END USER LICENSING AGREEMENT

IMPORTANT - READ CAREFULLY:

 

Please read carefully this end user licensing agreement (referred to as "License" for short) prior to pressing the "Agree" button here below to install the software. By pressing the "Agree" button you are consenting to be bound by the terms of this license. If you disagree with the terms of this license press the "Disagree" button and do not install the software or do not use it. In the latter case you can return the software to the sales outlet from which you bought it for a complete refund of its price, provided that you bring back the entire software, including all the components, the original media, any printed materials and this license. You must not retain any copies thereof, either complete or partial, including copies saved on a computer or another information storage device.

 

Important: This software could be used for the reproduction of materials. You are granted a license that enables you to reproduce materials which are not protected by intellectual property rights or materials, the rights in which you either possess or you are authorized or hold any legal, contractual or other valid legal basis to reproduce. If you are not positive about your entitlement to reproduce any material whatsoever, please contact your legal counselor.

 

1. License.

 

This computer software, any printed materials, online or electronic communication, as well as all their copies, as well as any copies or derivative products or materials thereof, referred to as ‘the Software’ for short, are copyrighted works. Any making use of the software is regulated by the applicable laws and the terms of the present license.

The software is only designed for use by end consumers in conformity with this license. Any utilization, reproduction or distribution of the software is explicitly prohibited if not conforming to the terms of the license.

The license for this software, for the documentation, the media (as defined further below) and for all fonts accompanying the license on any carrier whatever or in any form whatever, will by provided to you by Constructive Laboratory.

The license for the software is limited to the intellectual property rights of Constructive Laboratory on the software and it does not comprise any other patents or other intellectual property rights.

The software is licensed and not subject to sale. Your license does not assign any title to the Software. As end user you possess the carrier on which the software has been recorded by Constructive Laboratory; however, Constructive Laboratory and/or its licensors retain their title to the software. The Software of Constructive Laboratory in this packaging, as well as any other copy thereof this license allows you to make, is governed by the terms of this license.

 

2. Authorizations and restrictions under the right of use.

 

You are allowed under this license to install and use one copy of the software on one computer only. This license does not allow for the software to exist in more than one computers simultaneously and you may not connect the software in a network where it could be used by more than one computers simultaneously or to use or install it in more than one computer at one and the same time.

Nothing in this license could restrict your entitlement to make or authorize the making of another copy of the software provided that: (1) such new copy is created as a necessary prerequisite in view of your adequate making use of the software in conformity with the terms of the present license, but not for any other purpose whatever, or (2) such new copy is for archiving purposes solely, on the condition that all archived copies shall be destroyed in the event that you assign rights acquired with regard to the software, you terminate this agreement or where other circumstances occur that could render your further use of the software wrongful.

In all other events and only insofar as this is not in contradiction to the present license or the applicable law, you shall not, either in full or in part, record, reproduce, translate, destroy the software in order to establish how it works (reverse-engineer), derive a source code, modify, disassemble, decompile, create software derivative products or remove any copyright labels or designations on the software without the prior written consent of Constructive Laboratory.

You are entitled to use the software for your private purposes but you are not allowed to rent it out or lease, lend or sublease it without the prior written consent of Constructive Laboratory, or perform any other acts that you are not allowed under this license.

The software of Constructive Laboratory is not designed to be used in the operation of nuclear equipment, air-traffic navigation or communication systems, air-traffic control systems, life-support machines or other equipment where the any fault in the software could result in death, personal injury or mental disability, as well as in causing damage to the environment.

 

3. Transferring the Software.

 

You are entitled to a single-time permanent assignment of all your rights granted to you under this license, provided that: (a) such transfer shall involve the entire software, inclusive of all its components, the original media, printed materials and this license; (b) you do not retain any copies of the software, either complete or partial, also including copies preserved on a computer or another information storage device; and (c) the person to whom the software is transferred shall read the terms of this license and express his/her agreement therewith.

 

4. Media distribution and use.

 

Within the meaning of this license ‘Media’ shall denote photos, animation, sound, music, video-clips and/or any other type of media that is contained in the software or is included in any other way therein. Pursuant to the license you can use, reproduce, modify or distribute the media as part of your product and/or service, subject of the following limitations:

