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LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE.
INTRODUCTORY PROVISIONS
1. This Software includes all related media, printed materials, documentation, applications, databases, and other software components. The software is primarily: the computer app “Imaginator” for Windows.
2. This limited software warranty and license agreement (hereinafter referred to as the “Agreement“) may be periodically updated. Your continued use of the Software after a revised Agreement has been posted constitutes your acceptance of its terms.
3. The software includes all software included with this Agreement (including related services), the accompanying manual(s), packaging, and other written files, electronic or on-line materials or documentation, and any and all copies of such software and its materials (hereinafter referred to as “Software“).
SUBJECT OF THE AGREEMENT
4. Subject to the terms of this EULA, the Author grants to the User a license to install and use the Software, including all images, photographs, animations, audio-visual components, music, text and additional applications included with the Software, as well as accompanying printed materials and all copies of the Software solely in accordance with the terms below. All terms and conditions of the EULA apply to the Software as a whole and to its separate components.
5. The software is licensed, not sold by opening, downloading, installing, copying, or otherwise using the software, and any other materials included with the software, you agree to be bound by the terms of this Agreement with the SMD Technologies s. r. o., with its registered office at Guothova 2/E, 831 01 Bratislava - mestská časť Nové Mesto, the Slovak republic, Identification No.: 52 480 810, in the Commercial register of the District court Bratislava I, Section: Sro, File No.: 138800/B (hereinafter referred to “Author“).
6. All rights not expressly granted to the User by the EULA are reserved by the Author.
7. Use of the Software and all of its components in violation of the terms and conditions of this EULA is a violation of the Intellectual Property Rights of the Author and will result in the revocation of all rights of use of the Software granted to the User by this EULA.
SCOPE OF LICENSE
8. By granting the license, the User acquires the right to install and use the Software within any User-owned device.
9. This license is non-transferable and non-exclusive.
10. The User agrees that the Software is protected against unauthorized copying and unrestricted use.
RESTRICTIONS ON USE
11. The User is not authorized to perform or allow other persons to perform any of the following:
a. reverse engineer, create derivative works, or decompile the Software or any portion of it, except to the extent and to the extent expressly permitted by applicable law, notwithstanding this limitation. If the legislation permits such activity, any information gathered in this way may not be disclosed to third parties. Exceptions are cases where the provision of such information is required by law and the User must immediately inform the Author of such information. All such information shall be treated as confidential and proprietary information of the Author; and / or
b. modify, alter or translate the Software, including making changes to the Software, applications and databases contained in the Software, other than those accessed through the Software and described in the documentation; and / or
c. without the prior written consent of the Author; Means for permitted modifications to the Software are shipped with the software, permitted modifications and descriptions are included in the documentation provided; and / or
d. rectify errors in the Software without the prior written consent of the Author; and / or
e. rent, license, assign or transfer any rights granted by this EULA and other rights relating to the Software to any person, or allow the Software or any part of it to be copied to third-party devices other than the User.
INNOVATION
12. The Author endeavors to upgrade the Software in order to provide the best experience for its User. The User acknowledges and agrees that the form and nature of the services provided by the Author may change without notice.
13. As part of this upgrade, the User acknowledges and agrees that the Author may, at its discretion, permanently or temporarily discontinue the provision of the Software or any functionality within the Software to the User or the User in general, without prior notice. The User may terminate the use of the Software at any time.
14. The User acknowledges and agrees that if the Author prohibits the User from accessing his / her account, the User may be prevented from accessing the Services, User Account Data and / or any files or other content contained in the User Account.
WARRANTIES
15. The User understands and expressly agrees that he is using the Software at his own risk and that the Software is provided "as is" and "as available".
16. The Author makes no warranties as to the correctness, trouble-free or functionality of the Software with any other Software. Any express or implied warranties, representations or warranties under the laws, customs, prior oral or written representations not expressly set forth in this EULA are hereby excluded.
17. The Author is not liable for any direct, indirect, criminal, special, incidental or consequential damages caused by using of the Software.
18. No information obtained by the User from the Author or through the Software shall constitute a warranty to the User unless expressly stated in this EULA.
