ScreenTwin 1.0

EULA - End User License Agreement

ELECARD END USER LICENSE AGREEMENT

FREEWARE LICENSE

This End User License Agreement ("EULA") is a legal binding agreement between you (either an individual or a single entity) and Elecard Ltd, a company duly incorporated under the laws of Russian Federation with its principal offices at 3 Razvitiya Ave., Tomsk, 634021, Russia ("Elecard").

NOTICE TO USER: YOU MAY NOT USE THIS SOFTWARE EXCEPT IN COMPLIANCE WITH THIS EULA. If you do not agree to the terms and conditions of this EULA, you are not authorized to use the Software in any way, including but not limited to downloading, installing or copying the Software.

1. DEFINITIONS

“Software” means all of the contents of the files, disk(s), CD-ROM(s) or other media with which this EULA is provided;

2. COPYRIGHT

All right, title and interest in the Software are owned by Elecard, and the Software is protected by copyright and other intellectual property laws and by international treaties.

3. GENERAL USE

3.1. This Software is being distributed as freeware. It may be freely used, copied and distributed as long as it is not sold, and all original files are included, including this license.

4. RESTRICTIONS

4.1. You may not alter, merge, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form, including but not limited to source code;
4.2. You may not sell, rent, lease the Software whether as a stand-alone product, or as part of your own product;
4.3. You may not remove or alter any of trademarks and other proprietary notices in the Software.

5. TERMINATION

This EULA will immediately and automatically terminate without notice if you fail to comply with any term or condition of this EULA. You agree upon termination to promptly destroy the Software together with all of its component parts, prior and replacement versions, and all copies, modifications and merged portions thereof in any form.

6. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

6.1. This Software is provided on an "AS IS" basis and without warranty, express or implied, including without limitation the warranties that it is FREE OF DEFECTS, VIRUS FREE, , ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ELECARD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, ELECARD COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

7. MISCELLANEOUS

7.1. This EULA shall be governed by the UNIDROIT Principles of International Commercial Contracts (“Principles”) and, in respect of matters which are not governed by the Principles, by law, which is applicable in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce.
7.2. In case you have any questions concerning this EULA or if you desire to apply for an additional license from Elecard, please contact sales@elecard.com