This license agreement (the "Agreement") is entered into between you, as a private person or a company (the "Licensee") and YesLogic Pty Ltd, an Australian corporation, having its registered address at 7 / 39 Bouverie Street, Carlton, VIC 3053, Australia ("YesLogic"). By installing, copying or otherwise using the Prince formatter (the "Software") the Licensee agree to be bound by the terms of the Agreement.
This Agreement grants to the Licensee the following rights in respect of the Software:
If this is a demonstration license, Licensee may download, install and use the Software on a single computer only for evaluation purposes, for demonstration purposes, or to write academic dissertations. Licensee may not use the Software for commercial purposes. The demonstration version of the Software will automatically generate an advertisement on the first page of the resulting PDF document.
If this is a single user license, Licensee may download, install and use the Software on a single computer for use by a single user only.
If this is a server license, Licensee may download, install and use the Software on a server that is accessible to any number of end users.
If this is an academic single user license, Licensee may download, install and use the Software on a single computer for use by a single user for production of dissertations, papers, lecture notes, hand-outs and similar documents or publications for distribution on the Web, at lectures, or through university bookstores or similar academic channels that are not of a strictly commercial character.
If this is an academic server license, Licensee may download, install and use the Software on a server that is accessible to any number of end users for production of dissertations, papers, lecture notes, hand-outs and similar documents or publications for distribution on the Web, at lectures, or through university bookstores or similar academic channels that are not of a strictly commercial character.
The following shall apply in addition to the limitations and restrictions set forth elsewhere in this Agreement:
Licensee shall not reverse engineer, decompile or disassemble the Software.
Licensee shall not allow third parties to use the Software for commercial service offerings to its own end users. Application service providers (ASPs), integrators and value-added resellers (VARs) of all kinds must enter into a separate VAR licensning agreement for such purposes.
Licensee shall not reproduce, distribute, resell, rent, lease or disclose the Software in any manner to a third party.
Licensee shall not transfer any of its rights under this Agreement without the express written consent of YesLogic.
Licensee shall not remove the first page advertisement that will be generated automatically for all PDF documents produced with the demonstration version of the Software.
YesLogic will provide the following support and maintenance services (the "Services") free of charge for a period of 3 months following the date of this Agreement:
a. E-mail support: YesLogic will attempt to respond to technical questions made by the Licensee by email within a reasonable period of time.
b. Upgrades: YesLogic will attempt to distribute upgrades to the Software on a regular basis. Installation and use of such upgrades will be governed by the terms of this Agreement.
Following the initial 3 months period, the same Services will be available to Licensee against payment of a separate support and maintenance fee.
This Clause 3 does not apply if this is a demonstration license.
YesLogic is the owner of all intellectual property rights relating to the Software and the Services. These rights are protected by intellectual property legislation in Australia and other jurisdictions and by international treaty provisions. YesLogic retains all rights in the Software and the Services that are not expressly granted to the Licensee through this Agreement.
The Licensee grants YesLogic the right to store contact details and other related information in order for YesLogic to contact the Licensee occasionally regarding the Software. YesLogic will not use contact details and other related information for any other purpose.
The Agreement and the licensing rights provide to the Licensee shall continue for an indefinite term. Without prejudice to any other rights, YesLogic may terminate the Agreement if the Licensee fails to comply with the terms and conditions of this Agreement.
The entire liability for YesLogic, and the exclusive remedy for the Licensee, under this Agreement shall be, at YesLogic's option, to either (a) return the price paid for the Software, or (b) replace the Software.
To the maximum extent permitted by law, in no event shall YesLogic be liable for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software or the Services.
This Agreement shall be governed by and construed in accordance with Norwegian law. Any dispute arising under or in connection with this contract shall be referred to arbitration pursuant to the Norwegian 2004 Arbitration Act. Each Party shall appoint one arbitrator and the two arbitrators shall appoint the third arbitrator who shall be the chairman of the arbitration tribunal. The chairman shall be a Norwegian legal professional. If one Party fails to appoint an arbitrator within one month from being requested to do so or if the two arbitrators can not within one month from the last appointment agree on who shall be appointed chairman, the Chief Justice of Oslo District Court shall be the appointer. The venue of the arbitral proceedings shall be in Oslo, and the proceedings shall be conducted in the English language. The arbitration is deemed to be commenced when request for arbitration is being sent from the Party requesting arbitration. The Parties agree to conclude a separate agreement on confidentiality of both the arbitral proceedings and the award immediately after arbitration has been requested.