This EULA (End User License Agreement) is a legal agreement between you (either an individual or an entity, the "Licensee"), and EduLib S.R.L. for the use of The Muse Platform, its enhancements/derivatives and all supporting documentation (the "Software"). PLEASE READ THIS EULA CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. By obtaining the Software, you agree to comply with the terms and conditions of this license. Installing and using the Software will signify your agreement to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not continue installing the Software or do not continue using the software and destroy all its copies.
This is a license agreement and not an agreement for sale.
- "EduLib" means EduLib S.R.L.;
- "MuseGlobal" means MuseGlobal, Inc.;
- "Software" means the executable code of The Muse Platform Software, its enhancements/derivatives and all supporting documentation;
- "Agreement" means this End User License Agreement;
- "License" means the permission granted by EduLib to use the licensed Software product;
- "Licensee" refers to either an individual or an entity that obtains the Software from EduLib;
- "Authorized User" means a registered user of Licensee who is also bound by this Agreement.
Grant of License
The Software product is owned by MuseGlobal, developed and maintained by EduLib. It is licensed, not sold.
- The Software product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. MuseGlobal reserves all intellectual property rights, including copyrights and trademark rights;
- Licensee acknowledges that use of certain future Software functionality may be conditioned upon its payments of additional fees and/or agreement to additional terms and conditions;
- This License permits Licensee to install the Software on a server owned or controlled by Licensee and use the Software from such server for the purpose authorized by this Agreement;
- This License grants Licensee a non-exclusive, non-transferable right to use the Software in object code form only, run, administer or otherwise interact with the Software within the scope of License granted herein;
- The License allows the Licensee to use the Software solely for its business operations as the sole and direct beneficiary of the Software. The Licensee is not allowed to use the Software for the business operations of any other entity;
- When the Software is used for the business operations of a third party, EduLib classifies this type of activity as hosting. As the standard License does not grant the Licensee the right to use the Software in this manner, the ordering document must include hosting language which grants the Licensee the right to use the Software for the purposes of providing internet hosting services to other entities;
- Use of the Software on behalf of Licensee is restricted to Authorized Users of Licensee;
- Backup Copy: Licensee may make copies of the Software product and the Software product License as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software product;
- Multiple Servers: Purchase of Software entitles Licensee to a permanent Software License Key (File) for one server. Licensee is also entitled transfer its Software License Key (File) between different servers provided there is only one in production at any given time and install the permanent Software License Key (File) on non-production servers for tests purposes;
- Hosting Services: Using the Software for the purposes of providing hosting services to other entities, requires purchasing a Software License for every other party, either with an individual Software License Key (File) for every party or one common Software License Key (File) for all parties.
The above apply for: Trial License, and any other Commercial License of the Software.
Restricted Use for Evaluation
This Software product can be used in conjunction with a free evaluation Software License. During the evaluation period, EduLib grants to Licensee a limited, non-exclusive, non-transferable, non-renewable License to copy and use the Software for 30 days evaluation purposes only and not for any commercial use. At EduLib discretion, EduLib may provide limited support through email or discussion forums at EduLib web site. Evaluation Software has been limited in some way either through time outs, restricted use or evaluation warnings. EduLib bears no liability for any damages resulting from use (or attempted use after expiration) of the Software product, and has no duty to provide any support before or after the expiration date of an evaluation License.
On or before expiry of the evaluation period Licensee may pay a License fee to obtain the right to use the Software for extended use. If Licensee does not pay such a fee, Licensee must destroy all copies of the Software.
Maintenance and Support Services
EduLib may provide Licensee with maintenance and support services related to the Software product according to Licensee's order.
- Updates. Any supplemental software code or related materials that EduLib provides to Licensee as part of the support services, in periodic updates to the Software product or otherwise, is to be considered part of the Software product and is subject to the terms and conditions of this Agreement. EduLib will provide reasonable assistance via email to help Licensee install and use each update;
- Email Support. Technical support is provided via electronic mail at the following address:email@example.com. EduLib will use its best efforts to provide Licensee with technical support to resolve problems and answer questions in response to issues reported to EduLib by Licensee in accordance with this Agreement;
Limitations. Unless otherwise agreed upon writing by EduLib, maintenance and support
services will not include the following:
- Installation, relocation or removal of the Software from Licensee's server;
- On-site services;
- Work involving Licensee's hardware, third party software or other devices associated with the use of the Software.
- Misuse of Software;
- Alterations or modifications to the Software which are not authorized by EduLib;
- Use of the Software on hardware and operation systems other than the Software is designed to be used as indicated in the Software documentation;
- Use of the Software other than permitted by Licensee's License Agreement with EduLib.
With respect to any technical information Licensee provides to EduLib as part of the support services, EduLib may use such information for its business purposes without restriction, including for product support and development. EduLib will not use such technical information in a form that personally identifies Licensee without first obtaining Licensee's permission.
