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This End-User License Agreement ("EULA") constitutes a legally binding agreement between you (hereinafter referred to as the "Licensee", whether an individual or a single entity) and Demidovski.dev, doing business as "Takendsim" (hereinafter referred to as the "Licensor"). This EULA stipulates the terms and conditions under which you may use the software product "Paramedics! - EMS Simulator" (hereinafter referred to as the "Software").
Recitals
WHEREAS, Licensor is the sole owner and holder of intellectual property rights in the Software and has the authority to grant licenses under these rights; and
WHEREAS, Licensee desires to obtain, and Licensor agrees to grant, a license to use the Software subject to the terms and conditions set forth in this EULA.
Now, Therefore, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
Article 1: Grant of License
1.1 License Grant
1.1.1 Granting Clause: Subject to the terms and conditions of this EULA, Demidovski.dev (hereinafter referred to as "Licensor") hereby grants to the Licensee a non-exclusive, non-transferable, limited right to use the software product "Paramedics! - EMS Simulator" (hereinafter referred to as the "Software") solely for personal, non-commercial purposes.
1.1.2 Scope of Use: This license permits the Licensee to install and use one copy of the Software on a single computer or other device, provided the Software is in use on only one device at any time. The Software is "in use" on a device when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that device.
1.2 Usage Restrictions
1.2.1 Modification and Reverse Engineering: Licensee shall not modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software. The making of modifications or adaptations to the Software is strictly prohibited, unless expressly authorized in writing by the Licensor.
1.2.2 Distribution and Transfer: The Licensee is prohibited from distributing, lending, renting, leasing, sublicensing, or transferring the Software to any third party. Furthermore, the Licensee may not use the Software for any commercial hosting services without the prior written consent of the Licensor.
1.2.3 Derivative Works: The creation of derivative works based upon the Software is expressly prohibited unless such modification is expressly permitted in writing by the Licensor.
1.2.4 Commercial Use: Any use of the Software for commercial purposes is strictly prohibited unless such use is expressly authorized in a separate written agreement with the Licensor.
1.3 Intellectual Property
1.3.1 Ownership: The Software is the intellectual property of and is owned by the Licensor. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of Licensor. The Software is licensed, not sold.
1.3.2 Copyrights: This EULA does not grant the Licensee any intellectual property rights in the Software, and all rights not expressly granted are reserved by the Licensor.
1.4 Term of License
1.4.1 Effective Date: This license is effective until terminated.
1.4.2 Termination: Licensor may terminate this EULA immediately and without notice if the Licensee fails to comply with any term or condition of this EULA. Upon such termination, Licensee must cease all use of the Software and destroy all copies of the Software and all of its component parts.
1.5 Compliance with Laws
1.5.1 Legal Compliance: The Licensee agrees to comply with all applicable laws and regulations regarding the use of the Software, including, but not limited to, laws pertaining to copyright, privacy, and export control.
Article 2: Software Use Restrictions
2.1 Age Requirement
2.1.1 Minimum Age: The Software is not to be used by any individual under the age of sixteen (16) years. By agreeing to this EULA and using the Software, the Licensee represents and warrants that they are at least sixteen (16) years old and have the legal capacity to enter into this agreement.
2.2 Prohibited Uses
2.2.1 Educational and Training Prohibitions: The Licensee is expressly prohibited from using the Software for any form of training, education, or instruction related to emergency medical procedures or any other medical practices. The Software is designed and licensed for entertainment purposes only and should not be relied upon for any educational or instructional applications.
2.2.2 Simulation Restrictions: The Licensee acknowledges that scenarios, conditions, and responses depicted in the Software are fictional and not suitable for real-world application. The misuse of the Software in real-world emergency or medical situations is strictly prohibited.
Article 3: Intellectual Property Rights
3.1 Ownership
3.1.1 Proprietary Rights: All intellectual property rights in and to the Software, including but not limited to copyright, trademarks, trade secrets, and patents, are owned by Demidovski.dev. The Licensee acknowledges that they have no right, title, or interest in or to the Software except as expressly set forth in this EULA.
3.2 Copyright
3.2.1 Copyright Protection: The Software, including its code, documentation, appearance, structure, and organization, is protected by copyright laws of the State of Israel, relevant international copyright treaties, and other proprietary rights laws. The Licensee agrees to prevent any unauthorized copying of the Software.
3.2.2 Limitations: Except as expressly authorized by this EULA or by laws applicable in the absence of this EULA, the Licensee shall not, nor permit anyone else to, copy, distribute, sell, rent, lease, sublicense, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Software or any part thereof.
3.3 Enforcement
3.3.1 Violations: Any unauthorized use of the intellectual property by the Licensee will constitute a violation of this EULA and may infringe upon the Licensor’s rights. Such violations may subject the Licensee to civil and criminal penalties.
