Softarama Registry Commander 3.1


EULA - End User License Agreement



This End-User License Agreement (the "License" or “Agreement”) is between Softarama Systems Ltd (C32567), a limited liability company registered in Israel and having its registered address at Menachem Begin 11, Ramat Gan, Israel hereinafter “Softarama”) and the end user ("You").

1. Consent

By installing the Softarama Software and by marking the "I Agree", or the “I accept the terms of the License Agreement” checkbox, you are deemed to and do consent to be bound by and become a party to this License and you represent that you have the authority to enter into this Agreement.

If you do not agree to be bound by all of the terms of this Agreement click the ‘Cancel’ button and do not install the Softarama Software. If You purchased a license to the Softarama Software on tangible or intangible media without the opportunity to review this License and You do not accept this Agreement, You may obtain a refund of the amount You originally paid if You (i) do not use the Softarama Software and (ii) return it to the vendor from which it was acquired, or to Softarama, together with proof of payment within thirty (30) days from the date of purchase. Softarama has no obligation to make or cause a refund if the vendor is not authorized by Softarama to sell or resell this License or to distribute the Softarama Software. For the purposes of this Agreement, “Softarama Software” shall mean the software displaying this License, any Upgrade thereof granted during the Term, Documentation and any Copies you are permitted to make under this Agreement, excluding Third Party Software.

Softarama recommends that You keep a copy of this License Agreement for your records.

2. Grant of the License

Subject to the terms and conditions of this License, and subject to payment of applicable fees (“License Fee”), Softarama grants You a limited, personal, non-exclusive, non-transferable, non-sub-licensable and revocable license to install during the Term and solely for your own private use, three (3) Copies of the Softarama Software and related written materials in either printed text or machine readable version (the “Documentation”). Any use of more copies of the Softarama Software than are licensed is prohibited. The license for the Softarama Software may not be shared by alternating use of the Softarama Software between different computers. Following expiry of the Term, You may keep one copy of the Softarama Software under the terms of the last License that you accepted. These limitations apply even if you receive the Softarama Software on multiple media (e.g. electronic download and CD). For the purposes of this Agreement, “Copy” shall include the original installation of the Softarama Software. You shall not allow and shall prevent others from making or obtaining copies of the Softarama Software.

3. License Restrictions

Unless specifically permitted in terms of this Agreement, You may not (i) copy, reproduce, change, modify, create a derivative work thereof, reverse compile or reverse engineer, disassemble, decompile or otherwise attempt to extract the source code or internal data of the Softarama Software or any part thereof; (ii) remove or in any way obscure any ownership or trademark notices on the Softarama Software; (iii) sublicense, sell, rent, lease, transfer, assign, display, host, outsource, disclose, distribute or otherwise commercially exploit the Softarama Software; (iv) circumvent any serial number or any other mechanism used or deployed by Softarama to protect the Softarama Software against unlicensed use, copying or distribution; (v) post or otherwise make available, the Softarama Software or any portion thereof, including the serial number, on the Internet or other publicly available forum; (vi) export or re-export the Softarama Software or any underlying information or technology in violation of the export laws of the United States, the European Community or any other applicable laws or regulations; or (vii) make any use of such Softarama Software in any way that violates any applicable law.

4. Licensed Copies and Networks

Any simultaneous storage, maintenance, or use of the Softarama Software is prohibited. You agree either to implement access security mechanisms to prevent simultaneous use or to pay an additional fee according to the number of users with access to a network enabling use of the Softarama Software by multiple computers simultaneously.

5. Upgrades and Content Updates

Softarama may provide You with Upgrades and/or Content Updates from time to time at no charge during the Term of this Agreement. For the purposes hereof, “Upgrade” means a new version of the Softarama Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by Softarama to improve or to add to, delete or otherwise modify any aspect of the Softarama Software; and “Content Update” means an update of the content used by the Softarama Software that might need to be updated from time to time. Upgrades and/or Content Updates may be provided by Softarama via on-line services. This License does not otherwise permit You to obtain and use Upgrades and/or Content Updates.

Note: The Softarama Software may require Content Updates in order to work effectively.

