This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and LAVA SoftWorks for the LAVA SoftWorks software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT") and elements that can be used within the SOFTWARE PRODUCT ("CONTENT PACKAGES"), either if they are created either by LAVA SoftWorks or its personnel or its associates or its collaborators, or any user that has access to the LAVA SoftWorks' icomancer Website ("SOFTWARE WEBSITE") using an ACCOUNT, either free ("FREE ACCOUNT") or obtained by paying a fee ("STANDARD ACCOUNT").
By installing, copying, or otherwise using the SOFTWARE PRODUCT and any CONTENT PACKAGES, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and LAVA SoftWorks, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT or any of its CONTENT PACKAGES.
The SOFTWARE PRODUCT is protected by copyright
laws and international copyright treaties, as
well as other intellectual property laws and treaties.
The SOFTWARE PRODUCT is licensed, not sold. CONTENTS PACKAGES for the SOFTWARE PRODUCT are also licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT and its CONTENT PACKAGES are licensed as follows:
(a) Installation and Use.
LAVA SoftWorks grants you the right to install and use copies of the SOFTWARE PRODUCT on an specific amount of computers (as specified below) running a validly licensed copy of the Microsoft Windows operating system. You're also entitled to download and install any CONTENT PACKAGES allowed by your account type, either if it is a FREE ACCOUNT or a STANDARD ACCOUNT, from the SOFTWARE WEBSITE. Downloading and installing CONTENT PACKAGES from any place other than the SOFTWARE WEBSITE is not allowed.
(i) License modes
"Free License" mode is obtained by downloading and installing the SOFTWARE PRODUCT from
either the SOFTWARE WEBSITE or any of its authorized third-party
websites, and it can be used by individuals or representatives for companies with up to ten employees. Free License mode is set to FREE ACCOUNTS.
"Standard (non-free) License" mode is set to a STANDARD ACCOUNT by purchasing from LAVA SoftWorks an account upgrade for a FREE ACCOUNT. STANDARD ACCOUNTS for companies with up to ten employees can have only one Non-free license.
"Corporate License" mode is set to a FREE ACCOUNT or a STANDARD ACCOUNT that has been upgraded by purchasing from LAVA SoftWorks at least one Corporate License Pack. Companies with more than ten employees can not have FREE ACCOUNTS or STANDARD ACCOUNTS unless they purchase a Corporate License Pack.
(ii) Use with a Free License or a Standard License for Individuals and Companies with up to ten Employees
As individual or representative for an entity or company with up to ten employees, you're entitled to install and use the SOFTWARE PRODUCT for personal and commercial use in up to ten computers, either physical (hardware-based) or virtual (software-based), as long as they share the same FREE ACCOUNT or STANDARD ACCOUNT. No individual or company with up to ten employees may install and use the SOFTWARE PRODUCT in more than ten computers. If more than ten computers within the same entity or company with up to ten employees are needed to run the SOFTWARE PRODUCT, CORPORATE LICENSE PACKS must be purchased.
(iii) Use with a Corporate License for Companies with more than ten Employees ("CORPORATE LICENSE PACK")
As representative for an entity or company with more than ten employees, you're entitled to install and use the SOFTWARE PRODUCT for personal and commercial use in up to six computers, either physical (hardware-based) or virtual (software-based), using a CORPORATE ACCOUNT. No company with more than ten employees may install and use the SOFTWARE PRODUCT in more than six computers per CORPORATE LICENSE PACK. A CORPORATE ACCOUNT can have as much CORPORATE LICENSE PACKS as needed to run the SOFTWARE PRODUCT in more than six computers. Every CORPORATE LICENSE PACK may be purchased separately.
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT and any of its CONTENT PACKAGES as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT or any of its CONTENT PACKAGES.
You may freely distribute FREE VERSIONS of the SOFTWARE PRODUCT to third parties. CONTENTS PACKAGES downloaded from the SOFTWARE WEBSITE may not be distributed or shared by any means.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT or any CONTENTS PACKAGE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE PRODUCT or any CONTENTS PACKAGE.
(e) Support Services.
LAVA SoftWorks may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code or CONTENT PACKAGES provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT and its CONTENT PACKAGES.
Without prejudice to any other rights, LAVA SoftWorks may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and CONTENT PACKAGES in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by LAVA SoftWorks or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content, for each CONTENT PACKAGE comes with its own copyright terms. All rights not expressly granted are reserved by LAVA SoftWorks.
Mentioned brands, trademarks and other elements rights may be reserved by its owners.
LAVA SoftWorks doesn't claim any copyright on elements created by you and published to the SOFTWARE WEBSITE and shared with other users, either of the SOFTWARE PRODUCT or the SOFTWARE WEBSITE using either a FREE ACCOUNT or STANDARD ACCOUNT. Contents created with the SOFTWARE PRODUCT and shared with other users are your full responsibility.
5. NO WARRANTIES
LAVA SoftWorks expressly disclaims any warranty for the SOFTWARE PRODUCT or its CONTENT PACKAGES. The SOFTWARE PRODUCT and the CONTENT PACKAGES are provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. LAVA SoftWorks does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT or its CONTENT PACKAGES. LAVA SoftWorks makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. LAVA SoftWorks further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall LAVA SoftWorks be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT or its CONTENT PACKAGES, even if LAVA SoftWorks has been advised of the possibility of such damages. In no event will LAVA SoftWorks be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. LAVA SoftWorks shall have no liability with respect to the content of the SOFTWARE PRODUCT or contents created with the SOFTWARE PRODUCT or contents created for CONTENT PACKAGES or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.