a. You may only distribute electronic versions of the media or modifications thereof in non-commercial quantities and for non-commercial purposes and not for sale to persons already possessing a licensed copy of the software;
b. You may not sublicense, sell, lend or rent, lease out or distribute in any other way the media or its modifications either individually or as a collection of another media;
c. You may not include the media in any computer software different from the software – subject of the present license;
d. You may not, via any media such as the Internet, radio or television, perform wireless broadcasts of the media, transmit or retransmit it by cable, or provide, either by wireless or via cable, to an unlimited number of persons, access to the media or to any part thereof, in a manner that makes possible the realization of such access from a location and at a time individually selected by each of them;
e. You may not use the media in relation to any state government, in connection with personal names and data, initials, similarities, images and/or logos that can be identified with natural or legal persons, whatever the goal or in any manner whatsoever, without the prior written consent therefore f the respective government, company, natural or legal person;
f. You may not use the media or its modifications to create offensive and disgraceful works, or any other materials: a) that run counter to the Bulgarian legislation, the applicable foreign laws, the present license and the good manners; b) that contain threats to human life and bodily immunity; c) that disseminate discrimination based on sex, race, educational qualification, age and religion; professing fascist, racist or another undemocratic ideology; d) with pornographic content or any other content endangering the normal mental development of minor persons or violating the norms of morality and good manners; e) that contain child pornography, sexual violence, as well as hyperlinks to sites with similar contents; f) the contents of which violate human rights or freedoms granted under the Constitution and the laws of the Republic of Bulgaria or international instruments to which the Republic of Bulgaria is party; g) representing trade, official or personal secret or other confidential information; h) that are subject to copyrights or any similar rights, irrespective of their electronic type and format, save for the cases of possession of such right or where the acts were performed with the consent of the relevant title holder, as well as files containing information for access to such illegal contents, respective product keys or modified executive files; i) derogatory to any third-party property or non-material rights, including title, intellectual property right, etc; j) impairing other persons’ good name and calling to forcible change of the constitutionally established order, to committing crime, to personal violence or to unleashing racial, national, ethnic or religious feud and other of the kind.

 

5. Instructions Manual.

 

You may reproduce, distribute or use in any other way the instructions manual accompanying the software within the framework of your organization/household and for internal purposes only. At your option you can modify the instructions manual and distribute its edited version within the framework of your organization/household for local purposes, provided that: (1) you rename the edited instructions manual; (2) remove all registered trademarks and logos of Constructive Laboratory from the edited manual; and (3) the edited manual shall not in any way look as originating from Constructive Laboratory.

 

6. Termination.

 

This license shall be valid until terminated. You may terminate the license at any time by destroying the software and all its copies, materials and/or documentation.

Constructive Laboratory may, at its own discretion, terminate this license, automatically and without notification, in the event of your defaulting on the terms and principles therein contained. Following such termination of the license you shall forthwith discontinue the use the software and destroy all its copies, complete or partial, as well as all materials or documentations related thereto.

 

7. Carrier warranty.

 

Constructive Laboratory hereby guarantees that the carrier on which the software is stored is free of defects in material or workmanship under normal use for a term of ninety (90) days from purchase date that you can evidence by an invoice or another payment document. Should you discover defects in the carrier, due to any causes whatever, and for such reason you are unable to install the software on your computer, you can return the carrier and all accompanying materials to the sales point from which you acquired it for the purpose of complete refunding of the sum paid by you. This limited warranty shall not apply in the event that you have damaged the carrier intentionally or by negligence.

In connection with the above, your exclusive rights as user and the entire responsibility of Constructive Laboratory, in conformity with the applicable law, comes down to: 1) defect clearing, or 2) delivery of a product of equal value, or 3) complete refunding of the price paid by you for this software.

 

8. Limitation of warranty.

 

Constructive Laboratory explicitly waives any warranty concerning the software, the media and the manual that were delivered ‘as is’, including, but not only, any guarantee of merchantability, fitness for a particular purpose, non-violation third-party rights, etc.

Constructive Laboratory does not provide any guarantee against interference in your possession of the software neither does it guarantee, that the functions offered by the software will meet your requirements and the operation of the software will be interruption-proof or error-free or that the defects in the software will be remedied.

 

9. Applicable law and severability of provisions.

 

The laws of the R of Bulgaria and the European legislation in effect shall apply with respect to this license regardless of the laws of other states, with the parties to this agreement submitting to the jurisdiction and competence of the courts in the R of Bulgaria.

This contract may only be amended by written agreement signed by all parties.

In the event that any provisions of this license are held to be null and void such provisions shall be enforced to the maximum admissible degree with the other provisions of the agreement that shall give rise to their full effect and validity.

 

10. Complete text of the agreement. Language.

 

This license represents the complete understanding between the parties with regard to the use of the software licensed in accordance with the terms of this contract and it shall supersede all prior or present verbal or written covenants, proposals or previous agreements between the parties or between any dealers, distributors, agents or personnel whatsoever.

 

No amendments and modifications to this license shall be binding unless in written form and signed by Constructive Laboratory.

 

Any translation of this license shall be made in compliance with the relevant local requirements and in the event of discrepancy between the Bulgarian and any other foreign language version, the Bulgarian text shall prevail.

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