ARCPanel

Copyright (c) 2019 Anton Averin

         *** END USER LICENSE AGREEMENT ***

         IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

         By receiving, opening the file package, and/or using ARCPanel(”Software”) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

         Unless you have a different license agreement signed by Anton Averin your use of ARCPanel indicates your acceptance of this license agreement and warranty.

         Subject to the terms of this Agreement, Anton Averin grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use ARCPanel in accordance with this Agreement and any other written agreement with Anton Averin. Anton Averin does not transfer the title of ARCPanel to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Anton Averin and the purchasers or users of ARCPanel.

         If you do not agree to be bound by this agreement, remove ARCPanel from your computer now and, if applicable, promptly return to Anton Averin by mail any copies of ARCPanel and related documentation and packaging in your possession.

2. DISTRIBUTION

         ARCPanel and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of ARCPanel contact Anton Averin.

3. USER AGREEMENT

3.1 Use

         Your license to use ARCPanel is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of ARCPanel.

3.2 Use Restrictions

         You shall use ARCPanel in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of ARCPanel together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

         Each licensed copy of ARCPanel may be used on one single computer location by one user. Use of ARCPanel means that you have loaded, installed, or run ARCPanel on a computer or similar device. If you install ARCPanel onto a multi-user platform, server or network, each and every individual user of ARCPanel must be licensed separately.

         You may make one copy of ARCPanel for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of ARCPanel . The assignment, sublicense, networking, sale, or distribution of copies of ARCPanel are strictly forbidden without the prior written consent of Anton Averin. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of ARCPanel. If any person other than yourself uses ARCPanel registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

         This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile ARCPanel. Nor can you create any derivative works or other works that are based upon or derived from ARCPanel in whole or in part.

         Anton Averin's name, logo and graphics file that represents ARCPanel shall not be used in any way to promote products developed with ARCPanel . Anton Averin retains sole and exclusive ownership of all right, title and interest in and to ARCPanel and all Intellectual Property rights relating thereto.

         Copyright law and international copyright treaty provisions protect all parts of ARCPanel, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Anton Averin.

3.4 Limitation of Responsibility

         You will indemnify, hold harmless, and defend Anton Averin , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Anton Averin's Software.

         In no event (including, without limitation, in the event of negligence) will Anton Averin , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, ARCPanel or the use or inability to use ARCPanel or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

         Anton Averin's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Anton Averin ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Anton Averin.

3.5 Warranties

         Except as expressly stated in writing, Anton Averin makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

         This Agreement shall be governed by the law of the Germany applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

         Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of ARCPanel and destroy all copies of ARCPanel supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

         THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD ”AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ARCPanel AS WELL.

5. CONSENT OF USE OF DATA

         You agree that Anton Averin may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to ARCPanel.Anton Averin may also use this information to provide notices to you which may be of use or interest to you.