A single End-User Licence Agreement (EULA) governs the use of all Vose Software desktop products — ModelRisk, ModelChoice and Tamara.
Please note that due to the administrative difficulties of managing multiple versions of the EULA, we are unable to change the specifications of the standard agreement for individual customers for purchases under $ 25000 without charging an administration fee.
This document is a legal agreement between you (either an individual or a single entity), the "END USER," and Vose Software BV, located at Kompasplein 14, 9000 Gent, Belgium ("VOSE SOFTWARE").
As used in this EULA, the term "SOFTWARE" means any edition of VOSE SOFTWARE's ModelRisk, ModelChoice or Tamara SOFTWARE included on the CD, disk media, or otherwise electronically supplied SOFTWARE provided with this EULA, including associated media, printed materials, "online" or electronic documentation and code and associated material incorporated into the SOFTWARE by THIRD PARTY SUPPLIERS.
The term "SOFTWARE" does not include any SOFTWARE that is covered by a separate licence offered or granted by a person other than VOSE SOFTWARE. As used in this EULA, the term SUPPORT SERVICES means technical support services for this SOFTWARE.
By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to these terms and conditions, before installing or executing, copying, or otherwise using the software, either destroy or return, intact, the software, containing the CD or disk media, together with the other components of the product to the place of purchase.
This SOFTWARE is licensed not sold. The SOFTWARE and any accompanying documentation are proprietary products of VOSE SOFTWARE and are protected under European and U.S. copyright laws and international treaty provisions. You obtain no rights, title or other interests in or to the enclosed SOFTWARE or related documentation, including any copyright, patent, trade secret, trademark or other proprietary rights therein. Ownership of the SOFTWARE and all copies, modifications, and merged portions thereof shall at all times remain with VOSE SOFTWARE. All copies of the enclosed SOFTWARE, in whole, or in part remain the intellectual property of VOSE SOFTWARE unless otherwise specified. You may not remove, modify or alter any VOSE SOFTWARE copyright or trademark notice from any part of the SOFTWARE, including but not limited to any such notices contained in the physical or electronic media or documentation, in any of the runtime resources, or in any web presences or web-enabled notices, code, or other embodiments originally contained in or dynamically or otherwise created by the SOFTWARE.
The SOFTWARE and accompanying documentation are being licensed to you, which means you have the right to use the SOFTWARE only in accordance with this EULA. You may freely make and install copies of the SOFTWARE.
You shall not sublicense, sell, lease, rent, assign or otherwise transfer the rights granted herein without the prior written consent of VOSE SOFTWARE. VOSE SOFTWARE shall not unreasonably withhold or delay such consent in the event of a change of control or ownership in the entity for which the SOFTWARE is being licensed.
Without the express permission of VOSE SOFTWARE, END USER may not (a) use, copy, modify, alter, or transfer, electronically or otherwise, the SOFTWARE or documentation except as expressly permitted in this EULA, or (b) translate, reverse program, disassemble, decompile, or otherwise reverse engineer the SOFTWARE, except as permitted by law without the possibility of contractual waiver.
Without prejudice to any of VOSE SOFTWARE's other rights, VOSE SOFTWARE may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you agree to destroy all copies of the SOFTWARE and all of its component parts.
You can only recover from VOSE SOFTWARE and its suppliers direct damages up to the amount you paid for the SOFTWARE. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to anything related to the SOFTWARE or SUPPORT SERVICES (including your use of, the results of your use, or your inability to use the SOFTWARE or SUPPORT SERVICES), and to claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by law. It also applies even if repair, replacement, or refund for the SOFTWARE or SUPPORT SERVICES does not fully compensate you for any losses, or if VOSE SOFTWARE knew or should have known about the possibility of the damages.
If you follow the documentation provided with the SOFTWARE, VOSE SOFTWARE warrants the SOFTWARE will perform substantially as described in the documentation. VOSE SOFTWARE does not warrant or guarantee nor make any representations regarding the use of the SOFTWARE in terms of correctness, accuracy, reliability, currency or otherwise; and you rely on the SOFTWARE and results solely at your own risk. This Limited Warranty covers the SOFTWARE for 90 days after first purchase. If you receive updates, upgrades, or replacement software during the 90 day period, the LIMITED WARRANTY will apply for 30 days or the remainder of the warranty period, whichever is longer. This LIMITED WARRANTY does not cover problems caused by your acts (or failure to act), the acts of others, or events beyond VOSE SOFTWARE's reasonable control. In the event the SOFTWARE does not meet this LIMITED WARRANTY, VOSE SOFTWARE will repair or replace the SOFTWARE at no charge. If VOSE SOFTWARE cannot repair or replace the SOFTWARE, VOSE SOFTWARE will refund the amount shown on your receipt or paid invoice for the SOFTWARE. You must uninstall the SOFTWARE and return any media and other associated materials (such as printed documentation) to VOSE SOFTWARE with proof of purchase to obtain a refund. These are your only remedies for breach of this LIMITED WARRANTY. The above is the only warranty of any kind, either expressed or implied. VOSE SOFTWARE excludes the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. This warranty gives you specific legal rights and you may have other rights that vary in other countries. VOSE SOFTWARE provides SUPPORT SERVICES without warranty of any kind. The LIMITATION ON AND EXCLUSION OF DAMAGES clause above applies to breaches of this LIMITED WARRANTY.
Unless END USER submits to VOSE SOFTWARE a written request that END USER's company and/or END USER's Web site cannot be used for marketing purposes, END USER hereby grants to VOSE SOFTWARE the right to mention END USER's company and/or END USER's Web site as a customer site in its marketing materials, such as on VOSE SOFTWARE's Web sites, in product brochures, or in other media. Such usage may include listing END USER's Web site, linking to END USER's Web site, and/or displaying END USER's company's logo as part of such listings or links.
This EULA is governed by the laws of the Kingdom of Belgium without regard to its principles governing conflicts of law. By using the SOFTWARE, you consent to the personal and exclusive jurisdiction and venue of the state and federal courts sitting in Ghent, Belgium.
If any provision of this EULA is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from this EULA and all the other provisions shall remain in full force and effect.
The headings used in this EULA are intended for convenience only and shall not be deemed to supersede or modify any provisions.
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