Thesaurus Free- 1.0.1.0. 01-EULA-SU-2023
IMPORTANT - READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL PERSON, A COMPANY OR ANOTHER SINGLE LEGAL ENTITY) AND ClickShopEurope EC. ("ClickShopEurope"). BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR DEVICE, OR OTHERWISE USING THIS SOFTWARE PRODUCT, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE.
Please make sure that you will carefully read and understand the rights and restrictions described in this license. This license agreement replaces all and any previous presentations, discussions, agreements, communications or advertisements relating to the software product concerned. All rights not explicitly mentioned in this agreement are reserved to ClickShop.EU.
By installing, copying or otherwise using this Software product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are NOT allowed to use this Software product and you should remove it from your device instantly.
1. PARTIES
(a) "Licensor" means ClickShop.EU.
(b) "Licensee" means the individual or legal entity who owns the device on which the application is installed and/or specified during the ClickShop.EU website registration. For legal entities, "Licensee" includes any entity, which controls, is controlled by, or is under common control with Licensee. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2. DEFINITIONS
(a) "Authorized User" means (i) if Licensee is an individual, solely Licensee; (ii) if Licensee is a legal entity, any employee, independent contractor and other temporary worker authorized by Licensee to use the Software while performing duties within the scope of their employment or assignment.
(b) "Software" means including but not limited to ClickShop.EU in binary form, any associated media, printed materials, and online or electronic documentation, any modification, correction, enhancement, deletion or substitution of hereof (collectively, "Upgrades"), and any third party software programs that are owned and licensed by parties other than Licensor and that either integrated with or made part of ClickShop.EU (collectively, "Third Party Software").
(c) "License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form.
(d) "License Key" means a unique key-code that enables a single Authorized User to use the Software at a time. Only Licensor and/or its representatives are permitted to produce License Keys for the Software.
3. OWNERSHIP
(a) The Software is the property of Licensor or its suppliers. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor and its suppliers.
(b) The Software is protected by European Union Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in the Software are the valuable and confidential trade secrets of Licensor and its suppliers and are protected by intellectual property laws and treaties. Licensee agrees to abide by the copyright law and all other applicable laws of the European Union.
4. GRANT OF LICENSE
Subject to the terms, conditions, and limitations set forth in this Agreement, Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable license to use the Software as follows:
(a) Licensee may:
(i) install and use the version of the Software specified in License Certificate(s) on multiple devices and operating systems, provided that a number of concurrent users never exceeds the number of Authorized Users specified in the appropriate License Certificate(s) and that the same License Key is not used by multiple Authorized Users, on multiple devices, or on different operating systems at a time, and
(ii) make one back-up copy of the Software solely for archival purposes.
(b) Licensee may not:
(i) sell, redistribute (except as set forth in Paragraph 5 herein), encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any portions of the Software, to anyone without the prior written consent of Licensor;
(ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software,
or
(iii) allow the use of the same License Key by multiple Authorized Users, on multiple devices, or on different operating systems at a time.
(ii) Licensee's right to use a Software license shall be limited to one (1) year. Licensee may renew its Software license by purchasing a License extension for another year by submitting a written request to Licensor thirty (30) days prior to a license expiration date.
5. THIRD PARTY SOFTWARE LICENSE
(a) Third Party Software is licensed to Licensee in accordance with a separate license agreement(s) included with the Software, and subject to any restrictions set forth herein. Licensee agrees to abide by the terms and conditions of the Third Party Software license agreements. Licensor will have no responsibility with respect to any Third Party Software, and Licensee will look solely to the licensor(s) of the Third Party Software for any remedy. Licensor claims no right in the Third Party Software, and the same is owned exclusively by the licensor(s) of the Third Party Software.
(b) LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY SOFTWARE.
6. RESTRICTED USE DURING EVALUATION PERIOD
(a) Subject to the terms of this Agreement, Licensee is granted a right to use the BASIC version of the Software for evaluation purposes without charge for a period of thirty (30) days from the date of installation of the Software unless otherwise specified (Evaluation Period). The Evaluation Period can be less than thirty (30) days, if the user reaches one of the usage limits before the expiry date. These usage limits are built into the BASIC version.
(b) Licensees use of the Software during Evaluation Period shall be limited to the internal evaluation of the Software for the sole purpose of determining whether the Software meets Licensees requirements and whether Licensee desires to continue using the Software.
(c) Upon expiration of Evaluation Period, Licensee must obtain License Key for perpetual use of the Software or cease using the Software. The Software contains a feature that will automatically disable the Software upon expiration of Evaluation Period. Licensee may not disable, destroy, or remove this feature of the Software, and any attempt to do so will be in violation of this Agreement and will terminate Licensee's rights to use the Software.
7. LICENSE FEES AND PAYMENTS
Licensee will pay to Licensor the license fee and other charges and expenses as set forth in an appropriate invoice or other purchase documentation.
8. UPGRADES
All generally available Upgrades to the Software will be free of charge to Licensee during the initial one (1) year period after purchase of the Software. Upon installing any Upgrade, Licensee must cease using a previous version of the Software.
SOFTWARE PRODUCT LICENSE: The Software Product is protected by copyright legislation and by international copyright treaties, as well as other laws and treaties concerning intellectual property. This Software Product is licensed, not sold.
