License Agreement

Smaxe License Agreement

This is a legal agreement ("Agreement") between You (either an individual or an entity) ("Licensee"), and Smaxe Ltd. ("Smaxe").

IMPORTANT [PLEASE READ CAREFULLY]: BY INSTALLING, USING OR COPYING THE SOFTWARE OR ANY RELATED DOCUMENTATION ("SOFTWARE") YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE SOFTWARE.

1. Definitions
a) "Evaluation License Key" means an alphanumeric code or similar installation that allows using the Software for evaluation purposes for a limited period of time which shall commence on the day of registratio, and terminate pursuant to the provisions defined by the Evaluation License Grants section of this Agreement.
b) "License Key" means an alphanumeric code or similar installation that allows the Licensee to use the Software.

2. Ownership and License
The Software is owned by Smaxe, copyrighted and protected by copyright laws and international treaty provisions. The Software is licensed, not sold. By installing or using the Software you will not acquire any rights to the Software except as expressly set forth in this Agreement. All rights not expressly granted herein are reserved by Smaxe.

3. Evaluation License Grants
Subject to the terms and conditions of this Agreement, Smaxe hereby grants to you a non-exclusive, non-transferable right to use 1 (one) copy of the specified version of the Software and the Documentation for the sole purposes of evaluation during the period of 30 (thirty) calendar days, and create a copy of the Software for backup purposes.

4. License Grants
Subject to the payment of the applicable license fees, and to the terms and conditions of this Agreement, Smaxe hereby grants to you a non-exclusive, non-transferable right to use the specified version of the Software and Documentation on the number of workstations that corresponds to the number of licenses purchased.

5. License Restrictions
You may NOT:
a) modify, adapt, alter, translate, decompile, reverse engineer, or disassemble the Software;
b) remove any proprietary notices or labels on the Software;
c) make more copies of the Software than the number of the obtained licenses (excluding a copy for backup purposes);
d) rent, lease, or otherwise transfer rights to the Software.
e) distibute the Software in any form.

5.1. Evaluation License Restrictions In addition to the general restrictions denoted in the License Restrictions section, as the holder of the Evaluation License you may NOT:
a) use the Software for commercial purposes;
b) use the Software after expiration of the evaluation period.

6. Marketing
You agree to be identified as a customer of Smaxe and You agree that Smaxe may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in Smaxe's marketing materials and web sites. You hereby grant Smaxe a license to use Your name and any of Your trade names and trademarks solely in connection with the rights granted to Smaxe pursuant to this marketing section.

7. Disclaimer of Warranty
THE SOFTWARE AND ANY RELATED DOCUMENTATION ARE PROVIDED ON A STRICTLY "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

8. Limitation of Liability
IN NO EVENT SHALL SMAXE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SMAXE PRODUCT, EVEN IF SMAXE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Termination
Licensee may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately without notice from Smaxe if it is discovered that the Licensee fails to comply with any provision of this Agreement. Upon such termination, the Licensee must destroy all copies of the Software. Sections 7. Disclaimer of Warranty and 8. Limitation of Liability shall remain effective after the termination of this Agreement.