End User License Agreement
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.
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
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.