another licenses if you want to install in another computers.
5. Restrictions On Use
5.1. You shall not modify the Software in anyway. You shall use our services to modify the software if needed.
5.2. You shall not deactivate, disable, or make unworkable, any of the limitations placed into the Software.
5.3. You shall not brand the Software as your own or declare your own copyright on the Software.
5.4. You shall not reverse engineer, disassemble, or create derivative works based on the Software.
5.5. You shall not distribute, resell, rent, lease, sublicense or otherwise supply to a third-party the Software even if it is modified or reverse engineered (including but not limited to any titles, computer code, trademarks, logos, themes, skins, objects, characters, dialog, icons, artwork, animation, sounds, methods of operation, moral rights, any related documentation, incorporated into this Program).
5.6. You shall not modify, delete or obscure any copyright notices, adverts, or labels on or in the Software.
5.7. You may not imply that 'SARSOFT' endorses your own work or use any titles, trademarks, labels, or logos found in the Software in your own titles, products names, service names, or domain names.
5.8. You may not work around any technical limitations in the software.
5.9. You shall not use any part of the Software outside of the Software package.
5.10. You shall not modify, delete or obscure any notices of proprietary rights or any Software identification or restrictions on or in the Software.
6. Undertakings
You undertake to ensure that, prior to use of the Software by your employees or agents, all such parties are notified of this license and the terms of this Agreement.
7. Ethical Use
YOUR USE OF SARSOFT'S SOFTWARE WILL NOT TARNISH THE REPUTATION AND INTEGRITY OF 'SARSOFT' AND YOU CANNOT USE 'SARSOFT' SOFTWARE IN REGARDS TO PROMOTE OR PROVIDE PIRATED SOFTWARE, ANY ILLEGAL OR UNETHICAL ACTIVITY, OR ANYTHING 'SARSOFT' DEEMS AS INAPPROPRIATE. THIS IS A 'CORE ELEMENT'; FAILURE TO COMPLY WITH THIS CONDITION WILL CONSTITUTE A BREACH OF CONTRACT.
8. Term of License
The license shall remain in effect until terminated. You may terminate the license at any time by destroying all copies, or merged portions of the Software. It will also terminate if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Software, any and all copies, modifications, or merged portions in any form.
9. Title
All title, ownership rights and intellectual property rights in and to this Software and any and all copies thereof (including but not limited to any titles, computer code, trademarks, logos, themes, skins, objects, characters, dialog, icons, artwork, animation, sounds, methods of operation, moral rights, any related documentation, incorporated into this Software) are owned by SARSOFT. This Software is protected by the copyright laws of international copyright treaties and conventions and other laws. This Software contains certain licensed materials and 'SARSOFT' licensors may protect their rights in the event of any violation of this Agreement.
10. Termination
Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy the Software, any and all copies, modifications, or merged portions in any form. Termination of the license due to non-compliance will not result in any refunds of license fees.
11. DISCLAIMER OF WARRANTY
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY LICENSEE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
12. LIMITATION OF SUPPORT AND LIABILITY
12.1. SARSOFT WILL GIVE ONLINE SUPPORT ONLY. IT'S MEANS TECHNICAL SUPPORT WILL NOT GO TO LICENSEE SITE. IN CASE THERE ARE ANY ERRORS DURING USES THE SOFTWARE, SARSOFT SHALL ASK LICENSEE TO SEND FILES AND DATABASE TO HELP TECHNICAL SUPPORT TO SOLVE THE ERRORS.
12.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER 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. 'SARSOFT' IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
13. HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. Licensee agrees that Licensor will not be liable for any claims or damages arising from the use of the Software in such applications.
14. Cancellation of License Contract
You may have a right to cancel this license contract. Upon cancellation, Licensee shall destroy all copies of the Software. Any Money paid to 'SARSOFT' will not be return to the you.
15. Miscellaneous
15.1. 'SARSOFT' RESERVES THE RIGHT TO CHANGE THE TERMS OF THIS LICENSE AGREEMENT AT ANY TIME. Changes to the License Agreement will be announced on the 'SARSOFT.COM' web site. Failure to receive notification of a change does not make those changes invalid.
15.2. Technical support will not be provided for third-party modifications to the Software including modifications to code, Skin packs, and Language packs to any license holder. If the Software is modified using a third-party modification instruction or otherwise, technical support may be refused to any license holder.
15.3. 'SARSOFT' reserves the right to change the use of, cancel, or suspend the free or trial editions of its Software at anytime and without notice.
16. Severability
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either Licensee or Licensor from any relevant competent authority, 'SARSOFT' shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
17. Headings
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
18. Entire Agreement
This Agreement together with any documents expressly referred to in them, contain the entire License Agreement between us relating to the subject matter covered and supersede any previous Agreement, arrangements, undertakings or proposals, written or oral between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of this License Contract. In agreeing to this Agreement, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
19. Assignment
This Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligation under it without our prior signed written consent from 'SARSOFT'.
20. Waiver
Failure or neglect by either party to exercise any of its rights or remedies under this Agreement will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this license nor prejudice that party's right to take subsequent action.
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