Commercial Software License Agreement "CSLA" (for Continuity v2)
The Continuity software is provided under our Commercial Software License Agreement "CSLA".
Under this license, You may use the software for commercial or non-commercial purposes.
A copy of this license is provided in the Continuity installation files (.zip downloads) and must stay with the Continuity software.
IN NO EVENT SHALL THE LICENSOR, AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
"License" shall mean the terms and conditions for use and reproduction as defined by this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"You" (or "Your") shall mean an individual human user of the Continuity software exercising permissions granted by this License.
"Software" (or "Continuity") shall mean the Continuity software provided by Licensor that is (c) ARCWORX Ltd.
"Major Version Number" (or "Version") shall mean the number preceding the first decimal place of the Continuity software version number.
"Minor Version Number" shall mean the number following the first decimal place of the Continuity software version number.
(b) Grant of License
Subject to the terms and conditions of this Comercial Software License Agreement "CSLA", Licensor grants to You a non-exclusive, non-transferable
license to use the Continuity software for commercial or non-commercial purposes. You may use the Continuity software in executable format for Your
own use. Licensee may not, however, transfer or sublicense the Continuity Software to any third party, in whole or in part, in any form, whether
modified or unmodified.
(i) The license granted under this Commercial Software License Agreement "CSLA" commences when You download the Continuity software from the Licensor's web site
or otherwise obtain a copy of the Continuity software from a third party.
(ii) The license granted under this Commercial Software License Agreement "CSLA" is granted in perpetuity.
(i) The license granted under this Commercial Software License Agreement "CSLA" is granted for copies of the Continuity software whose Version is equal to or less than the Version specified in Schedule 1(a), attached to this license.
(ii) The license granted under this Commercial Software License Agreement "CSLA" does NOT extend to copies of Continuity that are of a Version that is greater than the Version specified in Schedule 1(a), attached to this license.
(e) Warranty Disclaimer:
(i) Licensor licenses, and You accept, the Continuity software "AS IS." ARCWORX Ltd. PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE Continuity Software,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PROGRAM IS WITH YOU. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PROGRAMS
WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE Continuity software WILL BE UNINTERRUPTED OR ERROR FREE.
(f) Maintenance and Support:
Licensor will provide to You the following support with respect to the Software:
(i) If during the 1st year of this Commercial Software License Agreement "CSLA", You notify Licensor of a substantial program error respecting the Continuity Software, or Licensor has reason to believe
that error exists in the Software and so notifies You, Licensor shall at its expense verify and attempt to correct such error in an unlimited timeframe. If You are not satisfied
with any correction made by Licensor, then You may terminate this Agreement, but without refund of any amount paid to Licensor or release of any amounts due Licensor
at the time of termination.
(ii) In the case that You have technical questions in the use of the Software during the 1st year of this Agreement, You may submit those questions to Licensor. Licensor
shall provide consulting to answer such questions without charge to You up to a maximum of sixteen (16) hours.
(g) Restrictions of Use:
(i) You may use the Continuity software for commercial or non-commercial purposes, whether in a commercial or non-commercial setting.
(ii) You may not: Modify, reverse compile, disasseble or otherwise reverse engineer the Continuity software or allow anyone else to do so unless required to do so by
(h) Duplication of Software:
(i) You may make as many copies of Continuity as You like and install the software on as many computers as You like.
(ii) If you do duplicate or have duplicated Continuity in any way then this license must travel with the duplicated software.
You expressly acknowledge and agree that:
(i) This Commercial Software License Agreement "CSLA" grants no rights of ownership in Continuity.
(ii) Continuity is copyright (c) ARCWORX Ltd., all rights reserved.
(j) Limitation of Liability:
You expressly acknolwedge and agree that: ARCWORX Ltd. shall not be liable for loss of profit, loss of business, other financial loss, or other damages which may be caused, directly or indirectly,
by the Continuity software for any purpose or use thereof or any defect or deficiency therein.
(a) This license is applicable for Continuity software Version(s): 2 (two), including all Minor Version Number(s) thereof.