esProc (Standard Edition) End-User License Agreement

The license involved in this Agreement is valid only for the current version of esProc software Standard Edition(hereinafter referred to as the Software), excluding future releases.
The Company in this Agreement refers to Scudata Ltd..

IMPORTANT-READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT WILL USE THE PRODUCT AND THAT YOU REPRESENT AS AN EMPLOYEE OR AUTHORIZED AGENT) AND SCUDATA FOR THE ESPROC SOFTWARE ACCOMPANYING THIS AGREEMENT, WHICH MAY INCLUDE APPLICATION SOFTWARE, DEMO EXAMPLES, ONLINE DOCUMENTATION, PRINTED MATERIALS AND ANY SUPPLEMENTARY MATERIALS THAT MAY HEREAFTER BE PROVIDED BY THE COMPANRY. BEFORE CONTINUING WITH THE INSTALLATION OF THE SOFTWARE, YOU MUST READ, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT THAT FOLLOWS.

The Company is the owner of all intellectual property that permitted, rented or sold to you, and is entitled to permit, rent or sell you the intellectual property.
The Company grants you the nonexclusive license to the use and copy of the Software according to this Agreement, and you accept this license agreement. Once you download the Software or pay the full purchase price, you will acquire the software license according to the Agreement. The license grants no other uses beyond this agreement, even it is declared or default.
Once you install, copy, download, access or use the Software in any other ways, you agree to be bound by the terms of this Agreement. If you do not agree to the terms in this Agreement, please do not install or use the Software.

RIGHTS and OBLIGATIONS

  1. Users can install, use, access, display and run the Software on single or multiple workstations (including servers and virtual servers) whose number is defined by that of the licenses they have. They shall not exceed the granted scope of use and quantity.
  2. Users can integrate and distribute the released runtime library in the Software, and apply it to commercial goals without having to pay the Company any more.
  3. Except as permitted by this Agreement and with the Company's prior written consent, users shall not sublicense or otherwise provide the Software in whole or in part.
  4. In the event of a software transfer, users shall transfer all copies of the original document and its accompanying documents to the transferee, or destroy all untransferred copies.
  5. Users are not allowed to decompile and reverse engineer the binary code of the Software for any purpose.
  6. Once users use the Software, they shall not file a lawsuit against the Company for any intellectual property matters in the Software.

COPYRIGHT AND OWNERSHIP

  1. The Software and its documentations are protected by the Copyright Law, and copyrighted by Scudata Ltd.. The copyright or technology of the Software or any part of it will not transferred to the user because of the license.
  2. Users shall not remove the copyright declaration from the Software.
  3. Users shall acknowledge that the Software is the secret, exclusive information and business secret of the Company. Whether the Software or any part of it has acquired or will acquire the copyright and (or) patent or not, it is still licensed to users based on the confidentiality agreement defined in this Agreement between users and Scudata Ltd..
  4. Users accept that each set of the Software product has a unique and non-rewriteable identification number. If it is found that the Software circulating on the market that is not sold by the Company through any official means and channels comes from the original owner of the Software product, the original owner is obliged to assist the company to investigate the source of the illegal circulation. If the original owner cannot provide evidence to prove that there is no violation of this Agreement, the Company will deal with it in accordance with the signed Agreement and relevant laws, depending on the specific circumstances.
  5. The Software brand ownership and usufruct are exclusively owned by Scudata Ltd.. This Agreement does not authorize any rights to users about using the brand of the Software.
  6. The Company has the right to execute different license agreements for future versions the Software without notice, but the downloaded versions will not be affected.

WARRANTIES DISCLAIMER

  1. the Company warrants that, within 15 days since you purchased the Software, you could appeal to the Company to correct or change it under the condition that the Software had been tested and indeed have vital error. That is the only obligation that the Company has under WARRANTIES DISCLAIMER part.
  2. This WARRANTIES DISCLAIMER explicitly replace any other declared or implied warranties, including (but not be limited to) the implied warranties of commerciality and adaptability for the special use purpose.
  3. The Company does not warrant the Software and (or) the related documentation (if there is any) meet users' needs, have no errors, or manipulate uninterruptedly. Users will undertake all the risks of quality and capability.
  4. Whether or not users follow this Agreement, the Company does not have the responsibility to compensate for the special loss, sundry loss or consequential loss (including but not be limited to commercial loss, business interruption loss, business information loss or other economic losses), even if the Company has been notified of the loss probability.

LICENSE TERMINATION

  1. If users neglect or failed to fulfill and undertake the obligations in this Agreement, the Company is entitled to terminate license at any time without refunding paid fees, with no responsibility of any loss might incurred.
  2. When the license is terminated, users shall destroy all source files and copies of the Software or return them to the Company.