End User License Agreement

IMPORTANT: PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING/INSTALLING THE SOFTWARE THAT IS SUBJECT TO THIS AGREEMENT. BY DOWNLOADING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT INSTALLING THE SOFTWARE.

COMMUNITY DISCLAIMER

TAILENT HAS ISSUED THE COMMUNITY VERSION OF THIS SOFTWARE LICENSED HEREUNDER AND IT MAY CONTAIN DEFECTS AND THE PRIMARY PURPOSE OF PROVIDING THIS SOFTWARE LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND INCREASE ADAPTION. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS. ALSO TAILENT AT ITS SOLE DISCRETION HAS A LEGAL RIGHT TO WITHDRAW THE COMMUNITY VERSION AS DEEMED APPROPRIATE BY THE COMPANY, WITHOUT MAKING ANY PRIOR ANNOUNCEMENT OR ISSUING ANY NOTICE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR-FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. ALSO, IT IS IMPORTANT TO NOTE THAT THE COMMUNITY VERSION IS EXPLICITLY FOR PERSONAL USE ONLY AND SHOULD NOT BE USED FOR ANY COMMERCIAL PURPOSES, BY AN INDIVIDUAL OR AN ORGANIZATION.

1. License

This End-User License Agreement (EULA) is a legal agreement between you and the mentioned author (TAILENT) of this software for the software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE”).

By installing, copying, or otherwise using the SOFTWARE, you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement. Unless you have a different license agreement signed by TAILENT your use of the SOFTWARE indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, TAILENT grants users a limited, non-exclusive, non-transferable license, without the right to sub-license the Software, to use the SOFTWARE in accordance with this Agreement and any other written agreement with TAILENT. Users can download the COMMUNITY version of the Software only on one personal computer and have to ensure that the Software is NOT modified, all copyright notices are maintained on the Software and users agree to be bound by the terms of this license agreement. Users also confirm that the Software and any Documentation related to the Software shall be used only by themselves and only for personal use and not for the benefit of any other person or entity.

TAILENT does not transfer the title of the SOFTWARE to users; the license granted to users is not a sale. This agreement is a binding legal agreement between TAILENT and the users of the SOFTWARE.

2. Ownership

You have no ownership rights in the Software. Rather, this License Agreement grants to you a limited license as discussed herein to use the Software only as long as TAILENT deems it appropriate and this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with TAILENT “the Company”. The SOFTWARE and the license herein granted shall not be copied, shared, distributed, re-sold, offered for resale, transferred or sub-licensed in whole or in part (for information about redistribution of the SOFTWARE contact TAILENT) Except as specifically set forth herein, any use of the Software by any other person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement. If any person other than yourself uses the SOFTWARE registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3. Use Restrictions

You may not copy, publish, display, disclose, rent, lease, modify, loan or distribute the Software, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software.

You shall use the SOFTWARE in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of the SOFTWARE together with material that is pornographic, racist, vulgar, obscene, defamatory, libellous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Use of the SOFTWARE means that you have loaded, installed, or run the SOFTWARE on a computer or similar device. You should not install the COMMUNITY VERSION onto a multi-user platform, server or network unless you have an explicit written agreement from TAILENT to do so.

4. Copyright Restriction

This SOFTWARE contains copyrighted material, trade secrets and other proprietary material. You shall not (or your employees, agents or representatives, if applicable), and shall not attempt to, modify, reverse engineer, disassemble or decompile the SOFTWARE. Nor can you create any derivative works or other works that are based upon or derived from the SOFTWARE in whole or in part.

TAILENT name including its Product Name “Tailent Automation Platform”, logo and graphics file that represents the SOFTWARE shall not be used in any way to promote products developed with the SOFTWARE. TAILENT retains sole and exclusive ownership of all right, title and interest in and to the SOFTWARE and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of the SOFTWARE, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for TAILENT.

5. Limitation of Liability/Responsibility

You will indemnify, hold harmless, and defend TAILENT, its employees, agents and distributors against any and all claims, proceedings, demand and costs including reasonable attorneys’ fees and costs resulting from or in any way connected with your use of TAILENT SOFTWARE.

In no event (including, without limitation, in the event of negligence) will TAILENT, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, SOFTWARE or the use or inability to use the SOFTWARE or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

6. Export Restrictions

You shall not export the Software, Documentation, Or Information about the Software and Documentations without prior consent of the Company (TAILENT) and Compliance with such laws, regulations, orders, or other restrictions.

7. Warranties

Except as expressly stated in writing, TAILENT makes no representation or warranties in respect of this SOFTWARE and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose. This disclaimer concerns all files generated and edited by the SOFTWARE as well.

8. Governing Law

This Agreement shall be governed by the Law of Romanian Courts applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Romania therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

9. Term and Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the SOFTWARE and destroy all copies of the SOFTWARE and Documentation supplied under this Agreement and to certify in writing that all known copies, including backup copies, have been destroyed. The financial obligations incurred by you shall survive the expiration or termination of this license. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.

10. Consent of use of Data

You agree that TAILENT may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to the SOFTWARE. TAILENT may also use this information to provide notices to you which may be of use or interest to you.

11. Publicity

You hereby authorize the Company to publicly identify you as a customer of the Company and include your name and logo on the Company’s website and other promotional and marketing materials.

12. Amendments to this Agreement

TAILENT reserves the right, at its sole discretion, to modify or replace this Agreement at any time without notice and should not be construed as a commitment by TAILENT.

13. General

This License Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. You may not assign or transfer this License Agreement or any rights hereunder to any other person or entity without the prior written consent of the Company. This License Agreement shall be construed, interpreted and governed by the laws of Romanian Courts without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in Bucharest, Romania. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably affect the intention of the parties.