NLA Systems Ltd.
License Agreement
for
cyberPOST2 version 1
NLA SYSTEMS LTD. ("NLA") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
LICENSE AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE
"Accept" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE
"Decline" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALLATION PROCESS WILL NOT CONTINUE.
1. DEFINITIONS. "Software" means the identified above in binary form, any other machine readable materials (including, but not limited to data files), any updates or error corrections provided by NLA, and any user manuals, and other documentation provided to you by NLA under this Agreement.
2. LICENSE TO USE. The Software is licensed, not sold. Subject to the terms and conditions of this Agreement, NLA grants you a non-exclusive, non-transferable, limited license and unmodified for the sole purpose of use as advertised. No other use, copying or distribution of the Software is permitted. You may not rent the Software, nor may you offer use of it to others through a service bureau or application service provider.
3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by NLA and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. No right, title or interest in or to any trademark, service mark, logo or trade name of NLA or its licensors is granted under this Agreement.
4. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL NLA OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF NLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will NLA's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement.
5. TERM. If the Software that was distributed to you was labeled as an EVALUATION VERSION or TRY & BUY VERSION (or its functional equivalent) (an "Evaluation Version"), the license granted under this Agreement commences upon the installation of the Evaluation Version and is effective for the longer of 30 days following the date of said installation (the "Evaluation Term"). Evaluation Version Software may include software code intended to disable their functionality after the expiration of the Evaluation Term. You may take no actions to circumvent the operation of such disabling code, and you accept all risks that might arise from such disabling code. If the Software was not distributed as an Evaluation Version, or if you converted an Evaluation Version installation of the Software to a non-Evaluation Version of the Software by authorized use of the conversion mechanism provided with the Software (in each case either being or resulting in a "Full-License Version"), the licenses granted under this Agreement commence upon the installation of the Software and are effective in perpetuity unless terminated per the terms of this Agreement.
6. SOFTWARE UPDATES FROM NLA. You acknowledge that at your request or consent optional features of the Software may download, install, and execute applets, applications, software extensions, and updated versions of the Software from NLA ("Software Updates"), which may require you to accept updated terms and conditions for installation. If additional terms and conditions are not presented on installation, the Software Updates will be considered part of the Software and subject to the terms and conditions of the Agreement.
7. SOFTWARE FROM SOURCES OTHER THAN NLA. You acknowledge that, by your use of optional features of the Software and/or by requesting services that require use of the optional features of the Software, the Software may automatically download, install, and execute software applications from sources other than NLA ("Other Software"). NLA makes no representations of a relationship of any kind to licensors of Other Software. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL NLA OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE OTHER SOFTWARE, EVEN IF NLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from NLA if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.
9. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement may be subject to export or import regulations in some countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
10. GOVERNING LAW. Any action related to this Agreement will be governed by Maltese law. No choice of law rules of any jurisdiction will apply.
11. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
12. INTEGRATION. This Agreement is the entire agreement between you and NLA relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
For inquiries please contact: NLA Systems Ltd., NLA House, Erin Serracino Inglott Street Iklin, BZN 11 - Malta