6. Evaluation Copy

You may be granted an evaluation copy of the Softarama Software free of charge (the “Evaluation Copy”). Certain features and/or functionality of the Softarama Software may be locked or unavailable in the Evaluation Copy. In order to benefit from all features and functionality of the Softarama Software, You must pay the License Fee and input a valid serial number. Upon such actions being taken, the Evaluation Copy shall cease from being considered an Evaluation Copy and all the terms of this Agreement shall commence to apply in their entirety. Clauses 3, 9, 10, 11, 12, 13, 14, 15, 19 and 20 shall apply equally to an Evaluation Copy.

7. Activation and other Technological Measures

When You purchase a license You will be provided with a serial number. You must activate the Softarama Software by entering the serial number as prompted by such Software. There may be other technological measures, including enforcement technology, in the Softarama Software that are designed to prevent unlicensed or illegal use. You agree that Softarama may use these measures in its reasonable discretion.

8. Audit

Softarama shall have the right to conduct an audit on your premises or by electronic means (with reasonable notice in the case of the former and no requirement for prior notice in the case of the latter) to ensure that your use of all/any versions of the Softarama Software complies with the provisions of this Agreement. In the event that any audit discloses a breach of this Agreement, Softarama reserves the right to terminate this Agreement and/or recover damages, attorney's fees and costs, including the cost of the audit.

9. Intellectual Property Protection

The Softarama Software is protected by copyright, as well as other intellectual property laws both nationally and under international treaty provisions. Notwithstanding anything else, the Softarama Software is licensed and not sold. This License Agreement does not give You any intellectual property rights in the Softarama Software or any Third Party Software, and does not grant You any license, right or interest in any trade mark, trade name or service mark of Softarama or any other third party. Softarama owns and retains all right, title and interest in and to the Softarama Software, all Copies or portions of the Softarama Software, and any derivative works thereof.

10. Limited Warranty

The Softarama Software is provided to You under this License on an “as is” basis, without warranty or representation of any kind. The Softarama Software is provided as general purpose software and not for your particular use. You accept that Softarama and its suppliers do not represent or warrant that the Softarama Software will meet your requirements or be error or defect free or that any defects in the operation or functionality of the Softarama Software will be corrected. Softarama further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Any implied warranties that cannot be excluded are limited to thirty (30) days or to the shortest period permitted by applicable law, whichever is the greater. Your use of the Softarama Software is at your sole risk and You are responsible for any decisions made and actions taken based on the Softarama Software, irrespective of any recommendations proffered by such Software. Softarama makes no representation regarding Third Party Software which may be accessed through or included with the Softarama Software.

11. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY/INSTITUTE, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL SOFTARAMA OR ITS SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY BENEFICIARY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGE FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, COMPUTER FAILURE OR MALFUNCTION AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, OR IN ANY WAY RELATED TO, THE USE OR THE INABILITY TO USE THE SOFTARAMA SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE IN CONNECTION WITH ANY ASPECT OF THIS SOFTWARE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF SOFTARAMA OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE TOTAL LIABILITY OF SOFTARAMA OR ITS SUPPLIERS WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTARAMA SOFTWARE (“LICENSE FEE”). YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES.

Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations might not apply to You.

12. Indemnity

You will indemnify and hold Softarama harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to your use of the Softarama Software. Your obligations under this section shall survive the expiration or termination of this Agreement.

13. Privacy

You agree that Softarama may collect and use information transmitted through the Softarama Software to improve its products and services. Softarama will NOT collect any personally identifiable information from your computer. Any personal information pertaining to You, which may be held by Softarama (e.g. further to support services provided to You) shall be processed in accordance with the Softarama Privacy Policy, as it exists at any relevant time. You may access our Privacy Policy at any time at softarama.com

14. Third Party Software

Other third party software may be distributed together with the Softarama Software (the “Third Party Software”). Any and all such Third Party Software may require notices and/or be subject to different license terms. Such required Third Party Software notices and license terms, if any, may be accessed at softarama.com, or through the Third Party Software. By accepting this License Agreement, You are also accepting the license terms, if any, under which the Third Party Software is made available. You will not enter into a contractual relationship with Softarama regarding such Third Party Software and Softarama accepts no responsibility for Your use of same.

