Cerbero License Agreement
1. DEFINITIONS
1. Cerbero – means Cerbero Labs SLU, Calle Teberite 16, 35118 Las
Palmas, Spain
2. Software – means Cerbero’s computer programs, including any and
all Updates and Upgrades thereto that Cerbero makes available and
for which Cerbero has granted a license to You.
3. Software Key – means a key code provided by Cerbero to activate
the Software.
4. You/Your/Licensee – means either an individual or an entity
entering into this Agreement with Cerbero.
5. Agreement/License – means the current document.
6. License Term – means the time period during which You are
licensed to use the Software, commencing upon receipt of a
Software Key.
7. Functional Use – means the normal operational use of the
Software as intended and detailed in any accompanying
documentation.
8. Updates and Upgrades – mean the updating of the Software.
Classification of the updating as an Update or Upgrade is at
Cerbero’s sole discretion.
9. Update Service – means the ongoing updating of Software through
Updates and/or Upgrades and the provision of such Updates and
Upgrades to You by Cerbero. Some Software requires the Update
Service for Functional Use. Cerbero may at its sole discretion
render services under its Update Service as an Update or
Upgrade.
2. SUBJECT OF THE AGREEMENT
This license agreement for the use of Cerbero’s Software is entered
into between Cerbero and You.
The Agreement is made effective beginning on the date on which You,
first download, install, load or otherwise use the Software.
By downloading, installing, loading or otherwise using the Software
You agree to all terms and conditions of this Agreement. If You do
not agree with the terms and conditions set forth in this Agreement
You are not authorized to use the Software.
3. OWNERSHIP RIGHTS
The Software is protected by international copyright laws, treaties
and other laws. This Agreement does not transfer to You any title to
or in the Software. You do not acquire any rights to the Software
except as specified in Section 4, below.
4. LICENSE GRANT
Subject to Your agreement to, and full compliance with, the terms and
provisions of this Agreement, Cerbero hereby grants, based on the
initial Licensee’s choice, one of the following licensing options:
1. PER USER LICENSE
Each per user license permits the user to install the Software on
his office workstation, personal laptop and home computer,
provided that no other user uses the Software on those
computers. Each per user license permits the user to use the
Software on only one physical computer at a time.
2. PER COMPUTER LICENSE
Each per fixed computer license permits You to install and use
the Software on only one physical or virtual computer.
For Software for which Updates and Upgrades are provided by Cerbero,
Your License includes the right to receive and use Upgrades and
Updates for the License Term. For Software for which no Updates or
Upgrades are available from Cerbero, You may use only the version of
the Software for which You have paid for the License Term.
You may make as many copies of the installation media as You need for
backup or installation purposes.
In addition, You may, given Cerbero’s written agreement, transfer the
Software and all rights under this license to another party together
with a copy of this license and all material, written or electronic,
accompanying the Software, provided that the other party reads and
accepts the terms and conditions of this Agreement. You lose the
right to use the Software and all other rights under this license
when transferring the Software.
5. PROVISIONS FOR USE
You may not, nor may You permit another person to:
1. Distribute or transfer the Software to other parties.
2. Modify, adapt, translate, rent, lease, resell, distribute, or
create derivative works based upon the Software, in whole or in
part.
3. Use the Software in special risk areas that require error-free,
permanent operation of relevant systems and in which the failure of
the Software may result in a direct risk for life, body or health or
in substantial damages to property or the environment(high risk
activities and high availability activities, including but not
limited to the operation of nuclear facilities, weapon systems,
aviation navigation or communication systems, life support systems
and equipment, machine and production processes of pharmaceuticals
and food production). Cerbero does not warrant or guarantee that the
Software is fit for use in special risk areas.
6. LIMITED WARRANTY AND DISCLAIMER
THE SOFTWARE IS PROVIDED “AS IS” AND CERBERO MAKES NO WARRANTY AS TO
ITS USE OR PERFORMANCE. CERBERO MAKES NO WARRANTY OF ANY KIND AND
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND WHETHER EXPRESS,
IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. CERBERO ALSO
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATING TO
NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY
QUALITY, OR ABILITY TO INTEGRATE THE SOFTWARE WITH OTHER PRODUCTS.
YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR
INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS
OBTAINED FROM, THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, CERBERO
MAKES NO WARRANTY THAT THE SOFTWARE WILL PROTECT AGAINST ALL POSSIBLE
THREATS, BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES,
OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS.
7. COMPLETE STATEMENT OF WARRANTY
THE LIMITED WARRANTY PROVIDED IN THE PARAGRAPH ABOVE IS THE ONLY
WARRANTY OF ANY KIND MADE BY CERBERO ON THE SOFTWARE. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY CERBERO, ITS DEALERS,
DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY
WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY
SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY HAVE OTHER RIGHTS BASED ON THE COUNTRY YOU LIVE IN.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CERBERO BE LIABLE TO YOU OR TO ANY OTHER
PERSON FOR DAMAGES FROM LOST PROFITS, LOSS OF GOODWILL, OR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES
FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR
MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL
CERBERO BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LICENSE FEE PAID
BY YOU EVEN IF CERBERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IF ANY PROVISION OF THIS AGREEMENT SHALL BE FOUND TO BE INVALID OR
UNENFORCEABLE FOR LEGAL OR FACTUAL REASONS THE INVALIDITY OR
UNENFORCEABILITY OF SUCH PROVISIONS SHALL NOT AFFECT THE OTHER
PROVISIONS OF THIS AGREEMENT AND ALL PROVISIONS OF THIS AGREEMENT NOT
AFFECTED BY SUCH INVALIDITY OR UNENFORCEABILITY SHALL REMAIN IN FULL
FORCE AND EFFECT. THE PARTIES HEREBY AGREE TO ATTEMPT TO SUBSTITUTE
FOR ANY INVALID OR UNENFORCEABLE PROVISION A VALID OR ENFORCEABLE
PROVISION WHICH ACHIEVES TO THE GREATEST EXTENT POSSIBLE THE ECONOMIC
AND LEGAL OBJECTIVE OF THE AGREEMENT. THIS APPLIES AS WELL IN CASE OF
AN OMISSION OR INVALIDITY OF THE WHOLE AGREEMENT.
THE FOREGOING PROVISIONS OF SECTIONS 6, 7 AND 8 SHALL APPLY WITH EQUAL
FORCE TO ANY AUTHORIZED RESELLERS AND SHALL BE ENFORCEABLE TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. TERMINATION
This license is effective until terminated. It will terminate
immediately without notice if You fail to comply with any of its
provisions. Upon termination You must destroy the Software and all
copies thereof. You may terminate this license at any time by
destroying the Software and all copies thereof.
10. GOVERNING LAW AND VENUE
The Licensee expressively agrees on the exclusive jurisdiction of the
courts of Las Palmas. This Agreement on jurisdiction applies to all
claims, be they based on contract, on tort or on any other legal
basis, arising under or in connection with this Agreement.
11. AMENDMENTS
Cerbero reserves the right to modify this Agreement at any time,
effective upon providing notice to You, which may be given via email,
the Software interface, or Cerbero’s website.
