This license agreement governs eRez Imaging Server(tm) 4.0 ("Software"). Installation of the Software constitutes acceptance of the terms of this License Agreement.
1 Definitions: A “customer” means a person, company, or other entity which buys goods or services produced by you. A “Full Use Customer” means a customer who directly or indirectly uses the Software to make the customer’s digital media content available to third parties. This includes but is not limited to publishing images owned by the customer to a web site. A “Limited Use Customer” means a customer who is directly or indirectly using the Software to access digital media content - but can not directly or indirectly use the Software to make the customer’s own digital media content data available to third parties. The "Permitted Number” of Full Use Customers means none (0) unless otherwise indicated under a valid ASP license granted by YaWah.com. If you have licensed the Software as CPU-Limited Software, then "Permitted Number” of CPUs means one (1) unless otherwise indicated under a valid license granted by YaWah.com. “Total number of CPUs on the Computer” means the number of CPUs as reported by the operating system on the computer including additional CPUs enabled by means of Hyper-Threading, Multi-Core or similar techniques. If you have licensed the Software as Image-Limited Software, then "Permitted Number” of images means one (1) unless otherwise indicated under a valid license granted by YaWah.com. For all other purposes "Permitted Number" means one (1) unless otherwise indicated under a valid license granted by YaWah.com.
2 Grant of License: Subject to the terms and conditions of this Agreement, YaWah.com hereby grants you a limited, nonexclusive license to install and use the object code version of the Software on a single computer on your internal network for the purpose described in the documentation, provided that: (a) with respect to CPU-Limited Software the total number of CPUs on the Computer on which the Software is installed does not exceed the Permitted Number; (b) with respect to Image-Limited Software the total number of Images on the Computer on which the Software is installed does not exceed the Permitted Number; (c) the total number of Full Use Customers does not exceed the Permitted Number.
3 Evaluation Software: If the product you have received with this license is an evaluation, pre-release or not for resale copy of the Software ("Evaluation Software"), then Section 2 of this Agreement does not apply, and the following Section applies until such time that you purchase a license to the full retail version of such product. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Evaluation Software, but only to the extent necessary to resolve the conflict. YOU ACKNOWLEDGE THAT THE EVALUATION SOFTWARE AUTOMATICALLY EMBEDS WATERMARKS ON IMAGES CREATED USING THE SOFTWARE. YAWAH.COM IS LICENSING THE SOFTWARE ON AN "AS IS" BASIS, SOLELY AS A DEMONSTRATION MODEL. YAWAH.COM DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND, INCLUDING. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, YAWAH.COM 'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY EURO (€50) IN TOTAL.
4 Limitations: The Software is licensed, not sold, to you. You must retain all copyright and related notices of YaWah's ownership and other rights in the Software in the product, labeling and documentation provided. Furthermore, you may not: (a) modify, translate, de-compile, reverse engineer, disassemble or otherwise decode the Software; (b) copy any of the Software other than as reasonably required for the purpose described in the documentation in accordance with this Agreement; or (c) sublicense, sell, rent, lend, transfer, post, transmit or distribute the Software available to anyone else.
Notwithstanding the foregoing, you shall have the right to rent or sublicense the use of the Software to the number of Full Use Customers indicated under a valid ASP license granted by YaWah.com.
A customer may not rent or sublicense use of the Software to a third party.
5 Trademarks: You acknowledge that YaWah.com, eRez Imaging Server(tm) and related logos and designs are trademarks of YaWah.com and that no rights in such trademarks are granted to you by this Agreement.
6 Support: YaWah.com reserves the right to modify the Software from time to time without obligation to notify you, or any other person or organization of such revision or change.
7 Third Party Licenses: Certain components bundled with this software are provided under license from third parties. Some third party materials included in the Software are subject to other terms and conditions as set forth in Exhibit A.
8 Use in Compliance with the Law: As between you and YaWah.com, you assume all risk and are solely responsible for any and all liability resulting from Access to the Software in a way that violates (or that produces content that violates) any law or the rights of others including, without limitation, laws concerning copyright infringement.
9 Limitation of Liability: IN NO EVENT WILL YAWAH.COM BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST OPPORTUNITY OR PROFITS, COST OF COVER OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SOFTWARE, HOWEVER CAUSED ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF YAWAH.COM HAS BEEN ADVISED OR GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. THE ENTIRE RISK AS TO THE USE OF THE SOFTWARE IS ASSUMED BY THE USER. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU
10 Disclaimer of Warranty: TO THE EXTENT PERMITTED BY APPLICABLE LAW ALL YAWAH.COM SOFTWARE, INCLUDING THE IMAGES AND/OR COMPONENTS, IS PROVIDED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER YAWAH.COM OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF SUCH SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NO COVENANTS, WARRANTIES OR INDEMNITIES OF ANY KIND ARE GRANTED BY YAWAH.COM TO THE USER.
11 Termination: YOU AGREE TO THE TERMS OF THIS Agreement BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. If you do not accept the terms of this license, you agree to destroy all copies of the Software in your possession and control.
12 Export Control Obligations: You will not export or re-export any Licensed Software in violation of any law, regulation, order or other governmental requirement. You shall, at your own expense, promptly obtain and arrange for the maintenance of all government approvals, if any, and comply with all applicable local laws and regulations as may be necessary for performance under this Agreement.
13 Applicable Law and Venue: Any disputes and claims arising from this Agreement which involve YaWah.com shall be settled in accordance with Danish law and legal action shall be brought before the venue of the YaWah.com, which is the City Court of Aarhus, Denmark, or the Western Division of the Danish High Court of Justice in Viborg, Denmark.
Copyright (c) 2001-2006 YaWah.com ApS. All rights reserved.