Cavomatic update v2.02.012 english

License approval

END USER LICENSE AGREEMENT

NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. By copying, installing or using the Software whether entirely or partly, you agree to all provisions of this contract. You acknowledge that this contract is the same character as any written contract you would have negotiated and signed. This contract is enforceable to you and any company which has obtained the Software and on whose behalf it is used (for example, your employer). If you do not accept the provisions of this contract, please do not install, copy or use the Software. However, you can contact us to obtain a full refund, if applicable.

LDI and its suppliers own all intellectual property rights related to software. The Software is subject to a grant of licensing and not sold.

The Software may contain a system designed to prevent use or unauthorized copying, and a system allowing you to manage licenses. The said system can prevent you from using the software if you do not follow the installation procedures and / or license management described in the Software and documentation.

The software comes in three versions:
- Demo version with limited functionality and whose use is limited in time. This version is only used for testing and evaluation. It is not be used for actual operation. It is distributed free.
- Full version includes all features. You must purchase a license to use it. The license is for one computer with one user. You should buy as many licenses as computers and users of the software. The license price is deliberately kept low to allow you such an investment.
- Updated version to upgrade to a full version.

If you respect the provisions of this Agreement, LDI grants you a non-exclusive license to use the Software as described below.

You may either install and use one copy of the Software on your compatible computers for one user, or install a copy of the Software on a server on your internal network only for the use of the Software by one individual from commands, data or instructions given from another computer on the same internal network. The total number of users (not the concurrent number of users) who have a right to use the Software on such Computer file server may not exceed one.

No other network use is permitted, including in particular the use of the Software directly or through commands, data or instructions given:
- From or to a computer not belonging to your internal network,
- To enable services hosted on the Web or the Internet,
- By a user not authorized to use this copy of the Software under a valid license, or
- As a component of a system, workflow or service accessible to more than one user.

You may make a reasonable number of backup copies of the Software, provided that you do not install or use your backup copies for purposes other than archival ones.

The demo software and updating software can be as freely copied and redistributed on the Internet as on physical media such as a CD-Rom. However, the distribution must be complete and unchanged. This redistribution should not be a proper compensation to the demo version or updating of the Software, which means that you have no right to sell the demo version or release the updating. Nevertheless, the sale of a compilation, including, among others, the software in demo version or update is permitted.

The demo version can be tried free of charge for a period of time not to exceed 30 days. Use beyond this period requires purchasing a license.

You may not distribute the full version of the Software, or any information allowing the release of the software like the user’s name and serial number.

All the rights that you are not expressly granted in this EULA are reserved by LDI. The Software is protected by copyright laws and international treaties on copyright and intellectual property. Property rights, copyrights and other intellectual property rights in the Software belong to LDI or its suppliers. The software is not sold but licensed. This EULA does not grant you any rights to trademarks owned by LDI and its suppliers.

You may not reproduce, translate, adapt, arrange, modify the software and documentation associated with them, even when such acts are necessary to allow the use of software for its intended purpose without the express authorization stipulated herein.
You may not disassemble the Software, decompile or make a reverse engineering.
The Software is licensed as a single product. It is not possible to separate its components for use on more than one device.

You may not lend nor rent nor lease, sell, grant sub-license, assign or transfer your rights on the Software, nor provide commercial hosting services with the Software. If you have such needs, please contact us for a study on extent of licensing.

You authorize LDI and its affiliates to collect and use technical information gathered as part of support services provided to you, if any, which relate to the Software. LDI and its affiliates may use this information solely to improve its products or provide services or technologies and customized technologies and not to disclose this information under a form that would identify you personally.

LDI or its suppliers are not responsible for the content of third party sites or services, the links they contain or any changes or updates made to them. LDI provides these links and access to sites and third party service for your convenience only and the inclusion of any link or access does not imply any endorsement of the site or service in question by LDI or its suppliers.

This EULA applies to updates, supplementary information, additional plug-ins or Internet services of the Software provided or made available by LDI after the date on which you obtained your initial copy of the software, unless other conditions are applicable to them. LDI reserves the right to terminate Internet services provided or made available through the Software and this without notice.

To use an updating software, you must hold the license to use the software identified by LDI as being the subject of the update. From installing the update, you are not allowed to use the original software that founded your right to updating, except as part of the updated software.

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ITS QUALITY, ITS PERFORMANCE OR RESULTS. THIS SOFTWARE DOES NOT GUARANTEE THAT IT WILL OPERATE PROPERLY, PARTICULARLY WITH ANY COMBINATION WITH ANY HARWARE OR SOFTWARE. THIS SOFTWARE MAIN VOCATION IS THE MANAGING OF A WINE CELLAR WITH THE FEATURES AND THE LIMITS WHICH ARE SET FORTH IN THE DOCUMENTATION. YOU AGREE TO BE FULLY INFORMED OF THE USE OF THIS SOFTWARE.YOU ACKNOWLEDGE YOU HAVE BEEN ABLE TO EVALUATE THE CAPACITY OF THE SOFTWARE. NO WARRANTY OF ANY KIND AND ON NO ACCOUNT WHATSOEVER EITHER EXPLICIT OR IMPLIED, OF NON-INFRINGEMENT OR COMPLIANCE TO A PARTICULAR PURPOSE OF THE SOFTWARE AND DOCUMENTATION RELATED TO IT. THE WARRANTY SET FORTH ABOVE IS THE COMPLETE WARRANTY. IT IS EXCLUSIVE OF ALL OTHER WARRANTIES EXPLICIT OR IMPLIED INCLUDING ANY WARRANTY OF CONFORMITY OR COMPLIANCE TO A PARTICULAR PURPOSE. WE WILL NOT IN ANY EVENT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE INCLUDING ANY LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER FINANCIAL LOSS ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE. END USER AGREES TO ACHIEVE THE COMPLETE AND REGULAR BACKUPS OF DATA AND ITS PROGRAMS. THE SOFTWARE IS NOT TOLERANT TO ERRORS AND IS NOT DESIGNED, MANUFACTURED, NOR INTENDED FOR CONTROL MATERIALS IN REAL TIME IN HAZARDOUS ENVIRONMENT REQUIRING RESISTANCE TO FAILURE TO WHICH FAILURE OF THE SOFTWARE WOULD CAUSE DEATH, INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE (HIGH RISK ACTIVITIES). NO COMMITMENT IS CONSENTED AND SPECIALLY NO EXPLICIT OR IMPLIED WARRANTY OF CONFORMITY OR COMPLIANCE FOR HIGH RISK ACTIVITIES. IN ANY CASE, THE ENTIRE LIABILITY OF LDI UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE.

If any provision of this Agreement is found void and unenforceable, the validity and enforceability of the remaining provisions will not be affected.

This contract is governed by Luxembourg law. Any dispute regarding this contract which cannot be settled amicably between the parties will be subject to the jurisdiction of the Luxembourg courts.

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