Software License Agreement

Gexcel RecLinkAPP

End user license agreement

THE SOFTWARE LICENSE AGREEMENT (LICENSE) IS A LEGAL AGREEMENT BETWEEN FINAL CLIENT (EITHER AN INDIVIDUAL PERSON OR A SINGLE LEGAL ENTITY), WHO WILL BE REFERRED TO IN THIS AGREEMENT AS "CLIENT" AND GEXCEL S.R.L. ("GEXCEL") FOR ALL GEXCEL SOFTWARE PRODUCTS, MANUALS, AND ASSOCIATED DOCUMENTATION ("SOFTWARE").

 

I. GRANT OF LICENSE THE CLIENT MAY NOT  PERMIT OTHER INDIVIDUALS TO USE THE SOFTWARE, EXCEPT UNDER THE TERMS HEREOF; PERMIT CONCURRENT USE OF THE SOFTWARE IF NOT IN INCLUDED IN THE LICENCE TYPE; TRANSFER, ASSIGN OR SUBLICENSE THE SOFTWARE; MODIFY, ALTER, ADAPT, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE; COPY THE SOFTWARE OTHER THAN AS SPECIFIED ABOVE; RENT, LEASE, REDISTRIBUTE, GRANT A SECURITY INTEREST IN, OR OTHERWISE TRANSFER RIGHTS TO THE SOFTWARE; REMOVE ANY PROPRIETARY NOTICES OR LABELS ON THE SOFTWARE.

 

II. NO WARRANTY ON PERFORMANCE OR RESULTS THE SOFTWARE IS INTENDED TO SUBSTANTIALLY ACHIEVE THE FUNCTIONALITY DESCRIBED IN THE DOCUMENTATION PROVIDED WITH THE SOFTWARE. HOWEVER, GEXCEL HAS NOT AND CANNOT WARRANT THE PERFORMANCES OR RESULTS THAT MAY BE OBTAINED BY USING THE SOFTWARE AND HAS NOT AND CANNOT WARRANT THAT THE CLIENT’S USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THE OPERATIONS OF THE SOFTWARE WILL BE ERROR-FREE OR SECURE. IN ADDITION, THE SOFTWARE CAN HAVE INHERENT LIMITATIONS AND THE CLIENT HAS TO DETERMINE THAT THE SOFTWARE SUFFICIENTLY MEETS HIS REQUIREMENTS. ACCORDINGLY, THE SOFTWARE AND ANY RELATED DOCUMENTATION ARE LICENSED "AS IS" AND THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE CLIENT.

 

III. WARRANTY DISCLAIMER, LIMITATION OF REMEDIES AND DAMAGES THE SOFTWARE IS LICENSED “AS IS.” IN NO EVENT GEXCEL, ITS OFFICERS, EMPLOYEES, OR AFFILIATES WILL BE LIABLE TO THE CLIENT FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS EVEN IF GEXCEL OR AN AUTHORIZED GEXCEL’S REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE CLIENT. LICENSOR SHALL HAVE NO LIABILITY TO THE CLIENT FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION.

 

IV. TERMINATIONS THIS LICENSE IS EFFECTIVE UNTIL TERMINATED. THIS LICENSE WILL TERMINATE IMMEDIATELY WITHOUT NOTICE IF THE CLIENT FAILS TO COMPLY WITH ANY OF ITS PROVISIONS. UPON TERMINATION YOU HAVE TO DESTROY THE SOFTWARE AND ALL COPIES THEREOF, INCLUDING REMOVAL FROM ALL COMPUTER SYSTEMS ON WHICH THE SOFTWARE IS INSTALLED, AND YOU MAY TERMINATE THIS LICENSE AT ANY TIME BY DOING SO.