IMPORTANT NOTICE
Use and/or possession of encrypting software may be considered a criminal action in certain countries. Ensure yourself that the use of this software is allowed in your country. Moreover, by installing, operating, copying, distributing, or otherwise using SGA_CLK5, you agree to the terms of this Shareware License Agreement. If you do not agree to the terms of this Agreement, DO NOT INSTALL SGA_CLK5.
LICENSE
Conditioned on your honouring the terms of this Agreement, CIFFERLIB grants you a non-exclusive, non-transferable license (the "License") to install and use the current version of CIFFERLIB’s software product SGA_CLK5, including the accompanying user documentation and any later versions within the same major release series (collectively, "SGA"), for your personal, lawful, non-infringing use on up to three (3) personal computers or workstations in accordance with this Agreement. A separate License for each personal computer and workstation after the third or for which you do not personally use must be purchased.
TRIAL PERIOD. The License extends for a single Trial Period of 10 days following your first installation of SGA_CLK5 to permit you to evaluate SGA_CLK5. The License will terminate automatically at the end of the Trial Period unless you register your copy of SGA_CLK5 first. You may not use SGA_CLK5 for more than one Trial Period.
LONG TERM LICENSE. If you register your copy of SGA_CLK5 with CIFFERLIB and pay the License Fee, the License will remain in effect perpetually unless terminated as provided below.
TRIAL DISTRIBUTION.
a. You may provide copies of SGA_CLK5 to others for their trial use so long as you: provide exact, unmodified copies of SGA_CLK5 in the form of the self-installing .exe file or the ZIP file received from CIFFERLIB, including all accompanying files, this Agreement, and all copyright, trademark, proprietary, and other notices;
b. do not charge or collect any monetary or other compensation for or in connection with SGA_CLK5, apart from a modest reproduction or handling fee; and
c. reference CIFFERLIB as the sole source of SGA_CLK5 and reference the official SGA_CLK5 website.
BACK-UP COPIES. You may make up to two exact, unmodified copies of SGA_CLK5 solely for your own back-up or archival use.
PROHIBITED ACTS. You may not:
a. sublicense, sell, lease, permit use of, give, lend, distribute, release, provide access to, or in any way transfer SGA_CLK5 or any copy or portion thereof, except for Trial Distribution as permitted above;
b. use SGA_CLK5 to provide service bureau or time-sharing services to any other party;
c. make any copies of SGA_CLK5 except as permitted herein;
d. modify, enhance, or prepare derivative works based on SGA_CLK5;
e. decompile, disassemble, reverse engineer, analyse, or otherwise attempt to discover the source code of SGA_CLK5;
f. use or incorporate SGA_CLK5 or any portion thereof in any other product without the prior written permission of CIFFERLIB; or
g. remove, alter, or obscure the copyright, trademark, proprietary, or other notices from CIFFERLIB or any of its screen displays.
SALE PRICE. SGA_CLK5´s sale price is 100 Euros for one single licence an 400 Euros for 5 Licences, and its use is subjected to the registration of the buyer in CIFFERLIB´s database.
PROPIETARY RIGHTS. Title to, ownership of, and all copyrights and other intellectual property rights in SGA_CLK5 and all copies thereof shall remain solely in CIFFERLIB. CIFFERLIB is protected by Spanish copyright and other intellectual property laws and by international treaties. CIFFERLIB reserves to itself all rights not expressly granted in this Agreement. No Warranty. SGA_CLK5 and all related support and advice are provided "AS IS" and without warranty of any kind. CIFFERLIB disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
OTHER DISCLAIMERS. CIFFERLIB does not warrant that SGA_CLK5 will meet your specific needs or requirements, nor that the operation of SGA_CLK5 will in all instances be uninterrupted or error-free. Because software is inherently complex and may not be completely free of errors, you must verify all results before relying on them.
EXCLUSION OF DAMAGES. CIFFERLIB shall not be liable for any direct, indirect, consequential, special, incidental, or other damages, including but not limited to damages for lost profits, interruption of business, lost or corrupted data or programs, system crashes, or diversion of system or other resources, arising out of or relating to this Agreement or the performance, quality, results, use of, or inability to use SGA_CLK5 or any support, advice, products, or services which are or should have been provided to you, even if CIFFERLIB has been advised of the possibility of such damages.
TECHNICAL PROTECTION. SGA_CLK5 may contain technical protections that restrict use to certain equipment, to a single personal computer or workstation, or to a certain time period, and may provide other restrictions, all of which shall be consistent with the License. CIFFERLIB shall not be liable for any damages incurred as a result of such technical protections or the failure of SGA_CLK5 to operate outside the scope of the License.
NO THIRD PARTY CLAIMS. CIFFERLIB shall not be liable for any claim asserted against you by any other party, including but not limited to claims for infringement of copyright or other intellectual property rights.
TIME TO FILE ACTION. No action arising under or relating to this Agreement, to SGA_CLK5, or to any support, advice, products, or services which are or should have been provided to you, may be filed more than one year after the cause of action accrues.
APPLICABILITY. Some jurisdictions do not permit the exclusion or limitation of implied warranties or consequential damages, so some of the above exclusions or limitations may not apply to you.
TERMINATION FOR BREACH. CIFFERLIB may terminate the License with or without cause at any time immediately and without notice if you materially breach any term of this Agreement or infringe any of CIFFERLIB’s rights in SGA_CLK5.
TERMINATION WITHOUT BREACH. CIFFERLIB may terminate the License upon ten days written notice if CIFFERLIB believes that your use of SGA_CLK5 may infringe any third party rights. If such termination occurs within 24 months of your first installation of SGA_CLK5, CIFFERLIB will provide you a modified, non-infringing version of SGA_CLK5 and reinstate the License.
Duties on Termination. Immediately upon termination of the License, you must stop using SGA_CLK5 and destroy all copies of SGA_CLK5 within your possession, custody, or control.
NO ASSIGNMENT. You may not assign, sublicense, or otherwise transfer the License or any other rights arising under this Agreement. Any purported transfer in violation of this paragraph shall be void
ENFORCEMENT COST. You agree to reimburse CIFFERLIB for all costs, including reasonable attorney’s fees, incurred to enforce any of CIFFERLIB’s rights under this Agreement or in SGA_CLK5 or to defend any claims you assert unsuccessfully against CIFFERLIB.
SEVERABILITY. Any provision of this Agreement which is held to be unenforceable as written shall be enforced to the fullest extent permissible and shall not affect the validity of any other provision of this Agreement.
GOVERNING LAW AND FORUM. This Agreement shall be governed by and construed in accordance with the laws of Brazil. All disputes arising under this Agreement or in connection with SGA_CLK5 shall be resolved in the courts serving Brazil, including that actions for infringement of intellectual property rights.
ENTIRE AGREEMENT. This document states the complete, final, and exclusive agreement concerning your possession, operation, copying, distribution, and other use of SGA_CLK5 and supersedes all earlier oral or written agreements, proposals, marketing materials, representations, promises, and other communications between you and CIFFERLIB. The terms of this Agreement may only be amended, waived, or supplemented by a later writing signed by you and CIFFERLIB.
ADDITIONAL INFORMATION. If you have questions or desire additional information about SGA_CLK5 or CIFFERLIB’s software use or privacy policies, please contact [email protected]