OWNERSHIP RIGHTS
19. By uploading materials and any data (eg, texts, photos, videos, comments, etc.) to the Software, the User grants the Author a non-exclusive, unlimited license to publish, use, host, store, reproduce, modify and create derivative works (such as a result of translation, modification or other changes made by the Author to improve the Software or services for the User), making available, publicly performing, publicly displaying and distributing such content. At the same time, the user, to the maximum extent permitted by law, assumes full responsibility for the use of these materials and data, personal data, including materials downloaded from the website.
20. The Author is not liable for any indirect, criminal, special, incidental or consequential damages caused by any User's infringement of copyright, license or other laws.
OTHER CONTENT
21. The software may contain hyperlinks to other websites or content or resources. The Author cannot have any control over any website or resource provided by other companies or persons other than the Author.
22. The User acknowledges and agrees that the Author is not responsible for the availability of any such external sites or resources and does not endorse ads, products or other materials on or available from such websites or resources.
23. The User acknowledges and agrees that the Author is not liable for any loss or damage that the User may incur as a result of the availability of these external sites or resources, or as a result of User's assumptions about the completeness, accuracy or existence of any advertising, products or other materials on or available from this website or resources.
THIRD-PARTY TECHNOLOGY / SOFTWARE
24. The software may use other third-party software. Notwithstanding the provisions of the EULA, third party software, including its components, advertisements, products or other materials contained in or published therein, may be subject to other terms of service other than those of the EULA.
FINAL PROVISIONS
25. This EULA shall enter into force at the time of acceptance of all terms and conditions set forth in the EULA prior to or during the installation of the Software, by the User and / or at the time the User begins to use the Software in any manner, whichever comes first.
26. The EULA is binding for the entire term of the Software Property Rights, unless otherwise stated in the EULA or in a separate written agreement between the User and the Author. Its validity may depend on the scope of the license in accordance with the provisions of the EULA.
27. This Software is protected by copyright/trademark. The User agrees that this EULA is enforceable as any other written agreement enclosed by the User. This EULA is enforceable against the User.
28. In the event the User does not agree to the terms of this EULA, the Software and its components are not installed and used by the User.
29. This Agreement is concluded, administered and interpreted in accordance with the legislation of the Slovak Republic.
30. By installing, copying or otherwise using this Software, the User acknowledges that he / she has read this EULA and that he / she understands and agrees to its terms.
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE.
INTRODUCTORY PROVISIONS
1. This Software includes all related media, printed materials, documentation, applications, databases, and other software components. The software is primarily: the computer app “Imaginator” for Windows.
2. This limited software warranty and license agreement (hereinafter referred to as the “Agreement“) may be periodically updated. Your continued use of the Software after a revised Agreement has been posted constitutes your acceptance of its terms.
3. The software includes all software included with this Agreement (including related services), the accompanying manual(s), packaging, and other written files, electronic or on-line materials or documentation, and any and all copies of such software and its materials (hereinafter referred to as “Software“).
SUBJECT OF THE AGREEMENT
4. Subject to the terms of this EULA, the Author grants to the User a license to install and use the Software, including all images, photographs, animations, audio-visual components, music, text and additional applications included with the Software, as well as accompanying printed materials and all copies of the Software solely in accordance with the terms below. All terms and conditions of the EULA apply to the Software as a whole and to its separate components.
5. The software is licensed, not sold by opening, downloading, installing, copying, or otherwise using the software, and any other materials included with the software, you agree to be bound by the terms of this Agreement with the SMD Technologies s. r. o., with its registered office at Guothova 2/E, 831 01 Bratislava - mestská časť Nové Mesto, the Slovak republic, Identification No.: 52 480 810, in the Commercial register of the District court Bratislava I, Section: Sro, File No.: 138800/B (hereinafter referred to “Author“).
6. All rights not expressly granted to the User by the EULA are reserved by the Author.
7. Use of the Software and all of its components in violation of the terms and conditions of this EULA is a violation of the Intellectual Property Rights of the Author and will result in the revocation of all rights of use of the Software granted to the User by this EULA.
