YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT.
This End User License Agreement for Excalibur (“Software”) is a legal agreement between you (either an individual or an entity) and Excalibur (exc sp. z.o.o.). The Software may include on-line services using wire/wireless networks and any combination of such products and Alpha, Beta, trial, pre-release, free, pay and premium versions of the products. By clicking on the “Accept” button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE “CANCEL” BUTTON AND/OR DO NOT INSTALL THE SOFTWARE.
Installing this software implies that you have read this license agreement, understand it, and agree to be bound by its terms and conditions.
1. GRANT OF LICENSE.
- This program is free for non-commercial use and has no functional restrictions.
- You may use the Software for your personal use at home or for use in educational, charity or humanitarian organizations.
- You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
- You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
- You may not distribute pre-installed or portable version of the Software.
2. BETA RELEASE VERSIONS.
In the event that the Software is a beta release version, the terms of this Section shall apply. The beta release version software you are receiving can be modified functions, capabilities, features, specifications, general availability or other characteristics without further notice. You agree that the beta release versions are not suitable for production use and may contain errors affecting their proper operation.
3. AUTOMATIC COMMUNICATIONS FEATURES.
The Software consists of interactive Internet applications that perform a variety of communications over the Internet as part of their normal operation. The Software automatically communicates with Excalibur servers on the Internet to be able to provide its functionality but also to check for updates to Excalibur software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. Auto update sends information about installed Excalibur products and components to the servers to determine upgrade availability. You are responsible for any telecommunications or other connectivity charges incurred through use of the Software.
4. INTELLECTUAL PROPERTY RIGHTS OWNERSHIP.
Any and all intellectual property rights, including without limitation copyright protected materials such as source and object code and other digital assets, database rights, registered and unregistered trademarks and designs, patents or patentable inventions and know how (regardless if patentable or not) and all other similar rights in any jurisdiction, related to the Software is and shall remain our exclusive property, or (if applicable) of Excalibur. This EULA does not confer any ownership rights to you in any way and no such ownership rights shall be deemed to be assigned to you by implication or otherwise.
5. NO WARRANTIES. NO LIABILITY.
The Software is an incomplete version of the Software and is released for public beta testing subject specifically to the limitations of liability in this EULA. All use of the Software is on your own risk and liability
The Software is provided on an “as is” and “where is” basis. We hereby expressly disclaim any and all warranties for the Software, including without limitation (i) any warranties implied warranties of merchantability and fitness for any particular purpose, (ii) any warranties for freedom from viruses and (iii) freedom from infringement.
We expressly disclaim and will not accept any liability for any damages, claims, costs or expenses what so ever that may arise as a consequence of your use of the Software, regardless if such damages is direct, indirect, special, consequential, incidental, including without limitation damages for loss of business profits, loss of data, business interruption, loss of business information, or any other losses of any kind arising out of the use of or inability to use the Software, even if we are aware of the possibility of such damages and known defects.
6. BETA FEEDBACK INVITATION.
If you encounter errors or otherwise have comments to the Software, its user interface or functionality, you are invited to inform us of such errors or views at your discretion. You are under no obligation to provide such information, and we are under no obligation to implement any suggestions you may offer. However, if we do implement any such suggestions or views in future versions of the Software, you specifically agree that ownership in any related intellectual property rights to such suggestions will be our property and you will have no claim of ownership or compensation for our use thereof.
In addition to the foregoing, we will collect non-identifiable user and usage data from the Software in order to improve the functioning of the Software for public release.
This License Agreement will automatically terminate if you fail to comply with any term hereof. No notice shall be required from Excalibur to effect such termination. You may also terminate this License Agreement at any time by notifying Excalibur in writing of termination. Upon any termination of this License Agreement, you shall immediately discontinue use of the Software, or certify destruction of, all full or partial copies of the Software, documentation and related materials provided by Excalibur. Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement.
8. GOVERNING LAW AND DISPUTE RESOLUTION.
This EULA shall be governed by the substantive laws of Poland, without regard to its choice of law principles. Any disputes that may arise out of or as a consequence of this EULA or the use of the Software shall be finally determined by the courts of Poland.