3.3.2 Remedies: In the event of any infringement, Demidovski.dev reserves the right to enforce its intellectual property rights through civil litigation and/or criminal prosecution.
3.4 Updates
3.4.1 Updates and Modifications: Licensor may from time to time update or modify the Software, release new versions, or create new modules related thereto, each of which may, at Licensor's discretion, be included within the license described herein. Such enhancements to the Software are also subject to the terms and conditions of this EULA.
Article 4: Disclaimer of Warranties
4.1 No Warranties Provided
4.1.1 "As Is" Provision: The Software is provided "as is" and "with all faults" without warranty of any kind, either express or implied. Demidovski.dev, including its officers, directors, employees, or agents, makes no warranty that the Software will meet your requirements, achieve any intended results, be compatible or work with any other software, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free.
4.2 Exclusion of Implied Warranties
4.2.1 Statutory Consumer Rights: To the maximum extent permitted by applicable law, Demidovski.dev disclaims all implied warranties, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
4.2.2 No Reliance on Representations: No advice or information, whether oral or written, obtained by you from Demidovski.dev or through or from the Software shall create any warranty not expressly stated in this EULA.
Article 5: Limitation of Liability
5.1 Limitation on Types of Damages
5.1.1 Scope of Liability: In no event shall Demidovski.dev be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Demidovski.dev has been advised of the possibility of such damages), arising out of or in connection with the EULA or the use or inability to use the Software.
5.2 Cap on Liability
5.2.1 Financial Cap on Damages: To the extent permitted by applicable law, the aggregate liability of Demidovski.dev, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the Software shall not exceed the amount you have paid, if any, to Demidovski.dev for the Software in the six (6) months prior to the action giving rise to liability.
5.3 Essential Basis of the Agreement
5.3.1 Basis of the Bargain: The limitations and exclusions of liability set forth in this Article 5 and elsewhere in this EULA reflect the allocation of risk between the parties and form an essential basis of the bargain between you and Demidovski.dev. Demidovski.dev would not be able to provide the Software on an economic basis without such limitations.
Article 6: Jurisdiction and Dispute Resolution
6.1 Governing Law
6.1.1 Choice of Law: This EULA and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to its conflict of laws principles.
6.2 Jurisdiction
6.2.1 Exclusive Jurisdiction: The parties agree that any legal action or proceeding arising under or related to this EULA shall be brought exclusively in the courts located in Tel Aviv, Israel. The parties hereby irrevocably consent to the jurisdiction and venue of such courts.
6.3 Dispute Resolution
6.3.1 Mediation and Arbitration: Before initiating any formal legal proceedings, the parties agree to attempt to resolve any disputes arising out of or relating to this EULA through mediation. If unresolved through mediation, the dispute may be submitted to binding arbitration in Tel Aviv, Israel, under the rules of the Israeli Institute of Commercial Arbitration.
Article 7: General Provisions
7.1 Severability
7.1.1 Enforceability: If any provision of this EULA is determined to be illegal, invalid, or unenforceable, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
7.2 Amendment
7.2.1 Modification of Agreement: This EULA may only be modified or amended through a written agreement, duly signed by authorized representatives of both parties. No oral amendment or modification shall be effective.
7.3 Entire Agreement
7.3.1 Integration Clause: This EULA constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior or contemporaneous oral or written communications, proposals, agreements, or representations with respect to such subject matter.
7.4 Waiver
7.4.1 Non-Waiver: No waiver by any party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
7.5 Notices
7.5.1 Communication: Any notices or communication under this EULA shall be in writing and shall be sent by registered mail, e-mail, or any other means agreed upon by the parties to the addresses specified at the beginning of this EULA.
Article 8: Acknowledgement and Contact Information
8.1 Acknowledgement
8.1.1 Confirmation of Agreement: By installing, copying, downloading, accessing, or otherwise using the Software, you, the Licensee, acknowledge that you have read this End-User License Agreement (EULA), understand it, and agree to be bound by its terms and conditions. You further agree that this EULA constitutes the complete and exclusive statement of the agreement between you and Demidovski.dev, superseding any proposal or prior agreement, oral or written, and any other communications between you and Demidovski.dev regarding the subject matter of this EULA.
8.2 Complete Understanding
8.2.1 Exclusivity of EULA: This EULA, including the documents expressly incorporated by reference, constitutes the entire agreement between the parties with respect to the Software and supersedes all prior or contemporaneous understandings, agreements, communications, and proposals, whether electronic, oral, or written, between the Licensee and Demidovski.dev.
8.3 Contact Information
8.3.1 Communication Channel: If you have any questions or require further information regarding this EULA or the Software, please contact at the following email address: legal@takendsim.com.
