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Please read the following license agreement for the software you have
selected. If you agree to the terms and conditions of the agreement,
mark your agreement by checking the appropriate checkbox on the order
page. Otherwise, do not place any orders.
Sartek Software, Switzerland, may ask you to provide information that
personally identifies you or is otherwise personally identifiable in
certain circumstances, including for example when you down load, update
or upgrade products, or ask for additional information ('Personal
Information'). Examples of Personal Information are your name or
business name, mailing address, phone number, e-mail address or zip
code. Sartek Sotware uses your Personal Information for two primary
purposes:
-
To help you
quickly find products, services or information on
sartek-software.com; and/or
-
To alert you to
product upgrades, special offers, updated information and other new
services.
We will not sell or rent your Personal Information, nor will we provide
to third parties your Personal Information unless we have your consent (which
we may infer has been granted based on circumstances of use of
www.sartek-software.com and specific product requests) and (1) sharing
your Personal Information is required to provide the product or service
you have requested, or (2) Sartek Software, needs to send your Personal
Information to companies which work on its behalf in order to provide
you a product or service (which companies will not have any right to use
your Personal Information we share with them beyond what is necessary to
assist Sartek Software,). We will disclose your Personal Information to
the extent required in the event it must respond to subpoenas, court
orders or other legal process, or if we find that your actions on
www.sartek-software.com violate any terms of use, any usage guidelines
for specific products or services, or any terms of any license
agreements you agree to.
Sartek Software, does not endorse any type of e-mail marketing from the
company itself or any of Sartek Software, affiliates. To better improve
the quality of Sartek Software, affiliate base and infrastructure, we
take a firm position against all e-mail based marketing activity. If
you've received an unsolicited e-mail from an affiliate of Sartek
Software, please report it immediately by forwarding a copy of the
e-mail to
support@sartek-software.com.
We kindly ask you to print out our 'Privacy Policy' and 'Order
Confirmation Page' for your reference.
NO RETURNS WILL BE ACCEPTED
No Refunds or Exchanges Will Be Made. Our products are sold as a "try-before-buy"
software. You can try them and its functions without time limits. Sartek
Software doesn't refund your money if you are not satisfied with our
products - so take your chance and test it out before you press the
order button now!
END
USER LICENSE AGREEMENT
for: All Software Products of Sartek Software IMPORTANT READ
CAREFULLY and PRINT FOR YOUR REFERENCE: This End-User License
Agreement ('EULA') is a legal agreement between you (either an
individual person or a single legal entity, who will be referred to in
this EULA as 'You') and Sartek Software. It includes any associated
media, printed materials and electronic documentation (the 'Software').
The Software also includes any software updates, add-on components, web
services and/or supplements that Sartek Software may provide to You or
make available to You after the date You obtain Your initial copy of the
Software to the extent that such items are not accompanied by a separate
license agreement or terms of use. By installing, copying, downloading,
accessing or otherwise using the Software, You agree to be bound by the
terms of this EULA. If You do not agree to the terms of this EULA, do
not install, access or use the Software. For purposes of this EULA, the
term 'Licensor' refers to Sartek Software, except in the event that You
acquired the Software as a component of a Sartek Software product
originally licensed from the manufacturer of your computer system or
computer system component, then 'Licensor' or refers to such hardware
manufacturer. By installing, copying, downloading, accessing or
otherwise using the Software, You agree to be bound by the terms of this
EULA. If You do not agree to the terms of this EULA, Licensor is
unwilling to license the Software. In such event, You may not install,
copy, download or otherwise use the Software.
NOTE: IF YOU DO NOT
HAVE A VALID LICENSE FOR Vistal. (A 'SOFTWARE PRODUCT'), YOU ARE NOT
AUTHORIZED TO USE THE SOFTWARE FOR MORE THAN 2 USERS.
SOFTWARE LICENSE
The Software is protected by intellectual property laws and treaties.
The Software is licensed, not sold.
This EULA grants you the following rights:
Restrictions:
-
You may not
sell, license or distribute copies of the Software on a stand-alone
basis or as part of any collection, product or service where the
primary value of the product or service are the Software.
-
You may not use
or distribute any of the Software that include representations of
identifiable individuals, governments, logos, initials, emblems,
trademarks, or entities for any commercial purposes or to express or
imply any endorsement or association with any product, service,
entity, or activity.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
-
Limitations on
Reverse Engineering, Decompilation, and Disassembly. You may not
reverse engineer, decompile, or disassemble the Software, except and
only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
-
Trademarks.
This EULA does not grant You any rights in connection with any
trademarks or service marks of Licensor or its suppliers.
-
No rental,
leasing or commercial hosting. You may not rent, lease, lend or
provide commercial hosting services to third parties with the
Software.
-
Support
Services. Licensor may provide You with support services related to
the Software ('Support Services'). Use of Support Services is
governed by the policies and programs described in the user manual,
in 'online' documentation, or in other materials from the support
services provider. Any supplemental software code provided to You as
part of the Support Services are considered part of the Software and
subject to the terms and conditions of this EULA. You acknowledge
and agree that Licensor may use information You provide to Licensor
as part of the Support Services for its business purposes, including
for product support and development.
-
Termination.
