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EULA - End User License Agreement

Please read the terms and conditions of the respective agreement carefully before installing, copying and using this computer software and the accompanying documentation.
Please find herewith end user license agreements (EULA) for the “tabbles” software licenses “Tabbles Corporate”; “Tabbles Business”; “Tabbles Home”; “Tabbles Student”; “Tabbles Free” and “Tabbles Portable”. The license agreement applicable to you depends on the type of license you are purchasing or otherwise copying or installing. By installing the respective version of the software, you agree to be bound by the respective EULA. If you do not agree to all terms of the respective agreement, please do not download, install or otherwise use the software product.
SOFTWARE “TABBLES PRO” LICENSE AGREEMENT

PREAMBLE

“TAG FORGE”, (hereafter: Tag Forge) LICENSES THIS SOFTWARE PRODUCT NAMED “TABBLES PRO” TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (THIS 'AGREEMENT' or 'EULA').
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING, COPYING AND USING THIS COMPUTER SOFTWARE AND THE ACCOMPANYING DOCUMENTATION (THE 'SOFTWARE'). THE SOFTWARE IS COPYRIGHTED. THIS SOFTWARE IS LICENSED TO YOU UNDER THIS EULA AND NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
THIS EULA IS A LEGAL AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU, AN INDIVIDUAL OR A SINGLE ENTITY AND TAG FORGE. THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH TAG FORGE RELATING TO THE SOFTWARE.
1. GENERAL
1.1 Software here means Software, image files, all accompanying files, data and materials received with your order of 'Tabbles Business'. By purchasing, installing, copying or otherwise using this Software, you agree to be bound by the terms of this Agreement. If you do not agree with any term or condition, do not download, order, open, install or use the Software.
2. GRANT OF LICENSE
2.1 You are hereby granted, upon the following terms and conditions, a non-exclusive, non-transferable “Tabbles Business” license, for end-use purposes only.
2.1.1. One Software Product licence can be installed and used by one single user only.
2.1.2. One Software Product license can be installed and used on not more than three (3) computers/OS instances, by one single user only. For each additional separate Computer/OS instance on or from which the Software is installed, used, accessed, displayed or run, additional license must be acquired.
2.1.3 You may store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other Computers over an internal network; within the conditions described in point 2.1.2 of this agreement.

2.2 You are permitted to make one copy of this Software Product into machine readable form for backup purposes only; however, you may not copy the printed materials that are part of this Software Product. You must mark the backup copy media of the Software Product as 'backup.' The backup copy of the Software Product is subject to the provisions of this Agreement, and all titles, trademarks, copyright notices and other legends shall be reproduced in the backup copy.
2.3 Technological measures might be applied in this Software to prevent unlicensed use of the Software. Tag Forge will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates.
2.4. Tag Forge might become aware of your IP number but will not disclose it to any party in any form.
3. SOFTWARE TRANSFER
3.1. Internal
You may move the Software to a different Computer/ OS instance within the limits provided in the Article 2 of this Agreement. You must completely remove the Software from the former Computer/OS instance in case the number of computers/OS instances in which the Software Product is installed, exceeds these limits.
3.2. To the Third Party
The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
4. RESTRICTIONS ON GRANT
4.1 Except as otherwise specifically permitted in this Agreement, you may not: (a) modify or create any derivative works of any Software or documentation, including translation or localization; (b) copy the Software except as provided in this Agreement or elsewhere by Tag Forge; (c) separate Software, which is licensed as a single product, into its component parts; (d) sublicense or permit simultaneous use of the Software by more than one user; (e) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Product the Software (except to the extent applicable laws specifically prohibit such restriction); (f) redistribute, encumber, sell, rent, lease, sublicense, use the Software in a timesharing or service bureau arrangement, or otherwise transfer rights to any Software. You may NOT transfer the Software under any circumstances; (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product(s); (h) publish any results of benchmark tests run on any Software to a third party without prior written consent of Tag Forge; or (i) use any Software on a system with more CPUs than the number licensed, by more users than have been licensed, on more computers or computing devices than the number licensed, or by more developers than the number licensed, as applicable.
5. LINKS TO THIRD PARTY SITES
5.1 You may be directed to third party sites through the purchase of this license. The third party sites are not under the control of Tag Forge, and Tag Forge is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Tag Forge is not responsible for any other form of transmission received from any third party sites.
6. ADDITIONAL SOFTWARE/SERVICES
6.1 This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Tag Forge may provide to you or make available to you after the date you obtain your initial copy of the Software, unless Tag Forge provides other terms along with the update, supplement, add-on component, or Internet-based services component. Tag Forge reserves the right to discontinue any of these services provided to you or made available to you through the use of the Software.
7. UPGRADES
7.1 To use Software identified as an upgrade, you must first be licensed for the software identified by Tag Forge as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.
8. PRODUCT SUPPORT
8.1 Tag Forge is under no obligation to provide technical support under the terms of this EULA, and provides no assurance that any specific errors or discrepancies in the Software will be corrected.
9. OWNERSHIP AND COPYRIGHT OF SOFTWARE
9.1 All rights, titles and interest in and to the Software and all copyright rights in and to the Software (including but not limited to any images, photographs, logos, animations, video, audio, music, text, and 'applets' incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Tag Forge. The Software is copyrighted and is protected by copyright laws and international treaty provisions. The Software is licensed, not sold. Licensee will not remove copyright notices from the Software. Licensee agrees to prevent any unauthorized copying of the Software. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Tag Forge. Tag Forge does not grant any express or implied right to you under Tag Forge patents, copyrights, trademarks, or trade secret information.
9.2 You will use your best efforts to cooperate with and assist Tag Forge in identifying and preventing any unauthorized use, copying, or disclosure of the Software, Documentation, or any portion thereof.
10. TERM OF THIS AGREEMENT
10.1 Your rights with respect to this Software shall commence on the date you accept the terms and conditions of this Software and obtain a licence.
10.2 User may terminate this Agreement at any time for any reason.
10.3 Tag Forge may terminate this Agreement in case the user breaches any clause of this Agreement.
10.4 Upon any expiration or termination of this Agreement, the rights and licenses granted to user under this Agreement shall immediately terminate, and you shall immediately cease using, and will return to Tag Forge or destroy all copies of the Software and all of its component parts, documentation, and all other tangible items in your possession or control that are proprietary to or contain Confidential Information.
11. MONEY BACK GUARANTEE

