LICENSE AGREEMENT LOGATE® ENTERPRISE LINUX AND LOGATE® SOFTWARE PACKAGES
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING ANY KIND OF SOFTWARE FROM LOGATE. THE ACCOMPANYING VERSIONS OF LOGATE® ENTERPRISE LINUX AND CERTAIN LOGATE® SOFTWARE PACKAGES ARE MADE AVAILABLE TO YOU UNDER THE TERMS OF THIS END USER LICENSE AGREEMENT (THE “EULA”). BY CLICKING THE “ACCEPT” BUTTON, OR BY INSTALLING OR USING THE LOGATE SOFTWARE REGARDLESS OF THE DELIVERY MECHANISM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS, AND YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. AN INDIVIDUAL ACTING ON BEHALF OF AN ORGANIZATION OR PERSONS REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO ENTER INTO THIS END USER LICENSE AGREEMENT ON BEHALF OF THAT ORGANIZATION OR PERSONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE “ACCEPT” BUTTON, AND YOU MUST NOT USE THE LOGATE SOFTWARE. THIS END USER LICENSE AGREEMENT DOES NOT PROVIDE ANY RIGHTS TO LOGATE PROFESSIONAL SERVICES SUCH AS SUPPORT, SOFTWARE MAINTANANCE, BUG FIXES, UPDATES OR UPGRADES.
1. License Grants
Subject to the following terms, Logate d.o.o., ("Logate") grants to you a worldwide license to copy and run the binary version of the the Logate® Enterprise Linux and Logate® Software Packages (the “Product”). The Product might contain multiple 3rd-party software components, mostly licensed under different Open Source Licenses. The license agreement for each 3rd-party software component is located with the components themselves. This EULA pertains solely to the Logate proprietary software and collective work that constitutes the Product and does not limit in anyway your rights granted under the license terms of any particular 3rd-party component.
2. Intellectual Property Rights
The combined work that constitutes the Product is a collective work which has been organized by Logate and altogether with Logate proprietary software is protected under copyright law and under other laws as applicable. All rights, including all intellectual property rights, that are not expressly granted under this EULA are hereby reserved. You may not modify or alter in any way with the Product, especially you may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Product. This EULA does not grant you any right to use the trademarks, service marks or logos of Logate or other licensors.
3. Distribution
This EULA does not permit you to distribute the Logate software. You may make a commercial redistribution of the Logate software only if permitted under a separate written agreement with Logate approving such commercial redistribution.
4. Termination
If you breach this EULA, the licenses granted to you under this EULA will terminate immediately and without notice, but all other provisions of this EULA will continue in effect. Upon termination, you must destroy all copies of the Product in your possession or control.
5. Limited Warranty
THE PRODUCT IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY RELATING TO THE PRODUCT. LOGATE DOES NOT WARRANT THAT THE PRODUCT WILL BE ERROR FREE, WILL PERFORM IN AN UNINTERRUPTED MANNER, WILL MEET YOUR REQUIREMENTS, APPEAR AS DESCRIBED IN THE DOCUMENTATION OR COMPLY WITH REGULATORY REQUIREMENTS. TO THE GREATEST EXTENT ALLOWED BY LAW, LOGATE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. This warranty extends only to the party that purchases subscription services or orders professional services for the Product from Logate.
6. Limitation of Liability
IN NO EVENT WILL LOGATE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER, ARISING OUT OF USE OR INABILITY OF USE THE PRODUCT OR ANY OTHER RIGHTS GRANTED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR CARELESS CONDUCT, INCLUDING GROSS NEGLIGENCE, EVEN IF LOGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS EULA IS TO DISCONTINUE USING THE PRODUCT.
7. Miscellaneous
If any provision of this EULA is held invalid or unenforceable, the remaining parts shall stay in full force. If any claims or provides otherwise, this EULA will be governed by the laws of the Montenegro country, without regard to any conflict of laws provisions. This EULA shall not be governed by the United Nations Convention on the International Sale of Goods.
