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.: End User License Agreement :.

Cream Software's software user license agreement


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Cream Software's software user license agreement
0. Preamble

ATTENTION. You should familiarize yourself with the following text before installing Cream Software Software. It is a legally binding agreement that grants the license to use the Cream Software Software. The software constitutes computer programs produced by "Cream Software - Rafal Platek", documentation in paper and electronic forms, unlock codes and this "Cream Software Software User License Agreement". Data media with the software are not part of the Cream Software Software.

Should not ALL the rules of this Agreement be agreed to, refrain from installing, copying, distributing or using of the Cream Software Software as a whole or any of its parts. The Cream Software Software is licensed not sold.

1. Copyright information

Unless stressed otherwise, both personal and property rights to all the components of the Cream Software Software are reserved to "Cream Software - Rafal Platek". This software is protected by the copyright law, international copyright treaties and other legislation and international treaties on the protection of intangible goods. Violation of these rights is subject to civil liability and criminal responsibility.

2. Agreement parties

The agreement is concluded by the two parties: "Cream Software - Rafal Platek", called henceforth the Licensor and Cream Software Software user, either a natural or legal person, called henceforth the Licensee.

3. Conclusion of agreement

The agreement is concluded by installing, copying by means of any method, distributing or any other use of the Licensor's Software.

4. The Licensee's rights

4.1. Distribution and copying of the Licensor's Software

Unlimited distribution and copying of the Licensor's Software is permitted by means of any media under the following terms and conditions:

  • Unlimited distribution and copying of the Licensor's Software is allowed in the unregistered version exclusively. Making the unlock codes available in any form without the consent from the Licensor, except for the instance described in the point 4.7. of this agreement, is prohibited and will be considered infringement of Agreement.
  • The Licensor's Software may be distributed and copied only in the form it was made available by the Licensor. Distribution and copying of the Licensor's Software in an incomplete or modified form, completion of the Licensor's Software with additional components and distribution and copying along with the unlock codes is prohibited.
  • Making the Licensor's Software available contingent on paying additional fees to a person who does it, transferring the cost of making the Licensor's Software physically available and normal profits from this title is prohibited.
4.2. Installing and using the Licensor's software

In order to assess the usefulness of the Licensor's software, the Licensor grants the Licensee permission to install and use a single copy of the Licensor's Software on one computer station and run the Licensor's Software trial version until the run limit imposed by the information included in Software is spent.

When the evaluation version run limit is spent, the right to use the Licensor's Software in the current version expires. Further use of the program is allowed only after paying the license fees to the Licensor and obtaining the unlock code by the Licensee from the Licensor. After receiving the unlock code, the Licensee has the right to install and use the Licensor's Software in the number equal to the chosen license type and number of license items amounting to the license payment and the obtained unlock code with the stipulation of the point 4.3 and 4.5. of this Agreement.

4.3. License types After the run limit of the evaluation version is spent, the Licensee can aquire the following license types, which allow the Licensee to continue using the Licensor's software under the presented terms for each of the licenses.
  • personal license - the Licensee, who paid the license fee and obtained the unlock codes authorizing them to use the Licensor's Software for personal purposes, is not entitled to use the Licensor's Software for commercial purposes. By commercial purposes we understand the indirect and direct use of the Licensor's Software for any gainful activity, the use of the Licensor's Software in business in particular. The Licensor's Software's Licensees can be natural persons exclusively.
  • commercial license - the Licensee, who paid the license fee and obtained the unlock codes authorizing them to use the Licensor's Software for commercial purposes, is entitled to use the Licensor's Software for any purpose, i.e. both personal and commercial, e.g. gainful activity. The Licensor's Software's Licensees can be natural persons and both non-profit and commercial organizations.
  • family license - the Licensee, who paid the license fee and obtained the unlock codes authorizing them to use the Licensor's Software for familial purposes, is entitled to install and use the Software on any number of computer machines installed at their own home. At the same time the license limits the Software installation and use to one location, i.e. one building. The Licensee is not autorized to use the Licensor's Software for commercial purposes. By commercial purposes we understand the indirect and direct use of the Licensor's Software for any gainful activity, the use of the Licensor's Software in business in particular. The Licensor's Software's Licensees can be natural persons exclusively.
  • site license - the Licensee, who paid the license fee and obtained the unlock codes authorizing them to use the Licensor's Software under the site license, is entitled install and use the Software on any number of computer machines installed in their own organization (e.g. company, school, bureau). At the same time the license limits the Software installation and use to one location, i.e. one building. The Licensee is autorized to use the Licensor's Software for any purpose, i.e. both non-commercial and commercial, e.g. gainful activity. The Licensor's Software's Licensees can be natural persons and both non-profit and commercial organizations.
4.4. Updating/Upgrading the Licensor's Software

After paying the license fee and obtaining the unlock code, the Licensee has the right to update the Licensor's Software to a newer version within the scope of the major number of the registered version. The major number is denoted by the first number in the version number of the Licensor's Software.