8.4 No Reliance
8.4.1 Independent Evaluation: You acknowledge that you have not relied upon any representation, condition, or warranty made by Demidovski.dev, except as specifically provided in this EULA.
Recitals
WHEREAS, Licensor is the sole owner and holder of intellectual property rights in the Software and has the authority to grant licenses under these rights; and
WHEREAS, Licensee desires to obtain, and Licensor agrees to grant, a license to use the Software subject to the terms and conditions set forth in this EULA.
Now, Therefore, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
Article 1: Grant of License
1.1 License Grant
1.1.1 Granting Clause: Subject to the terms and conditions of this EULA, Demidovski.dev (hereinafter referred to as "Licensor") hereby grants to the Licensee a non-exclusive, non-transferable, limited right to use the software product "Paramedics! - EMS Simulator" (hereinafter referred to as the "Software") solely for personal, non-commercial purposes.
1.1.2 Scope of Use: This license permits the Licensee to install and use one copy of the Software on a single computer or other device, provided the Software is in use on only one device at any time. The Software is "in use" on a device when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that device.
1.2 Usage Restrictions
1.2.1 Modification and Reverse Engineering: Licensee shall not modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software. The making of modifications or adaptations to the Software is strictly prohibited, unless expressly authorized in writing by the Licensor.
1.2.2 Distribution and Transfer: The Licensee is prohibited from distributing, lending, renting, leasing, sublicensing, or transferring the Software to any third party. Furthermore, the Licensee may not use the Software for any commercial hosting services without the prior written consent of the Licensor.
1.2.3 Derivative Works: The creation of derivative works based upon the Software is expressly prohibited unless such modification is expressly permitted in writing by the Licensor.
1.2.4 Commercial Use: Any use of the Software for commercial purposes is strictly prohibited unless such use is expressly authorized in a separate written agreement with the Licensor.
1.3 Intellectual Property
1.3.1 Ownership: The Software is the intellectual property of and is owned by the Licensor. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of Licensor. The Software is licensed, not sold.
1.3.2 Copyrights: This EULA does not grant the Licensee any intellectual property rights in the Software, and all rights not expressly granted are reserved by the Licensor.
1.4 Term of License
1.4.1 Effective Date: This license is effective until terminated.
1.4.2 Termination: Licensor may terminate this EULA immediately and without notice if the Licensee fails to comply with any term or condition of this EULA. Upon such termination, Licensee must cease all use of the Software and destroy all copies of the Software and all of its component parts.
1.5 Compliance with Laws
1.5.1 Legal Compliance: The Licensee agrees to comply with all applicable laws and regulations regarding the use of the Software, including, but not limited to, laws pertaining to copyright, privacy, and export control.
Article 2: Software Use Restrictions
2.1 Age Requirement
2.1.1 Minimum Age: The Software is not to be used by any individual under the age of sixteen (16) years. By agreeing to this EULA and using the Software, the Licensee represents and warrants that they are at least sixteen (16) years old and have the legal capacity to enter into this agreement.
2.2 Prohibited Uses
2.2.1 Educational and Training Prohibitions: The Licensee is expressly prohibited from using the Software for any form of training, education, or instruction related to emergency medical procedures or any other medical practices. The Software is designed and licensed for entertainment purposes only and should not be relied upon for any educational or instructional applications.
2.2.2 Simulation Restrictions: The Licensee acknowledges that scenarios, conditions, and responses depicted in the Software are fictional and not suitable for real-world application. The misuse of the Software in real-world emergency or medical situations is strictly prohibited.
Article 3: Intellectual Property Rights
3.1 Ownership
3.1.1 Proprietary Rights: All intellectual property rights in and to the Software, including but not limited to copyright, trademarks, trade secrets, and patents, are owned by Demidovski.dev. The Licensee acknowledges that they have no right, title, or interest in or to the Software except as expressly set forth in this EULA.
3.2 Copyright
3.2.1 Copyright Protection: The Software, including its code, documentation, appearance, structure, and organization, is protected by copyright laws of the State of Israel, relevant international copyright treaties, and other proprietary rights laws. The Licensee agrees to prevent any unauthorized copying of the Software.
3.2.2 Limitations: Except as expressly authorized by this EULA or by laws applicable in the absence of this EULA, the Licensee shall not, nor permit anyone else to, copy, distribute, sell, rent, lease, sublicense, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Software or any part thereof.
3.3 Enforcement
3.3.1 Violations: Any unauthorized use of the intellectual property by the Licensee will constitute a violation of this EULA and may infringe upon the Licensor’s rights. Such violations may subject the Licensee to civil and criminal penalties.
3.3.2 Remedies: In the event of any infringement, Demidovski.dev reserves the right to enforce its intellectual property rights through civil litigation and/or criminal prosecution.
