Software License Agreement
Carefully read this software license agreement (‘Agreement’). By downloading the software and/or clicking the applicable button to complete the installation process, you (‘Licensee’) agree to be bound by the terms of this agreement. If you do not want to become a party to this agreement, do not install or use the software. Instead, return the software within 15 days of receipt. All returns will be subject to the Licensor’s return policy.
1 This is an agreement between Licensor and Licensee, who is being licensed to use the Galactor GAPHER Software.
2 Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software.
3 This License permits Licensee to install the Software IN ONE computer system,
Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only.
Licensee agrees to indemnify and defend Licensor. Furthermore, Licensee agrees to hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected to or resulting from Licensee’s business operation.
Licensor’s liability to Licensee under any provision of this Agreement for damages awarded by a court or arbitrator shall be limited to the amounts actually paid under this Agreement by Licensee to Licensor. Licensor shall not be liable for special, indirect, incidental, or consequential damages, including lost profits or interruption of business.
4 This Software is subject to a limited warranty. Licensor warrants to Licensee that the physical medium on which this Software is distributed is free from defects in materials and workmanship under normal use, the Software will perform according to its printed documentation, and to the best of Licensor’s knowledge Licensee’s use of this Software according to the printed documentation is not an infringement of any third party’s intellectual property rights. This limited warranty lasts for a period of 30 days after delivery.
To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF A PARTICULAR PURPOSE.
No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee.
Licensee has specific legal rights pursuant to this warranty and, depending on Licensee’s jurisdiction, may have additional rights.
5 In case of a breach of the Limited Warranty, Licensee’s exclusive remedy is as follows: Licensee will return all copies of the Software to Licensor, at Licensee’s cost, along with proof of purchase. (Licensee can obtain a step-by-step explanation of this procedure, including a return authorization code, by contacting Licensor at Galactor Ltd. 6 Georgiou X Ioannidi, Paphos 8036, Cyprus tel. 00357 96010128.) At Licensor’s option, Licensor will either send Licensee a replacement copy of the Software, at Licensor’s expense, or issue a refund.
6 Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS SOFTWARE.
7 Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.
8 Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach by Licensee.
9 Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
10 This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.
11 This License Agreement is governed by the law of the Republic of Cyprus applicable to contracts.
12 This License Agreement is valid without Licensor’s signature. It becomes effective upon the earlier of Licensee’s signature or Licensee’s use of the Software.