IMPORTANT - READ CAREFULLY: This License Agreement is a legal agreement between you (either an individual, a public entity, or a private company) and EMISIA SA for related to the COPERT software. You agree to be bound to the terms of this License by installing, copying, or using COPERT software. If you disagree with this license, then you are not entitled in installing, copying, or using the software. No refund is available in such a case.
1. GRANT OF LICENSE.
EMISIA SA grants you the following rights provided that you comply with all terms and conditions of this License:
1.1 Installation and use. You may:
(a) install and use a copy of COPERT software on up to three personal computers or other devices
(b) install and use a copy of COPERT software on a single computer up to three consecutive times
(c) install and use a copy of COPERT software on any combination of computers and individual installations, provided that up to three single installations are conducted in total.
1.2 Alternative Rights for Storage/Network Use. As an alternative to Section 1.1(a), you may install a copy of COPERT Software on a network storage device, such as a server computer, and allow up to three access devices, such as personal computers, to access and use that licensed copy of COPERT software over a private network. You must obtain a separate license to COPERT software to increase the number of access devices. Each new license grants you to three more devices being accessing COPERT on the server.
2. MANDATORY ACTIVATION.
A serial number is required to activate the software.
3. RESERVATION OF RIGHTS AND OWNERSHIP.
EMISIA SA reserves all rights not expressly granted to you in this License. COPERT is protected by copyright laws. EMISIA SA owns the title, copyright, and other intellectual property rights in COPERT software. COPERT software is licensed, not sold. This License does not grant you any rights to trademarks or copyrights of EMISIA SA.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble COPERT software.
5. CONSENT TO USE OF DATA.
You agree that EMISIA SA may collect and use technical information gathered as part of the product support services provided to you, if any, related to COPERT software. EMISIA SA may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
6. ADDITIONAL SOFTWARE/SERVICES.
This License applies to updates, supplements, add-on components, or Internet-based services components related to COPERT, that may be provided to you or make available to you after the date you downloaded COPERT, unless they are accompanied by separate terms.
7. SOFTWARE TRANSFER.
Individuals. You may transfer your copy of the Software to up to two more different devices. No transfer of the License to other individuals or other legal entities is allowed. Public entities and private companies. With this license, COPERT can be installed on up to three devices within the same private company or public entity. No transfer outside the public entity / private company is allowed. Prior to the transfer, the end user receiving COPERT software must agree to all terms of this License.
Without prejudice to any other rights, EMISIA SA may terminate this License if you fail to comply with its terms and conditions. In such event, you must destroy all copies of COPERT software.
9. DISCLAIMER OF WARRANTIES.
EMISIA SA provide the COPERT software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to COPERT software, and the provision of or failure to provide support or other services, information, software, and related content through COPERT or otherwise arising out of its use. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO COPERT.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMISIA SA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE COPERT SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH COPERT OR OTHERWISE ARISING OUT OF THE USE OF COPERT SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF EMISIA SA, AND EVEN IF EMISIA SA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of EMISIA SA under any provision of this License and your exclusive remedy hereunder shall be limited to the greater of the actual damages you incur in reasonable reliance on COPERT up to the amount actually paid by you for COPERT.
12. APPLICABLE LAW.
This License is governed by the Greek law. Greek courts are responsible for resolving any conflicts and disputes related to the terms of this License.
13. ENTIRE AGREEMENT; SEVERABILITY.
This License is the entire agreement between you and EMISIA SA relating to COPERT software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to COPERT software or any other subject matter covered by this License. To the extent the terms of any EMISIA SA policies or programs for support services conflict with the terms of this License, the terms of this License shall control. If any provision of this License is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.