SOFTPLANET for WindowsTM - END USER LICENSE AGREEMENT
In order to install and use the desktop application "SoftPlanet" ("Application"), you must have read and accepted this End User License Agreement ("this Agreement").
The download, installation and/or use of the Application implies your acceptance of all the provisions of this Agreement. If you do not agree with the provisions of this Agreement, do not download, install or use it. The conditions of this user license constitutes a legal agreement between you, the user, and Secure Download Ltd. ("SoftPlanet"). This Agreement applies to any update or new version of the Application.
The Application is defined as the application "SoftPlanet", its documentation and other related materials, including any update or new versions provided pursuant to this Agreement.
2. USER LICENSE
Provided you comply with the terms of this Agreement, you may install and use the Application on devices for your personal use only. You can make a backup copy of the Application provided that this copy includes all of the copyright warnings and other property warnings contained in the original. At all times the Application shall remain the property of SoftPlanet, and you are only being provided a non-exclusive user license. You must comply with any technical limitations/specifications relating to the Application that will only allow you to use it in certain ways. Unless otherwise permitted pursuant to this Agreement or by the applicable governing law, you are not permitted to:
i) Reverse engineer, decompile or disassemble any part of the Application, except where expressly permitted to do so by law (for example, to the extent set out in article 6 of European Community Directive 91/250/EEC (of May 14, 1991) on the Legal Protection of Computer Programs, or
ii) Use, copy, modify, create derivative works, sublicense, rent, lease, loan, sell, distribute, publicly execute, show publicly or transfer any part of the Application, except as provided in this Agreement, and you agree to not permit the unauthorised copying of the Application, or
iii) Use the Application in order to try to obtain unauthorised access to any data, account, network or other service by any means or use the Application in any way that adversely affects or obstructs the use of such data, account, network or other service, or
iv) Transfer or assign the Application or any part of it, or the present Agreement, to any third party.
The Application may contain software programs and other products owned by third parties, some of which may be identified and are used according to stipulated licenses. The Application is protected by copyright and by the laws of Bulgaria, of the European Union and of other countries, as well as by the clauses of international treaties.
If you use the Application or any related application for any unintended or unauthorised use, you agree to indemnify and release SoftPlanet, its subsidiaries, affiliates and employees from liability against any claim, damage, expense and reasonable attorneys' fees that arise, directly or indirectly, from any such action and related with said unintended or unauthorised use.
SoftPlanet may make updates to the Application. These updates are designed to improve, enhance and continue developing the Services (defined further below), enhanced functions, new software modules and completely new versions. You accept that SoftPlanet may provide you these updates as part of your use of the Services and that SoftPlanet can make changes to the Application at any time, without prior notification, but that SoftPlanet is not obligated to provide assistance or to update the Application.
5. SERVICES AND OTHER REQUIREMENTS
The Application permits the user to access an online market that offers the download of applications and possibly other services (collectively, the "Services"). The complete use of the Services and the downloading of applications requires Internet access and acceptance of the additional terms of service in order to establish a user account and use the Services. The Application is a Windows-based application and compatible with Windows XPTM, Windows VistaTM, Windows 7TM and Windows 8TM. Some Services or applications available for download may include third party software or materials. SoftPlanet does not offer any warranty and does not assume any responsibility for any third party software or material, including any software or material that you may find to be offensive. The third party software or materials may also include third party intellectual property rights. SoftPlanet does not provide any user licenses or any warranties with respect to such third party software or materials. Your use of such third party software or materials requires an independent license, agreement or consideration.
SoftPlanet reserves all rights to revoke, suspend, deactivate, change or modify in any way this Agreement or access to the Services and third party software or materials at any time and without prior warning.
6. DISCLAIMER OF WARRANTY
SoftPlanet shall provide the Services in accordance with the levels of quality applicable to it as a service provider.
The Services provided by SoftPlanet are dependent on the state of the internet telecommunications network. Therefore, SoftPlanet shall not be responsible for interruptions to the Services, delays, errors, malfunctioning of the Services or other inconveniences resulting from causes that are beyond the control of SoftPlanet, and/or due to a negligent, malicious or criminal act of the user and/or due to force majeure.
Except where specifically stated in these conditions, SoftPlanet does not assume responsibility for the performance and results of the Services. SoftPlanet does not assume responsibility for damage caused by the Application when this is due to it being used in a way that is incorrect or negligent.
Your failure to comply with the provisions of this Agreement shall give SoftPlanet the right, where applicable, to immediately suspend any of the Services, in its sole discretion.
SoftPlanet does not provide warranties of any type, express or implied, with regard to the Application or the Services, including but not limited to any warranty relating to the merchantability of the Application, the lack of infringement of any intellectual property rights, suitability for a particular purpose, or any warranty derived from any proposal, specification or sample. SoftPlanet does not guarantee or assume any responsibility for the accuracy or detail of any information, text, graphics, links or other items contained in the Application or associated with the Services. This Agreement shall not affect the consumer rights that you may have under the local laws in your jurisdiction.
Some jurisdictions can prohibit the exclusion or limitation of responsibilities for implicit warranties (where applicable) or for consequential or incidental damages, and therefore, the aforementioned limitations may not be fully applicable in such a case.
7. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
SoftPlanet provides you with a non-exclusive, non-assignable, non-transferable license to use the Application for your personal use. You acknowledge and agree that SoftPlanet is the proprietor of all intellectual property rights associated with the Application. "SoftPlanet" is a registered trademark of SoftPlanet and you are not permitted to reproduce, alter or modify or allow any third party to reproduce, alter or modify such trademark.
WindowsTM is a registered trademark of the Microsoft Corporation in the United Stated of America and other countries. This product is not affiliated with nor has it been authorised, sponsored or otherwise approved by Microsoft Corporation.
You undertake that you shall not disclose any confidential information which you may have or acquire (whether oral, written or in any other form) as a result of or pursuant to this Agreement and your access to and use of the Application (and for the purposes of this clause, the current version of the Application shall be considered confidential information) including the terms of this Agreement, save that this clause shall not apply to the disclosure of information required to be disclosed by law, binding judgment, order or requirement of any court of competent jurisdiction or other competent authority, or information which comes into the public domain (other than as a result of your breach of this clause).
8. DURATION OF THE AGREEMENT
This Agreement shall enter into force on the date that you agree to it or download and install the Application, and shall continue until its cancellation pursuant to that set forth in the Agreement. SoftPlanet may terminate this Agreement at any time, unilaterally and without justification, or in the case of your failure to comply with any of its provisions. Following termination of this Agreement, you agree to destroy and refrain from using any copies of the Application.
9. APPLICABLE LAW AND JURISDICTION
Should any of the provisions of this Agreement be declared null, void or unenforceable, it shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall continue to be binding on the parties to this Agreement.
This Agreement shall be governed by the laws of Bulgaria, which shall be applicable with respect to its validity, interpretation, performance and fulfillment. Any dispute arising from the interpretation of this Agreement shall be submitted to the courts and tribunals of the city of Varna, except where the legislation protecting the end consumer stipulates a different jurisdiction.
Updated as at 2 December 2013.