End-User License Agreement and Terms of Use

IMPORTANT-READ CAREFULLY:

This End-User License Agreement (“LICENSE”) is a legal agreement between you, LICENSEE (either an individual or a single entity) and Nova Generacija Softvera d.o.o. (“LICENSOR”), for the Templater software, which includes computer software and may include associated “online” or electronic documentation (“SOFTWARE”). The SOFTWARE also includes any updates and supplements to the original SOFTWARE provided to you by LICENSOR.

By installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to all of the terms of this LICENSE do not install, copy or use the SOFTWARE.

1. DEFINITIONS

“Unlicensed version” means the free version of SOFTWARE.

“License” means the license you own. If you haven’t bought a license (i.e. licensed version) you are bound by the restrictions of the unlicensed version.

“License agreement” means this document. This license agreement is a legal agreement between you (individual or legal entity) and LICENSOR.

The SOFTWARE is licensed, not sold. LICENSOR continues to own the copy of the SOFTWARE and all copies thereof. SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws.

2. GRANT OF LICENSE

2.1 UNLICENSED (FREE) VERSION of SOFTWARE.

LICENSEE is allowed to use SOFTWARE in unlimited number of computers, for any purpose, including use in commercial applications. However, LICENSEE is required to: a) honor and conform to usage limitations of free version and b) acknowledge usage of free version of the SOFTWARE in their application. Format, formulation and placement of acknowledgement are arbitrary, as long as it mentions LICENSOR.

LICENSEE may not remove INFO MESSAGE specific for unlicensed version.

LICENSOR does not have responsibility to provide any technical or any other support to the users of the free version of the SOFTWARE.

2.2 LICENSED VERSION

The SOFTWARE is licensed per individual user. LICENSEE may make copies on more than one computer, as long as the use of the SOFTWARE is by the same user. Each user working with the SOFTWARE must purchase a copy of the SOFTWARE for his/her own development needs. There are 2 types of LICENSES issued by LICENSOR:

a) STANDARD user license. Standard version of SOFTWARE does not contain INFO MESSAGE, which is displayed in an unlicensed version of SOFTWARE.

b) ENTERPRISE user license. LICENSEE who purchases ENTERPRISE user license has the right to use the source code for debugging and bug fixing purposes as well as developing new functionalities. Under no circumstances may the source code be used, in whole or in part, as the basis for creating a product that provides the same, or substantially the same, functionality as any LICENSOR’S product. LICENSEE may not distribute and/or sell the source code, or any modification, enhancement, derivative work and/or extension thereto, in source code form. SOURCE CODE IS LICENSED “AS IS”.

3. DISTRIBUTION / REDISTRIBUTABLE CODE

3.1 LICENSOR grants the LICENSEE a non-exclusive, royalty-free right to distribute the object code version of the SOFTWARE, provided LICENSEE complies with the redistribution requirements and this LICENSE.

3.2 REDISTRIBUTION REQUIREMENTS. If LICENSEE redistributes the SOFTWARE, he/she agrees to: a) distribute the SOFTWARE in object code form only in conjunction with, and as part of her/his software application product which adds significant and primary functionality; b) not use LICENSOR’S or SOFTWARE name, logo or trademarks to market his/her software application product; c) include a valid copyright notice on his/her SOFTWARE; d) indemnify, hold harmless, and defend LICENSOR from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use and distribution of his/her software application product.

3.3 LIMITATIONS. LICENSEE shall not develop applications that provide an application programmable interface to the SOFTWARE. LICENSEE shall not develop applications that substantially duplicate the capabilities of the SOFTWARE or, in the reasonable opinion of LICENSOR, compete with any LICENSOR product.

LICENSEE MAY NOT distribute the SOFTWARE, in any format, to other users for development or compiling purposes. In particular, if LICENSEE creates a component/control using the SOFTWARE as a constituent component/control, LICENSEE MAY NOT distribute the component/control created with the SOFTWARE (in any format) to users for being used at design time and/or for development purposes.

4. ADDITIONAL RIGHTS AND LIMITATIONS

4.1 RESTRICTIONS. LICENSEE may not alter, assign, create derivative works, decompile, disassemble, distribute, give, lease, loan, modify, rent, reverse engineer, sell, sub-license, transfer or translate in any way, by any means or any medium the SOFTWARE. LICENSEE will use its best efforts and take all reasonable steps to protect the SOFTWARE from unauthorized use, copying or dissemination. LICENSEE may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.

4.2 SUPPORT SERVICES. LICENSOR may provide you with support services via e-mail (“SUPPORT”) related to the SOFTWARE in duration of: a) for STANDARD LICENSE 3 months b) for ENTERPRISE LICENSE 12 months Valid contact e-mail address can be found on the SOFTWARE website.