3.4 Updates
3.4.1 Updates and Modifications: Licensor may from time to time update or modify the Software, release new versions, or create new modules related thereto, each of which may, at Licensor's discretion, be included within the license described herein. Such enhancements to the Software are also subject to the terms and conditions of this EULA.
Article 4: Disclaimer of Warranties
4.1 No Warranties Provided
4.1.1 "As Is" Provision: The Software is provided "as is" and "with all faults" without warranty of any kind, either express or implied. Demidovski.dev, including its officers, directors, employees, or agents, makes no warranty that the Software will meet your requirements, achieve any intended results, be compatible or work with any other software, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free.
4.2 Exclusion of Implied Warranties
4.2.1 Statutory Consumer Rights: To the maximum extent permitted by applicable law, Demidovski.dev disclaims all implied warranties, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
4.2.2 No Reliance on Representations: No advice or information, whether oral or written, obtained by you from Demidovski.dev or through or from the Software shall create any warranty not expressly stated in this EULA.
Article 5: Limitation of Liability
5.1 Limitation on Types of Damages
5.1.1 Scope of Liability: In no event shall Demidovski.dev be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Demidovski.dev has been advised of the possibility of such damages), arising out of or in connection with the EULA or the use or inability to use the Software.
5.2 Cap on Liability
5.2.1 Financial Cap on Damages: To the extent permitted by applicable law, the aggregate liability of Demidovski.dev, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the Software shall not exceed the amount you have paid, if any, to Demidovski.dev for the Software in the six (6) months prior to the action giving rise to liability.
5.3 Essential Basis of the Agreement
5.3.1 Basis of the Bargain: The limitations and exclusions of liability set forth in this Article 5 and elsewhere in this EULA reflect the allocation of risk between the parties and form an essential basis of the bargain between you and Demidovski.dev. Demidovski.dev would not be able to provide the Software on an economic basis without such limitations.
Article 6: Jurisdiction and Dispute Resolution
6.1 Governing Law
6.1.1 Choice of Law: This EULA and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to its conflict of laws principles.
6.2 Jurisdiction
6.2.1 Exclusive Jurisdiction: The parties agree that any legal action or proceeding arising under or related to this EULA shall be brought exclusively in the courts located in Tel Aviv, Israel. The parties hereby irrevocably consent to the jurisdiction and venue of such courts.
6.3 Dispute Resolution
6.3.1 Mediation and Arbitration: Before initiating any formal legal proceedings, the parties agree to attempt to resolve any disputes arising out of or relating to this EULA through mediation. If unresolved through mediation, the dispute may be submitted to binding arbitration in Tel Aviv, Israel, under the rules of the Israeli Institute of Commercial Arbitration.
Article 7: General Provisions
7.1 Severability
7.1.1 Enforceability: If any provision of this EULA is determined to be illegal, invalid, or unenforceable, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
7.2 Amendment
7.2.1 Modification of Agreement: This EULA may only be modified or amended through a written agreement, duly signed by authorized representatives of both parties. No oral amendment or modification shall be effective.
7.3 Entire Agreement
7.3.1 Integration Clause: This EULA constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior or contemporaneous oral or written communications, proposals, agreements, or representations with respect to such subject matter.
7.4 Waiver
7.4.1 Non-Waiver: No waiver by any party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
7.5 Notices
7.5.1 Communication: Any notices or communication under this EULA shall be in writing and shall be sent by registered mail, e-mail, or any other means agreed upon by the parties to the addresses specified at the beginning of this EULA.
Article 8: Acknowledgement and Contact Information
8.1 Acknowledgement
8.1.1 Confirmation of Agreement: By installing, copying, downloading, accessing, or otherwise using the Software, you, the Licensee, acknowledge that you have read this End-User License Agreement (EULA), understand it, and agree to be bound by its terms and conditions. You further agree that this EULA constitutes the complete and exclusive statement of the agreement between you and Demidovski.dev, superseding any proposal or prior agreement, oral or written, and any other communications between you and Demidovski.dev regarding the subject matter of this EULA.
8.2 Complete Understanding
8.2.1 Exclusivity of EULA: This EULA, including the documents expressly incorporated by reference, constitutes the entire agreement between the parties with respect to the Software and supersedes all prior or contemporaneous understandings, agreements, communications, and proposals, whether electronic, oral, or written, between the Licensee and Demidovski.dev.
8.3 Contact Information
8.3.1 Communication Channel: If you have any questions or require further information regarding this EULA or the Software, please contact at the following email address: legal@takendsim.com.
8.4 No Reliance
8.4.1 Independent Evaluation: You acknowledge that you have not relied upon any representation, condition, or warranty made by Demidovski.dev, except as specifically provided in this EULA.