End-User License Agreement (EULA)
This is a Licensing Agreement between you, the end user of software, and HERMETECH INTERNATIONAL LTD.
Please read this document carefully. In case you do not agree with the said terms and conditions,
immediately stop using this software. You may get a refund of the licensing fee paid within 60 days
from the date the product was purchased as long as you return all parts that were included in the
product package and destroy all copies of the said version of the software and/or uninstall it.
- Grant. HERMETECH INTERNATIONAL LTD., subject to the terms and conditions of this
Licensing Agreement, hereby grants you a nonexclusive, nontransferable right and
license during the term of this Agreement to use software by HERMETECH INTERNATIONAL LTD.
for as long as you abide by the provisions stipulated herein. The term of your license
is based on the amount of the licensing fee paid based on the then-current price
list of HERMETECH INTERNATIONAL LTD. The software may include functionality that
will render it inoperational upon expiration of your license.
- Copyright. The software specified in this Licensing Agreement is and will be the sole
property of HERMETECH INTERNATIONAL LTD. It is subject to copyright and as such is
protected to the fullest extent allowable by law.
- Use Limitations. You may not use the software in any way which threatens or violates
the owner's copyright. That includes making copies (with the exception of backup copies),
reproducing, modifying, decompiling, reverse engineering, disassembling or making derivative
products of the software or decoding it in any other way. All rights not expressly granted
are reserved. Any copy of the software you are allowed to make pursuant to this Agreement
must contain the entire copyright and other notices included with the original copy of the
software.
- Transferability. This license is granted to you only and as such does not permit you
to sell, lend, assign, lease or transfer in any other way any copy of the software. Any
transfer in violation of this provision is not permitted and may cause your license to be
terminated with no refund of the licensing fee paid.
- Limited Warranty. HERMETECH INTERNATIONAL LTD. guarantees that the software will correspond
in general terms to the description given in the user documentation for 60 days from the date
the product was purchased. HERMETECH INTERNATIONAL LTD. does not warrant that the software
will operate without interruptions or be bug-free. The warranty stated
above is the only warranty given and replaces all other warranties, regardless of whether
express or implied, including implied warranties of commercial aptitude and fitness for a
specific purpose. In case you make a warranty claim within the 60-day warranty period, the
liability of HERMETECH INTERNATIONAL LTD. is limited to replacing the product or refunding
you the licensing fee paid.
- Money back guarantee. In case the software does not meet your requirements or does not
suit you for any other reason, you may return it to HERMETECH INTERNATIONAL LTD. within
60 days of the date of its purchase for a refund of the licensing fee- no questions
asked. To be eligible to a refund, all copies of the software stored on your hard disk
or otherwise archived must be destroyed, the software must be uninstalled, and the
original package must be returned.
- Limitation of Liability. In no event shall HERMETECH INTERNATIONAL LTD. neither
HERMETECH INTERNATIONAL LTD.'s partner be liable for any consequential or special
damages or lost profits, including, without limitation, consequential or special
damages for work stoppage or loss of work product data caused by the use or inability
to use this software, even if HERMETECH INTERNATIONAL LTD. has been advised of the
possibility or such damages or losses. By using the software, you agree that
HERMETECH INTERNATIONAL LTD.'s liability for damages caused by the use or inability
to use this software is governed by the Business Code of the New Zealand.
In case you suffer any damages for which HERMETECH INTERNATIONAL LTD. is liable to
compensate you or in cases where the jurisdiction of a specific country does not
permit limiting liability as far as compensation for damages, the contracting parties
have agreed that a conventional fine in the amount of the license fee paid for the
software will be assessed by you. This fine is inclusive of any and all
compensation for damages caused.
- Responsibility for Software Updates. In order to ensure that the software functions
properly, HERMETECH INTERNATIONAL LTD. publishes updates to this software on its web pages.
These updates improve the workings of the software, or remove any bugs. The user is responsible
for proper configuration of the software updating process to provide for the highest possible
level of functional reliability.