All rights reserved.
Use of the software contained in this package has been granted under the terms described in the Software License Agreement. The user thereof may not make copies of the software except as permitted in the Software License Agreement. This program can be used both in a single user and in an individual workstation (or substitute), therefore, you must obtain a license for each terminal or workstation where you wish to use the software, respectively.
The reproduction or copying, modification, public communication, distribution and any other type of transfer of this manual without the authorization of the owner of the exploitation rights constitutes a crime against intellectual property.
The software and related materials are covered by a 30-day limited warranty. Except for the provisions of the guarantee, SERVICOMPUT, S.A., does not make any additional statement, guarantee or condition, whether implicit or explicit, by agreement between the parties or otherwise, including without limitation the guarantees and conditions of utility and purpose product essential. In no case will SERVICOMPUT, S.A. be liable for any damage to the user or third parties derived directly or indirectly from the use of this software, which exceeds the price paid for it, whatever the type of claim.
LICENSE CONDITIONS
Important: This agreement contains license terms and a warranty for the software contained in the enclosed sealed package. Opening the enclosed sealed software package signifies your acceptance of the terms of this agreement.
If you do not agree with the conditions of the license of use, immediately return the package containing the magnetic support without tampering with its interior together with the accompanying products.
LICENSE
1. GRANT OF LICENSE: The property object of this license of use, including industrial and intellectual property rights, belongs to SERVICOMPUT, S.A.U., (including magnetic support, manuals and any other material that is delivered with the product).
SERVICOMPUT, S.A.U. hereby grants the client an exclusive and non-transferable license to use the authorized software, which can be used according to the characteristics of the product on a single workstation or by a group of computers connected by a local network if this option is contracted.
The single installation of the product is exclusively for use under a single license.
2. REPRODUCTION RESTRICTIONS: The software subject to this license incorporates a copy protection mechanism. Therefore, the client may only back up their data, following the instructions of SERVICOMPUT, S.A.U. No copies of the licensed software may ever be made.
3. CUSTOMER COMMUNICATION OF RESTRICTIONS: Customer will communicate the terms of this License Agreement to any person employed by Customer or under Customer's direction and control who is to use the Licensed Software.
4. CUSTOMER COMPLIANCE AND UNAUTHORIZED USE: Customer agrees to use reasonable efforts to ensure that persons employed by Customer or under Customer's direction and control comply with the terms of this License Agreement, including, without limitation, not knowingly allowing anyone to use any part of the licensed software for the purpose of deciphering its source code. If the customer becomes aware that the authorized software is being used by such persons in a manner not authorized by this agreement, it must use all means at its disposal to immediately cease such use. The client must notify SERVICOMPUT, S.A.U. in writing of any unauthorized use of the software, if such use does not cease immediately when the offender has been informed of this situation. 5. THIRD PARTY SOFTWARE: The authorized software is protected by Copyright and other property rights of SERVICOMPUT, S.A.U., and, depending on the authorized software provided, of third parties. Customer may be directly liable to such third parties for acts or omissions by Customer or Customer in connection with Licensed Software that are not authorized by that Agreement.
6. WARRANTY: SERVICOMPUT, S.A.U., guarantees the proper functioning of its applications. But it will not guarantee that the operation of the software will be uninterrupted, nor that the benefits of the program are those that in the opinion of the client should be fulfilled. If the application contains an error, SERVICOMPUT, S.A.U. undertakes to solve it as soon as possible.
SERVICOMPUT, S.A.U., will not be held liable for direct or indirect damage resulting from the use or impossibility of using the application, including the loss of data that occurs on the occasion of, or in relation to, the use of the authorized software. Likewise, it is not responsible for lost profits, either directly from the user or from third parties, which due to a malfunction, misuse or interruption of the service may cause the supplied software.
The maximum liability of SERVICOMPUT, S.A.U., will be limited to the return of the amount paid for the license, or the replacement of the software, always within a maximum period of 30 days from the date of purchase. This return or replacement will be made effective at the place where you purchased the product. This warranty lasts for three months from the date of purchase.
This limited warranty is void if the software defect is the result of accident, abuse, or misapplication.
7. EXCLUSION OF LIABILITY: SERVICOMPUT, S.A.U. does not grant any other warranty for the authorized software and any liability of SERVICOMPUT, S.A.U. is expressly excluded for breach of any other warranty or condition, express or implied, by this or any other means, including any liability for indirect or consequential loss or damage (including loss of data) arising out of or in connection with the use of the Licensed Software. SERVICOMPUT, S.A.U. will not be liable for any guarantee or representation made by a person other than SERVICOMPUT, S.A.U. (including, but not limited to, SERVICOMPUT, S.A.U. distributors).
8. USE OF SOFTWARE: SERVICOMPUT S.A.U., expressly warns that the software object of this contract has been created, developed and programmed for its use in accordance with the applicable territorial legislation, for which it informs that it must be dedicated solely to purposes that result compatible and protected by it. SERVICOMPUT S.A. U. will not be responsible for the improper use of the software by the client or third parties, for which it declines all guarantees, coverage and responsibility for damages, sanctions or any other consequence that may derive from its use for unauthorized purposes or other than that for which it has been developed.
9. DEFENSE OF PATENT AND COPYRIGHT: SERVICOMPUT, S.A.U., will defend the client against any claim that the authorized software violates or infringes the patent, industrial secret or Copyright rights in force in the country of delivery to the client. To this end, SERVICOMPUT, S.A.U. may pay what is established for this purpose by final judgment, as long as the client has notified SERVICOMPUT, S.A.U. immediately in writing of any claimed violation and allows SERVICOMPUT, S.A.U. to defend and collaborate with it. SERVICOMPUT, S.A.U., will not accept any responsibility for litigation expenses or disbursements unless expressly agreed in writing in this regard. To avoid any possible infringement, even without having been alleged, SERVICOMPUT, S.A.U., may, at its discretion and without charge to the client, obtain a license or modify the authorized software or replace it with equivalent software, or for this reason, the rights software license fees paid by the customer will be fully refunded. SERVICOMPUT, S.A.U. will not accept any responsibility for infringement due to the adaptation of the authorized software to accommodate it to the client's specifications, or to use or sell it in combination with equipment, software or products not provided by SERVICOMPUT, S.A.U. The foregoing establishes the sole responsibility of SERVICOMPUT, S.A.U., for violation of any patent, industrial secret, Copyright or other industrial property rights.
10. AUTHORIZED SOFTWARE UPDATES: SERVICOMPUT, S.A.U. may, at its sole discretion, offer the client authorized software updates. SERVICOMPUT, S.A.U., reserves the right to demand the payment of an additional price for said updates. The customer may, of course, refuse such updates.
11. CUSTOMER'S SELECTION OF AUTHORIZED SOFTWARE: The client is solely responsible for the selection regarding the suitability of the authorized software to obtain the results projected by him.
12. The ALVIC BY SERVICOMPUT brand is a registered trademark of SERVICOMPUT, S.A.U.
13. In case of doubt or conflict in the application of any of the above points, it will be resolved by the person that SERVICOMPUT, S.A.U. designate for this purpose. Depending on the type of conflict or doubt, this person may be a person who is part of the SERVICOMPUT, S.A.U. organization. or an expert external to the Organization, according to what SERVICOMPUT, S.A.U. consider most appropriate in each case.
The person appointed by SERVICOMPUT, S.A.U. to settle or resolve the conflict or the interpretation of the application of the previous clauses, before the claim or requirement presented by the user or third party, it will issue a written resolution that will be unappealable by any of the parties, and will be accepted without possibility of reply or any resource.
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