11.1 Tag Forge offers a 30-day money back guarantee. In order to be eligible for the 30-day purchase price refund, user must contact Tag Forge as soon as possible and by no later than within 30 days from the date of purchase in written form (e-mail, fax or letter).
11.2 Refund amount for a user cannot exceed the actual price paid to Tag Forge for software licence by that user.
11.3 In case Tag Forge approves a refund for the user, this user must immediately seize using the software and perform other actions as listed in point 10.5 of this agreement.
11.3 No refunds will be issued after 30 days.
12. DISCLAIMER
12.1 THE SOFTWARE AND DOCUMENTATION ARE LICENSED 'AS IS' AND WITH ALL FAULTS AND TAG FORGE DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, TAG FORGE EXPRESSLY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE.
13. LIMITATION OF LIABILITY
13.1 Provision of any Software under this Agreement shall not create any obligation for Tag Forge to continue to develop, produce, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party.
CUMULATIVE LIABILITY OF TAG FORGE TO YOU OR ANY PARTY RELATED OR NOT RELATED TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR INSTALLATION OR USE OF THE SOFTWARE AND DOCUMENTATION SHALL NOT EXCEED THE AMOUNT OF PURCHASE PRICE OF ONE LICENCE, IF ANY, PAID TO TAG FORGE BY YOU UNDER THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL TAG FORGE BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF TAG FORGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
As such, in no event shall Tag Forge, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of software.
13.2 In no event does Tag Forge authorize you to use this software in applications or systems where software’s failure to perform can reasonably be expected to result in breaching the laws, disturbing public order, a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold Tag Forge harmless from any claims or losses relating to such unauthorized use.
This software and all services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any your country, State or City law is strictly prohibited. This includes, but is not limited to: copyrighted material, threatening or obscene material, or material protected by trade secret and other statute. You agree to indemnify and hold Tag Forge harmless from any claims resulting from the use of this software, which may damage you or any other party.
14. GOVERNING LAW
14.1 This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Lithuania and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms shall be of the courts of the Republic of Lithuania.
15. ENTIRE AGREEMENT
15.1 This Agreement constitutes the complete and exclusive agreement between you and Tag Forge with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.
In the event of invalidity of any provision of this Agreement, the invalidity shall not affect the validity of the remaining portions of this Agreement.
The terms and conditions concerning confidentiality and restrictions on use shall remain in force even after any termination. Tag Forge may revise these Terms at any time and the revised terms shall automatically apply to the corresponding versions of the Software distributed with the revised terms. In case of controversy or inconsistency between translations of these Terms to other languages, the English version issued by Tag Forge shall prevail.
16. Publicity Rights
16.1 The Licensee grants Tag Forge the right to include the Licensee as a customer in Product promotional material.
16.2 Licensee can deny Tag Forge this right by submitting a written request via email to sales@tabbles.net, requesting to be excluded from Product promotional material. Confirmation of such denial (via reply email) must be received prior to purchasing for this exclusion to be effective.
16.3 Should the Licensee come to be or already be included in Product promotional material, as a result of any prior purchases where the Licensee did not request exclusion from Product promotional material, the Licensee can at any point in time, submit a written request via email to sales@tabbles.net to have Tag Forge remove the Licensee's name from Product promotional material. Upon receipt of such request, Tag Forge will remove any reference to the Licensee from such promotional material within 30 days and make no further reference to the Licensee.