15. Term and Termination

The Term of this License is for a period of one year from the date of purchase except with regards to an Evaluation Copy for which the default term shall be for so long as Softarama makes such Evaluation Copy available to You. At the end of the Term, You agree to de-install and destroy or permanently erase all but one copy of the Softarama Software within fifteen (15) days of termination or expiration. Following expiry of the Term, some features and functionality of the Softarama Software may cease to function or the Softarama Software may cease to function altogether.
Notwithstanding the above, the License shall automatically terminate if You fail to comply with any of its terms, both during and following the Term of the License, without prejudice to the rights of Softarama to compensation for damages in terms of the applicable law. Immediately upon such termination, any license granted hereunder shall terminate and You shall immediately return to Softarama or destroy all Copies of the Softarama Software in Your possession.

The terms of this Agreement which are intended to survive expiration or termination shall remain in effect.
16. Support

Softarama may provide You with support services related to the Softarama Software. Any obligation Softarama may have to support the previous version of the Softarama Software ends upon the expiration of the Term or the termination of the License, whichever is the earlier. Support may not be available in the language in which the Softarama Software was acquired.

17. Modifications

If Upgrades are granted, such Upgrades shall be accompanied by this or a new License. Such grant shall not extend the Term of the License granted hereunder. If the Upgrade is accompanied by a new License, and You do not accept the terms of such new License, You must notify Softarama within thirty (30) days of such grant. If you do so notify Softarama, your agreement with Softarama shall continue to be governed by this or the last License that you accepted, until the end of the Term. Following expiry of the Term, if you renew your license of the Softarama Software or you continue to pay your License fee, you will be deemed to have accepted the new license.

18. General Provisions

Any rights not expressly granted under this License Agreement are being reserved. This License is the entire agreement between You and Softarama with respect to this subject matter and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations, any additional terms or other similar communication between the parties. If any part of this License Agreement is found to be void, unenforceable or invalid, that part will be deemed stricken and will not affect the validity of the other License provisions. Failure by either party to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision.

19. Choice of Law

This License Agreement will be governed by and construed under the Laws of Israel, Europe excluding any conflict of rules of law. All disputes arising out of or in relation to this Agreement shall be submitted to the exclusive jurisdiction of the Courts of Israel. Softarama retains the right, at its option, to pursue any litigation arising from your use of the Softarama Software in your national Courts.

20. NOT FOR MISSION CRITICAL USE
You warrant that you understand and agree that the software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result is injury to persons or physical damage. SOFTARAMA specifically disclaims any express or implied warranty of fitness for such purposes.

21. BACKUP RESPONSIBILITY
The SOFTWARE PRODUCT is a system utility, and as such can make irreversible changes to the state of computer on which it is run and that SOFTARAMA cannot accurately predict or ensure the outcome in all possible scenarios, and therefore purchaser agrees to make and test a complete system backup and backup of all personal information before operating the SOFTWARE PRODUCT. You agree that you accept all responsibility for reversing or correcting any changes made by the SOFTWARE PRODUCT.

22. NO PERFORMANCE WARRANTY
SOFTARAMA specifically disclaims any warranty for the amount of performance increase or utility provided by the SOFTWARE PRODUCT. By purchasing this software and accepting this EULA you specifically agree that you understand that no representation or warranty is made by SOFTARAMA that the SOFTWARE PRODUCT will necessarily increase performance or provide a utility benefit on your computer, and that no claim of specific deficiency, defect, or underperformance has been made with respect to your computer. Any claims of performance increases or utility made for the software are those of possible or potential improvement or utility, and no warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall see a performance increase or utility benefit from the SOFTWARE PRODUCT. Your sole remedy for any dissatisfaction with the presence of or the degree or amount of performance improvement or utility shall be limited to the customer remedies described above.

23. ENTIRE AGREEMENT; SEVERABILITY
This EULA is the entire agreement between you and SOFTARAMA relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. This EULA specifically supersedes any EULA or license agreement that may be present within the SOFTWARE PRODUCT or its accompanying documentation. To the extent the terms of any SOFTARAMA policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.



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Users Rating:  
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Downloads: 266
Updated At: 2024-03-19
Publisher: Softarama Ltd
Operating System: windows
License Type: Free Trial