APEGG | Glass Container - Forming Defects App (GCFDA) v4.x
This License Agreement governs your use of the APEGG Ltd. (“APEGG”) software application(s) (“Application”). Depending upon your requirements and circumstances, you will be permitted to use either the Application in Demo or Commercial Mode. This License Agreement governs use of both Demo and Commercial Mode of the Application.
1. Primary Differences Between Demo & Commercial Mode
- 1.1. The Demo Mode and the Commercial Mode use same version of the Application. With Demo Mode you can understand basic features and functionality of the Application.
2. One User Per License
- 2.1. A specific license key is required for each individual using of the Application. It means you must purchase a license for each computer on which the Application is to be used.
- 3.1. The Application is licensed, not sold. APEGG retain ownership of the Application including all intellectual property rights therein.
- 3.2. APEGG reserves all rights in the Application not expressly granted to you in this Agreement.
- 3.3. You will not delete or in any manner alter any APEGG or third-party copyright, trademark or other proprietary rights notices or markings appearing on or in the Application.
4. Fees and Taxes
- 4.1. You agree to pay all amounts due for the Application as set forth in the applicable quote and/or invoice. All license purchases are subject to the purchases, billing information and other terms set forth in the APEGG Terms of Service
- 4.2. APEGG may offer other services in conjunction with Application and such services shall be subject to the applicable terms of service and fees.
- 4.3. All fees payable under this License Agreement are net amounts and are payable in full, without deduction for taxes or duties of any kind.
- 4.4. You will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes) associated with this License Agreement or your receipt or use of the Application, except for taxes based on APEGG net income.
- 4.5. In the event that APEGG is required to collect any tax for which you are responsible, you will pay such tax directly to APEGG.
- 4.6. If you pay any withholding taxes that are required to be paid under applicable law, you will promptly furnish APEGG with written documentation of all such tax payments, including receipts.
You agree that the Application may send data to APEGG to:
- Check for Application updates;
- Provide aggregated usage statistics of your use of the Application;
- Validate license keys in order to prevent unauthorized use.
- 5.3. You acknowledge and agree that APEGG may deliver messages and contact you about the Application and other APEGG product and service offerings.
7. No Warranty
- 7.1. THE APPLICATION IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND.
- 7.2. APEGG DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
- 7.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM APEGG OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS LICENSE AGREEMENT.
8. Limitation of Liability
- 8.1. APEGG'S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE GREATER OF THE AMOUNTS PAID BY YOU FOR THE APPLICATION OR ONE HUNDRED G.B. POUNDS (GBP 100).
- 8.2. IN NO EVENT WILL APEGG BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE APPLICATION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT APEGG HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
- 8.3. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS LICENSE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- 8.4. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- 9.1. This License Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and APEGG have executed a separate agreement governing use of the Application.
- 9.2. The English language version of this License Agreement is legally binding in case of any inconsistencies between the English version and any translations.
- 9.3. Any terms or conditions contained in your purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of this License Agreement are hereby rejected by APEGG and will be deemed null.
- 9.4. You may not assign or transfer this License Agreement or any rights granted hereunder, by operation of law or otherwise, without APEGG’s prior written consent, and any attempt by you to do so, without such consent, will be void.
- 9.5. Without limiting the generality of the foregoing, if you are an employee of a Legal Entity, you may not assign or transfer this License Agreement or any rights granted hereunder to your employer without APEGG’s prior written consent, and any attempt by you to do so, without such consent, will be void.
- 9.6. Except as expressly set forth in this License Agreement, the exercise by either party of any of its remedies under this License Agreement will be without prejudice to its other remedies under this License Agreement or otherwise.
- 9.7. All notices or approvals required or permitted under this License Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt.
- 9.8. All notices or approvals will be sent to the addresses set forth in the applicable ordering document or invoice or to such other address as may be specified by either party to the other in accordance with this section.
- 9.9. The failure by either party to enforce any provision of this License Agreement will not constitute a waiver of future enforcement of that or any other provision.
- 9.10. Any waiver, modification or amendment of any provision of this License Agreement will be effective only if in writing and signed by authorized representatives of both parties.
- 9.11. If any provision of this License Agreement is held to be unenforceable or invalid that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect.
- 10.1. Commercial Entity means any company, corporation, limited liability company, general partnership, limited partnership, limited liability partnership, proprietorship, joint venture or other form of business organization, excluding any government, non-profit, educational or academic institution.
- 10.2. Content means descriptions, titles, images, pictures, graphs, diagrams, or other content that you use with the Application.
- 10.3. Application means all 4.x versions and updates of the Glass Container - Forming Defects App (GCFDA).
- 10.4. Demo Mode means the Application mode that is available for free to Commercial Entities for usage for informational purposes only.
- 10.5. Commercial Mode means the Application mode that is available for Commercial Entities for usage with full functionality.
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