Without prejudice to any other rights, Licensor or its suppliers may
terminate this EULA if You fail to comply with the terms and
conditions of this EULA. In such event, You must destroy all copies
of the Software and all of its component parts.
-
UPGRADES If the
SOFTWARE PRODUCT is labeled as an upgrade, you must be properly
licensed to use a product identified by Sartek Software as being
eligible for the upgrade in order to use the SOFTWARE PRODUCT. A
SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements
the product that formed the basis for your eligibility for the
upgrade. You may use the resulting upgraded product only in
accordance with the terms of this EULA. If the SOFTWARE PRODUCT is
an upgrade of a component of a package of software programs that you
licensed as a single product, the SOFTWARE PRODUCT may be used and
transferred only as part of that single product package and may not
be separated for use on more than one computer.
-
BACKUP COPY
After installation of one copy of the SOFTWARE PRODUCT pursuant to
this EULA, you may keep the original media on which the SOFTWARE
PRODUCT was provided by Sartek Software solely for backup or
archival purposes. If the original media is required to use the
SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the
SOFTWARE PRODUCT solely for backup or archival purposes. Except as
expressly provided in this EULA, you may not otherwise make copies
of the SOFTWARE PRODUCT or the printed materials accompanying the
SOFTWARE PRODUCT.
LIMITED WARRANTY
FOR SOFTWARE LICENSED DIRECTLY FROM Sartek Software, THE FOLLOWING
SECTIONS APPLY: LIMITED WARRANTY FOR SOFTWARE. Sartek Software. warrants
that the Software will perform substantially in accordance with the
accompanying materials for a period of ninety (90) days from the date of
receipt. If an implied warranty or condition is created by your country,
state/jurisdiction and federal or state/provincial law prohibits
disclaimer of it, you also have an implied warranty or condition, BUT
ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY
(NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY
PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions
do not allow limitations on how long an implied warranty or condition
lasts, so the above limitation may not apply to you. Any supplements or
updates to the Software, including without limitation, any (if any)
service packs or hot fixes provided to you after the expiration of the
ninety (90) day Limited Warranty period are not covered by any warranty
or condition, express, implied or statutory.
LIMITATION ON REMEDIES: NO CONSEQUENTIAL OR OTHER DAMAGES - Your
exclusive remedy for any breach of this Limited Warranty is as set forth
below. Except for any refund elected by Sartek Software, YOU ARE NOT
ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL
DAMAGES, if the Software does not meet Sartek Software Limited Warranty,
and, to the maximum extent allowed by applicable law, even if any remedy
fails of its essential purpose. The terms of the section below
('Exclusion of Incidental, Consequential and Certain Other Damages') are
also incorporated into this Limited Warranty. Some countries, states/jurisdictions
do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you. This
Limited Warranty gives you specific legal rights. You may have others
which vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. Sartek Software and its suppliers' entire
liability and your exclusive remedy shall be, at Sartek Software option
from time to time exercised subject to applicable law, (a) return of the
price paid (if any) for the Software, or (b) repair or replacement of
the Software, that does not meet this Limited Warranty and that is
returned to Sartek Software with a copy of your receipt. You will
receive the remedy elected by Sartek Software without charge, except
that you are responsible for any expenses you may incur (e.g. cost of
shipping the Software to Sartek Software). This Limited Warranty is void
if failure of the Software has resulted from accident, abuse,
misapplication, abnormal use or a virus. Any replacement Software will
be warranted for the remainder of the original warranty period or thirty
(30) days, whichever is longer. Outside the United States or Canada,
neither these remedies nor any product support services offered by
Sartek Software are available without proof of purchase from an
authorized international source. To exercise your remedy, contact:
Sartek Software, Dickenson Bay Street, John Henry Building, 3rd floor.
DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the
only express warranty made to you and is provided in lieu of any other
express warranties (if any) created by any documentation or packaging.
Except for the Limited Warranty and to the maximum extent permitted by
applicable law, Sartek Software and its suppliers provide the Software
and support services (if any) AS IS AND WITH ALL FAULTS, and hereby
disclaim all other warranties and conditions, either express, implied or
statutory, including, but not limited to, any (if any) implied
warranties, duties or conditions of merchantability, of fitness for a
particular purpose, of accuracy or completeness of responses, of results,
of workmanlike effort, of lack of viruses, and of lack of negligence,
all with regard to the Software, and the provision of or failure to
provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF
TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION
OR NON-INFRINGEMENT WITH REGARD TO THE Software. EXCLUSION OF INCIDENTAL,
CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL Sartek Software OR ITS SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS
OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR
PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY
INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR
ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY
WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER
OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF
THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF
CONTRACT OR BREACH OF WARRANTY OF Card International, Ltd OR ANY
SUPPLIER, AND EVEN IF Sartek Software OR ANY SUPPLIER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. ENTIRE AGREEMENT. This EULA (including
any addendum or amendment to this EULA which is included with the
Software) is the entire agreement between you and Sartek Software
relating to the Software and the support services (if any) and they
supersede all prior or contemporaneous oral or written communications,
proposals and representations with respect to the Software or any other
subject matter covered by this EULA. To the extent the terms of any
Sartek Software policies or programs for support services conflict with
the terms of this EULA, the terms of this EULA shall control.
Last update: July
2007 |