The Licensee is not entitled to receive the license to use the Licensor's Software in the version of a higher major number under preferential conditions.

After paying the license fee and obtaining the unlock code, the Licensee is entitled to purchase an upgrade of a higher major number at an upgrade price published in the price list and under terms and conditions described in the upgrade version purchasing offer only if the Licensor has made the decision to introduce the possibility of a partially-paid upgrade into the offer.

4.5. Backup copies of the Licensor's Software

After paying the license fee and obtaining the unlock code, the Licensee has the right to make one backup copy of the Licensor's Software. The use of the backup copy on an additional computer station (on a portable computer, for example) is allowed on condition that the backup copy will not be simultaneously used with the Licensor's Software installed on a different computer station.

4.6. Time and place of using the Licensor's Software

This "Cream Software Software End User License Agreement" is concluded for an unspecified time. The Licensee also has the right to use the Licensor's Software without territorial restrictions. The right to use Software pertains only to Software in the scope of the major number of the registered version.

4.7. Cession of the Licensor's Software

You agree that licenses for the Software may not be transferred, exchanged, distributed or resold to persons or entities other than the persons or entities who ordered this Software or upon whose behalf this Software has been bought without the express written permission of the Licensor.

The Licensee may distribute and copy the program under the terms and conditions specified in the point 4.1. of this Agreement before as well as after paying the license fees and obtaining the unlock codes.

5. Limitations

It is prohibited to:
  • translate, adapt, change layout or introduce any other changes or modification to the Licensor's Software. Modifications or other aforementioned changes constitute violation of the copyright law and this agreement.
  • rent or lend the Licensor's Software; the Licensor's Software must not be rent or lend by the Licensee.
  • deassemble, decompile or copy in any other way the code of the Licensor's Software or translate its form exceeding the permission resulting from appropriate rules of the binding law.

The Licensee is obligated to preserve the information about the copyright law on all copies of the Software.

6. Use of additional materials included with the Licensor's Software

After paying the license fee and obtaining the unlock code, the Licensee is entitled to use additional materials in the form of, e.g., templates included with the Licensor's Software to create their own websites. In this case the Licensor grants the Licensee permission to exercise dependent copyright.

7. Limited liability for any damage and decisions concerning the warranty

You understand and agree that the the Licensor makes no warrantee as to the functionality or suitability of its software products. You agree to accept sole and complete responsibility for any loss, damage or expense caused to you or to third parties as a result of your use of the Software, and to indemnify, hold harmless, and defend the Licensor and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the use of the Licensor's software products.

You agree that the Licensor's sole responsibility in the event that the software products you have licensed prove to be defective in the future is the attention of the the Licensor to said defects to the best of its abilities, and that you are not entitled to redress or compensation should the remedy of said defects prove to be beyond the capabilities of the Licensor or its suppliers. In case defects in the Licensor's Software occur, the Licensee can only exercise the rights described in the point 4.4. of this Agreement. These limitations do not apply to damages caused to the Licensee deliberately.

You agree that the the Licensor does not undertake to support the software products you have licensed, and payment for the software does not include payment for support of any kind. The the Licensor may at its discretion provide you with support services related to the software.

8. Dissolution of agreement

You agree that the Licensor shall have the right to terminate your license and your use of licensed products owned by the Licensor at such time as a breech of this agreement or of the specific license agreements for the software products is discovered by the Licensor, brought to your attention in writing and which remains unresolved for a period in excess of thirty (30) calendar days beyond the date upon which you are notified of said breech. Upon termination of your license, you will undertake to delete and destroy all licensed materials, copies thereof and unlock codes provided to you by the Licensor. The Licensor shall not be required to provide you with redress, compensation, replacement or refund in the event of the termination of your product licenses as the result of an agreement breech.

The Licensee's rights resulting from this Licensor's Software End User License Agreement expire the moment the agreement is dissolved. The Agreement is dissolved in case its rules are violated by the Licensee.

9. Consequences of the rights expiration to the use of the Licensor's Software

When the rights to use to Licensor's Software expire as a result of the spent run limit, expiration of the temporary license, dissolution of this Agreement or any other reason, the Licensee is obligated to desist from using the Licensor's Software and remove the Licensor's Software from all computer stations where it has been installed.

10. Jurisdiction - Selecting the proper law, the place of argument settlement, and referral

This Agreement is governed by the laws of the Republic of Poland. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Poland and further agrees to commence any litigation which may arise hereunder in the courts located in the the Licensor headquarters in Poland. In the matters beyond the decisions of this Agreement, appropriate rules of the civil code and the copyright law and related laws' acts apply.

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