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. You/Your/Licensee – means either an individual or an entity.
4. Agreement/License – means the current document.
5. License Term – means the period for which a License to
Software has been granted. The License Term
commences as soon as You have been sent a
Software Key.
6. Freeware – means any Software that is provided to an
individual or an entity free of charge.
7. Trial License – means a License to use the Software for
testing purposes for a limited period of time
free of charge by an individual or an entity.
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.
