AtelierWeb Software License Terms and Agreement for AWRCP (Atelier Web Remote Commander Professional) IMPORTANT: DO NOT CLICK ON THE "Buy" BUTTON, EITHER INSIDE THE SOFTWARE OR IN THE WEBSITE, UNTIL YOU HAVE READ THIS AGREEMENT. BY CLICKING ON THE "Buy" BUTTON, YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT DO NOT CLICK ON THE "Buy" BUTTON, AWRCP ("Software") is licensed, not sold, to you for use only under the terms of this License Agreement ("Agreement"). AtelierWeb Software ("Licensor") continues to own the Software and reserves any rights not expressly granted to you. 1. GRANT OF LICENSE. The Licensor grants to you, subject to the terms and conditions of this Agreement and payment of all applicable license fees, a nonexclusive, non-transferable right to use the Software. This Agreement grants to you the right to install and use the Software on a number of computers up to the Seats number specified in your purchase. The term "Licensed User" means the user to whom Licensor issues an Unlocking Code and License Password to enable the Software upon such user's acceptance of the terms of this Agreement and payment of the applicable license fee. Ownership of, and title to, the Software and any manuals, guides or any other printed material that Licensor provided to you for use with the Software ("Documentation") is and will be held by Licensor and its licensors. 2. PROTECTION OF SOFTWARE. You acknowledge that the source code for the Software and other trade secrets embodied in the Software have not been, and are not going to be, disclosed to you. Modifications of, additions to, or deletions from the Software (including any deletion or addition of code) are strictly prohibited. Except as specifically permitted in this Agreement, you agree not to, directly or indirectly, (1) use any Confidential Information to create any software or documentation that is similar to any of the Software or Documentation; (2) reverse engineer, disassemble or decompile the Software; (3) encumber, transfer, sublicense, rent, lease, time-share or use the Software in any service bureau arrangement; or (4) copy (except as provided herein), distribute, manufacture, adapt, create derivative works of, translate, localize, or otherwise modify Software or permit any third party to engage in any of the acts proscribed in clauses (1) through (4). You agree not to remove or alter any printed or on-screen copyright, trade secret or other legal notices contained on or in the Software or the Documentation. 3. OWNERSHIP. Licensor retains all of its respective rights, title and interest in the Software and the Documentation, including without limitation any and all patents, patent applications, copyrights, trade secrets, trademarks and other intellectual property rights, and you agree not to take any action inconsistent with such title and ownership. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE MAY CONTAIN CODE OR REQUIRE DEVICES THAT DETECT OR PREVENT UNAUTHORIZED USE OF THE SOFTWARE 4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. .1 Disclaimer of Warranty. YOU ACKNOWLEDGE THAT THE SOFTWARE AND THE DOCUMENTATION ARE BEING SUPPLIED TO YOU ON AN "AS IS" BASIS. LICENSOR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE SOFTWARE AND THE DOCUMENTATION, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE AND COURSE OF DEALING. LICENSOR DOES NOT WARRANT THAT (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR (C) DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. To the extent permissible, any implied warranties are limited to ninety (90) days. 4.2 Limitation of Liability. LICENSOR'S LIABILITY FOR DAMAGES TO LICENSEE FOR ANY CAUSES WHATSOEVER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, SHALL NOT EXCEED THE AGGREGATE FEES PAID BY Y0U FOR THE SOFTWARE. LICENSOR SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SOFTWARE, THE DOCUMENTATION OR THIS AGREEMENT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. 5. USER INFORMATION. 5.1 Registration. To register the Software you will be required to enter the unique Unlocking Code and to Activate (connection to the internet is required for this, but if you do not have an internet connection there is an alternative offline procedure) you will be required to enter the License Password. You are responsible for maintaining the confidentiality of your Unlocking Code and License Password. The same Unlocking Code will be used to register all the Seats you purchased. After purchase, you will be provided with a License Control Panel from where you will be able to change the License Password and Email Address. You will also be able to view the Seats you have activated. 5.2 Seat Management You can Deactivate Seats from some computers and Activate them on other computers any number of times. Deactivation must be done in place on the computer being Deactivated, not from the License Control Panel. If you do not have anymore physical access to that computer, you can contact the Licensor providing the name of the computer you need to deactivate the Seat for. There is a cooling period of 48 hours before the Deactivated Seat is returned to the pool of available Seats. 6. EVALUATION VERSION Provided that you verify that you are distributing the Evaluation version (select the About in the main menu of the Software to check) you are hereby licensed to make as many copies of the Evaluation version of the Software and Documentation as you wish; give exact copies of the original Evaluation version to anyone; and distribute the Evaluation version of the Software and Documentation in its unmodified form via electronic means. There is no charge for any of the above. You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the Software and/or Documentation with other products (commercial or otherwise) without prior written permission from Licensor. 7. GENERAL In the event that any provision of this Agreement shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of this Agreement. 7.1 Severability. In the event that any provision of this Agreement shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of this Agreement. 7.2 Waiver. The waiver by either party of a breach or a default of any provision of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. 7.3 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties with regard to the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral, as to such subject matter. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. 7.4 Assignment. This Agreement and the rights and obligations hereunder, may not be assigned, in whole or in part by Licensee, without the prior written consent of Licensor. In the case of any permitted assignment or transfer of or under this Agreement, this Agreement or the relevant provisions shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and assigns of the parties hereto. 7.5 Privacy. During Activation no personal information or information about your computer configuration is transferred. It is transferred only the Computer Name, the License Password, and a one-way hash that guarantees the uniqueness of identification. On the first Activationthe Email Address you used when purchasing is also transferred. Currently, the Activation Server is not lodged in the Licensor website but with a reputable and established company with more than fifteen years in business called Softworks. 8. LAW This agreement shall be governed by the laws of the Republic of Portugal. 9. ACKNOWLEDGMENTS You acknowledge that (a) you have read and understand this Agreement; and (b) that this Agreement has the same force and effect as a signed agreement.