Use of SUPPORT is governed by the LICENSOR polices and programs described in the user manual, in online documentation, and/or other materials provided by the LICENSOR, as they may be modified from time to time. Any supplemental software code provided to you as part of the SUPPORT shall be considered part of the SOFTWARE and subject to the terms and conditions of this LICENSE. With respect to technical information you provide to LICENSOR as part of the SUPPORT, LICENSOR may use such information for its business purposes, including for product support and development. LICENSOR will not utilize such technical information in a form that personally identifies LICENSEE.

4.3 The SOFTWARE is licensed as a single product and the components comprising SOFTWARE may not be separated.

5. TERMINATION.

If the SOFTWARE is used in any way not expressly and specifically permitted by this LICENSE, then the LICENSE shall immediately terminate. Upon the termination of the LICENSE, LICENSEE shall thereafter make no further use of the SOFTWARE, and LICENSEE shall destroy all licensed materials.

6. UPGRADES, ENHANCEMENTS AND UPDATES.

From time to time, at its sole discretion, LICENSOR may provide enhancements, updates, or new versions of the SOFTWARE, via SOFTWARE website, on its then standard terms and conditions thereof. This Agreement shall apply to such enhancements. LICENSEE is not entitled to updates or upgrades of the SOFTWARE unless such right is stated in additional agreement between LICENSEE and LICENSOR. If new version of the SOFTWARE is released within thirty (30) days from the day of purchase and the price of new version is equal or smaller than the price of purchased version of the SOFTWARE, LICENSEE is entitled to a new version at zero cost. Received new version shall be considered part of purchased version of the SOFTWARE and the number of licensed developers will stay the same as granted in Section 2.

7. COPYRIGHT.

All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the SOFTWARE) and any copies of the SOFTWARE are owned by LICENSOR or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This LICENSE grants LICENSEE no rights to use such content. LICENSOR reserves all rights not expressly granted.

8. LIMITED WARRANTY.

LICENSEE assumes all responsibility for the selection of the SOFTWARE as appropriate to achieve the results he/she intends. The SOFTWARE and documentation are not represented to be error-free. LICENSOR warrants that: a) the SOFTWARE shall perform substantially as described in its documentation for a period of thirty (30) days from purchase, and b) any SUPPORT provided by LICENSOR shall be substantially as described in our accompanying materials, and our Support Team will make commercially reasonable efforts to solve any problem covered by our warranty. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE.

9. CUSTOMER REMEDIES.

LICENSOR entire liability and LICENSEE’s exclusive remedy shall be, at LICENSOR option, either a) return of the price paid or b) repair or replacement of the SOFTWARE that does not meet LICENSOR Limited Warranty and which is returned to LICENSOR with a copy of LICENSEE’s receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or remainder of the thirty (30) days from the day of purchase, whichever is longer.

10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.

To the maximum extent permitted by law, in no event shall LICENSOR or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of use of or inability to use this SOFTWARE, or the failure to provide SUPPORT, even if LICENSOR or its dealer have been advised of the possibility of such damages. In any case, LICENSOR entire liability under any provision of this LICENSE shall be limited to the amount actually paid by the LICENSEE for the SOFTWARE.

11. GENERAL PROVISION.

LICENSEE shall have no right to sub-license any of the rights of this agreement, for any reason. In the event of the breach by LICENSEE of this Agreement, he/she shall be liable for all damages to LICENSOR, and this Agreement shall be terminated. If any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining portions of this Agreement shall not be affected or impaired thereby. In the event of a legal proceeding arising out of this Agreement, the prevailing party shall be awarded all legal costs incurred.

12. TAXES AND DUTIES.

LICENSEE shall be responsible for the payment of all taxes or duties that may now or hereafter be imposed by any authority upon this Agreement for the supply, use, or maintenance of the SOFTWARE, and if any of the foregoing taxes or duties are paid at any time by LICENSOR, LICENSEE shall reimburse LICENSOR in full upon demand.

13. MISCELLANEOUS.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the Republic of Croatia. Each party consents to the personal jurisdiction of the Republic of Croatia and agrees to commence any legal proceedings arising out of this LICENSE shall be conducted solely in the courts located in Croatia. This is the entire agreement between you and LICENSOR which supersedes any prior agreement, whether written or oral, relating to this subject matter. This Agreement may not be changed or modified except by a written instrument duly executed by each of the parties hereto. LICENSEE acknowledges that he/she has read this Agreement, understands it, and agrees to be bound by its terms and conditions.

Should you have any questions concerning this EULA, or if you desire to contact the Nova Generacija Softvera d.o.o., for any reason, please contact by e-mail. Valid contact e-mail address can be found on the SOFTWARE website.

t