End-User License Agreement (EULA)
Updated September 30, 2019
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or legal entity) and DK Consulting TOV.
This EULA agreement governs your acquisition and use of Project Office or Task Office software ("Software") directly from DK Consulting TOV (“Licensor”) or indirectly through a DK Consulting TOV authorized reseller or distributor.
If you do not agree to these EULA, do not use the Software. Each time you access or use the Software, the current version of these EULA will apply. These EULA will always be available on the Site (www.dk-consulting.com). We reserve the right at any time and without notice to change these EULA.
If you register for a free trial of the Software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Licensor herewith regardless of whether other software is referred to or described herein. The terms also apply to any Licensor updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
"Use" or "using" means to access, download, install or otherwise benefit from using the functionality of the Software in accordance with the EULA.
"Trial Version" means a version of the Software to be used only to review, demonstrate and evaluate the Software. Any functional peculiarities, limitations or problems present in the Trial Version are and will not be a basis or reason for You to obtain a refund of a purchased license. Trial Version is a fully functional version, allowing You to see and test all its features, Your refund request will be declined if based on the absence of some certain feature or if some feature doesn't work as You expected it to work. All other refund cases are governed by and subject to the Licensor Refund Policy.
Licensor hereby grants you a non-exclusive, non-transferable license to use the Software on your computer in accordance with the terms of this EULA agreement. If you sell your computer, you must remove the Software from the computer before doing so.
Permitted uses and Restrictions
You are permitted to:
use theSoftwareon computer underyourcontrol
use the Trial version of Software for the sole purpose of trying and evaluating
use the Software on a single computer for two users or use the Software for a single user on two computers
You are not permitted to:
edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
reproduce, copy, assign, rent, lease, lend, sell, distribute, sublicense, resell or otherwise use the Software for any commercial purpose
allow any third party to use the Software on behalf of or for the benefit of any third party
use the Software in any way which breaches any applicable local, national or international law
use the Software for any purpose that Licensor considers is a breach of this EULA agreement
Intellectual Property and Ownership
Licensor shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Licensor. Licensor reserves the right to grant licenses to use the Software to third parties.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Licensor.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
You expressly agree that the Software are available on “as is” basis, without warranty of any kind and that you use Software at your sole risk. We hold no responsibility of the results of using Software acquired illegally or through an unauthorized distributor.
Limitation of liability
To the extent not prohibited by applicable law, in no event shall Licensor be liable to you or a third party for personal injury, or any incidental, special, indirect or consequential damages whatsoever. This includes, without limitation, damages for loss of profits, loss of data or information, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Licensor has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
In no event shall licensor total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Ukraine.