Even if the Software is provided free of charge during the Trial Period to allow potential customers to evaluate and test it before paying the License fee, EduLib allows for 30 days money refund. This refund policy does not apply when the payment is done via Purchase Order.
- Licensee may not use, copy, or distribute the Software product, except as granted by this Agreement, without written authorization from EduLib;
- Licensee may not tamper with, alter, or use the Software product in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities;
- Licensee may not remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software product;
- Licensee may not modify or create derivative copies of the Software License;
- Licensee may not reverse engineer, decompile, defeat License encryption mechanisms, or disassemble the Software product or the Software License Key (File).
- Licensee may not modify the Software or create derivative works based upon the Software;
- Licensee may not rent, lease, lend, or in any way distribute or transfer any rights in this Agreement or the Software product to third parties without EduLib's written approval, and subject to written agreement by the recipient of the terms of this Agreement.
High Risk Activities
The Software product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, in which the failure of the Software product, or any software, tool, process, or service that was developed using the Software product, could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, EduLib and its suppliers and licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities. Licensee agrees that EduLib and its suppliers and licensors will not be liable for any claims or damages arising from the use of the Software product, or any software, tool, process, or service that was developed using the Software product, in such applications.
Third Party Rights
Any software provided along with the Software that is associated with a separate license agreement is licensed to Licensee under the terms of that license agreement. This license does not apply to those portions of the Software. Copies of these third party licenses are included in all copies of the Software.
Laws and Regulations
According to the EU Export regulations, the Software is not classified as a dual use 5D002.c product as all its functionalities qualifies it for the exceptions from category 5A002.a.1, which means no export control because actually the product is not a dual use one according to the EU COUNCIL REGULATION (EC) No 428/2009 of 5 May 2009.
Nevertheless Licensees are advised and agree that they must come to fully understand, respect and comprehend the cryptographic functionality found in the licensed Software and must agree and undertake to comply with any laws of their forum pertaining to said cryptographic functionality.
Licensee hereby also acknowledge that:
- Licensee has obtained the Software directly from EduLib, through its Romanian-based web site;
- The Software owned by MuseGlobal, developed and maintained by EduLib is of Romanian origin and therefore subject to Romania's and European Union's laws, rules and regulations;
Licensee hereby irrevocably declares and agrees that the Software you obtained from http://www.edulib.com:
- Is publicly available, without restriction except the normal copyright ones by means of electronic transactions and a web download;
- Has cryptographic functionality that cannot be easily changed by Licensee;
- Is installable by Licensee without substantial support from EduLib;
- Details of the product is available in the documentation included in the product, as well as available without restriction on EduLib site.
Licensee hereby warrants that:
- Licensee is allowed to obtain a copy of this Software at your location or in your forum or territory;
- Licensee's installation and usage of this Software conforms to your country's applicable laws and regulations;
- Licensee will ensure that Authorized Users having access to Licensee's copy of this Software will abide by the applicable laws and regulations;
- Licensee undertakes to defend and indemnify EduLib (including assuming EduLib attorneys fees) if you violate any laws or regulations pertaining to cryptographic software or functionality;
- Licensee has the obligation to obtain at Licensee's own expense any license or authorizations required by any legal authority for acquisition, delivery or use of the products, and if necessary produce evidence to EduLib. You should be liable for all expenses or charges incurred by EduLib from your failure to obtain such license or authorizations.
Licensee has ensured with the above mentioned evaluation version that the Software works according to Licensee's requirements and the advertised features. EduLib disclaims all warranties for deficiencies that are reasonably discoverable with the evaluation version of the Software. Licensee acknowledges that the Software cannot be completely error-free. EduLib disclaims all warranties regarding non-severe deviations of the advertised features of the Software. EduLib and its third party suppliers and licensors disclaim all other representations, warranties, and conditions, expressed, implied, statutory, or otherwise, including, but not limited to, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. The entire risk arising out of use or performance of the Software product remains with Licensee.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall EduLib or its suppliers be liable for any special, incidental, 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 or inability to use the software, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this Agreement, even in event of fault, tort (including negligence), strict liability, breach of contract or breach of warranty of EduLib or any supplier, and even if EduLib or any supplier has been advised of the possibility of such damages.
Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you, the Licensee. In such states and jurisdictions, EduLib's liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business. The disclaimer and limited liability above are fundamental to this Agreement between EduLib and the Licensee.
EduLib reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
This Agreement embraces the full and complete understanding of the parties as to the subject matter hereof and may not be diluted or modified except by written amendment which expressly refers to this Agreement and which is duly executed by both parties.
This Agreement is to be governed by and construed in accordance with Romanian laws.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
If you have any questions about this Agreement, or if you want to contact EduLib for any reason, please email to firstname.lastname@example.org.
Changes to our License Agreement
If we decide to change our License Agreement, we will post those changes on http://www.edulib.com/products/the-muse-platform/license/, and update the License Agreement modification date below.
This agreement was last modified on 15th January 2014.