SCOPE OF LICENSE
8. By granting the license, the User acquires the right to install and use the Software within any User-owned device.
9. This license is non-transferable and non-exclusive.
10. The User agrees that the Software is protected against unauthorized copying and unrestricted use.
RESTRICTIONS ON USE
11. The User is not authorized to perform or allow other persons to perform any of the following:
a. reverse engineer, create derivative works, or decompile the Software or any portion of it, except to the extent and to the extent expressly permitted by applicable law, notwithstanding this limitation. If the legislation permits such activity, any information gathered in this way may not be disclosed to third parties. Exceptions are cases where the provision of such information is required by law and the User must immediately inform the Author of such information. All such information shall be treated as confidential and proprietary information of the Author; and / or
b. modify, alter or translate the Software, including making changes to the Software, applications and databases contained in the Software, other than those accessed through the Software and described in the documentation; and / or
c. without the prior written consent of the Author; Means for permitted modifications to the Software are shipped with the software, permitted modifications and descriptions are included in the documentation provided; and / or
d. rectify errors in the Software without the prior written consent of the Author; and / or
e. rent, license, assign or transfer any rights granted by this EULA and other rights relating to the Software to any person, or allow the Software or any part of it to be copied to third-party devices other than the User.
INNOVATION
12. The Author endeavors to upgrade the Software in order to provide the best experience for its User. The User acknowledges and agrees that the form and nature of the services provided by the Author may change without notice.
13. As part of this upgrade, the User acknowledges and agrees that the Author may, at its discretion, permanently or temporarily discontinue the provision of the Software or any functionality within the Software to the User or the User in general, without prior notice. The User may terminate the use of the Software at any time.
14. The User acknowledges and agrees that if the Author prohibits the User from accessing his / her account, the User may be prevented from accessing the Services, User Account Data and / or any files or other content contained in the User Account.
WARRANTIES
15. The User understands and expressly agrees that he is using the Software at his own risk and that the Software is provided "as is" and "as available".
16. The Author makes no warranties as to the correctness, trouble-free or functionality of the Software with any other Software. Any express or implied warranties, representations or warranties under the laws, customs, prior oral or written representations not expressly set forth in this EULA are hereby excluded.
17. The Author is not liable for any direct, indirect, criminal, special, incidental or consequential damages caused by using of the Software.
18. No information obtained by the User from the Author or through the Software shall constitute a warranty to the User unless expressly stated in this EULA.
OWNERSHIP RIGHTS
19. By uploading materials and any data (eg, texts, photos, videos, comments, etc.) to the Software, the User grants the Author a non-exclusive, unlimited license to publish, use, host, store, reproduce, modify and create derivative works (such as a result of translation, modification or other changes made by the Author to improve the Software or services for the User), making available, publicly performing, publicly displaying and distributing such content. At the same time, the user, to the maximum extent permitted by law, assumes full responsibility for the use of these materials and data, personal data, including materials downloaded from the website.
20. The Author is not liable for any indirect, criminal, special, incidental or consequential damages caused by any User's infringement of copyright, license or other laws.
OTHER CONTENT
21. The software may contain hyperlinks to other websites or content or resources. The Author cannot have any control over any website or resource provided by other companies or persons other than the Author.
22. The User acknowledges and agrees that the Author is not responsible for the availability of any such external sites or resources and does not endorse ads, products or other materials on or available from such websites or resources.
23. The User acknowledges and agrees that the Author is not liable for any loss or damage that the User may incur as a result of the availability of these external sites or resources, or as a result of User's assumptions about the completeness, accuracy or existence of any advertising, products or other materials on or available from this website or resources.
THIRD-PARTY TECHNOLOGY / SOFTWARE
24. The software may use other third-party software. Notwithstanding the provisions of the EULA, third party software, including its components, advertisements, products or other materials contained in or published therein, may be subject to other terms of service other than those of the EULA.
FINAL PROVISIONS
25. This EULA shall enter into force at the time of acceptance of all terms and conditions set forth in the EULA prior to or during the installation of the Software, by the User and / or at the time the User begins to use the Software in any manner, whichever comes first.
26. The EULA is binding for the entire term of the Software Property Rights, unless otherwise stated in the EULA or in a separate written agreement between the User and the Author. Its validity may depend on the scope of the license in accordance with the provisions of the EULA.
27. This Software is protected by copyright/trademark. The User agrees that this EULA is enforceable as any other written agreement enclosed by the User. This EULA is enforceable against the User.
28. In the event the User does not agree to the terms of this EULA, the Software and its components are not installed and used by the User.
29. This Agreement is concluded, administered and interpreted in accordance with the legislation of the Slovak Republic.
30. By installing, copying or otherwise using this Software, the User acknowledges that he / she has read this EULA and that he / she understands and agrees to its terms.