INTRODUCTION: The Software Product is among other things composed of the following parts:
(1) the basic programme including installation software
(2) "Up-to-date" check Foreign languages files. The foreign languages files are subject to this EULA, although this EULA is provided in the English language only. English will be considered the main language in which the terms and conditions of the EULA take effect.
The installation of this programme will copy several files enabling the software to run on your device. Other system files may be installed or updated, and the information concerned can be made known to the operating system through the installation. It is possible that the un-installation of the software does not fully remove all installed files or all information made known to the operating system.
9. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
(a) Support services. ClickShop.EU can / may provide you with support services related to the Software Product, to be referred to as "Support Services" from now on. Support Service is always purchased separately from the Software Product license. Use of Support Services is governed by the ClickShop.EU regulations and programmes described in the Support Services manual, in "on-line" documentation and / or in other materials supplied by ClickShop.EU. Any supplemental software code provided to you as part of the Support Services will be considered part of the Software Product and subject to the terms and conditions of this EULA. You acknowledge and agree that ClickShop.EU may use technical information provided by you to ClickShop.EU as part of the Support Services for its business purposes, including for product support and development. (b) ClickShop.EU and its suppliers will explicitly not warrant the quality of the Software Product as regards High Risk Activities. By means of this agreement you acknowledge that ClickShop.EU and its suppliers are not liable for claims or damage resulting from the use of the Software Product in such applications.
(c) Limitations on reverse engineering, decompilation and disassembly. You may not reverse engineer, decompile or disassemble this Software Product or in any other way examine the inner working of this Software Product.
(d) Rental. You may not rent, lease or lend the Software Product.
(e) Transfer of Software. You may not transfer, sell the rights covered by this EULA. By purchasing this software you bought the license to use this application yourself only.
(f) Multiplatform, Network, Localized and Dual Media software in multiple copies, bundles and Updates or Upgrades. Whether the Software Product supports several platforms or languages, or whether you receive the Software Product on several media, or whether you receive several copies of the Software Product in any way whatsoever, or whether you receive the Software Product in a bundle with other software, in all these cases you are only granted the right of standard use provided to you by this EULA. You are allowed to install and use one copy of this Software Product on a single device.
(g) Proving the right of use. If this Software Product license was not purchased directly by you, but by the company, organization that employs you then the system can only be installed on an OEM hardware. The company, organization can only install this Software Product matching the number of licenses purchased by the company, organization. In this case the company, organization needs to keep an exact written record of the number of installations of this Software Product, including the exact location of the installed hardware and the person's identification data who is authorized to use this Software Product or any component of this Software Product. You acknowledge and agree that upon the request of ClickShop.EU or an authorized ClickShop.EU representative you will fully certify that the use of all licenses at the moment of the request are in accordance with your valid ClickShop.EU licenses.
(h) Server components: In case this Software Product has server side component(s), those component(s) are covered by the same licensing rights and restrictions as the client side components. The people who run and maintain the server side components need to accept the content of this license before you can start to install the client side component(s) of this Software Product.
(i) Initialization code: The installation of this Software Product may require an 'Initialization code'. In order for ClickShop.EU to provide you this code we need you to send us the 'Product code'. In reply we will send you back an 'Initialization code', which needs to be used to finish the installation process.
j) Hardware ID based licensing: This Software Product may have a built-in Hardware ID based licensing system. After installing this Software Product, but before using it the first time, you need to send us your Hardware ID. Based on this Hardware ID we send you a software license file that allows you to use this Software Product for a given period of time. Hardware ID based licensing can provide you a maximum 1 year usage time after which you need to renew your license file.
10. INTELLECTUAL PROPERTY RIGHTS:
All title and intellectual property rights in and related to this Software Product, including but not limited to any images, photographs, animations, video, audio, music, text, shortcuts and Applets incorporated into the Software Product, the accompanying printed materials and any copies of the Software Product are owned by ClickShop.EU or its suppliers. The software code constitutes a valuable trade secret and confidential information owned by ClickShop.EU or its suppliers. The Software Product is protected by the European Union intellectual property laws, by international treaties and by the applicable law of the country where the Software Product is used. You should therefore consider and treat the Software Product as any other material encumbered with a copyright.
10.1. Trademarks
Trademarks must be used in accordance with the standards and values universally accepted in society and transactions, including identification of the owner of the trademark. Trademarks may be used only for identification of the printed software output. Such use of the trademarks concerned does not grant you any rights in connection with the ownership of the trademark itself.
11. UP-TO-DATE:
In the use of this Software Product, your privacy is of the utmost importance to us. The "Up-to-date" application is developed to detect if any new updates of the software are available online. No information other than product name and software version number will be transferred to us.
12. UPDATING/ UPGRADING:
"Update" is taken to mean new minor features, changes or alterations to the programs core or graphic user interface, repairs, patches and other fixes of any repairable defect, including irregularities, incompatibilities or other inconsistencies resulting in the failure of or prevention of the normal functioning of the product. "Upgrade" is taken to mean a new released version containing significant improvements of the functionality or the possibilities compared with the previous version. These improvements exceed the contents of the improvements in a software Update.
If the software is an Update or Upgrade of a previous version of the software, you should be in the possession of a valid license to such a previous version, in order to be allowed to use the software. You are permitted to use the previous version of the software on your device after you received the Upgrade or Update in order to help you with the transition to the Update or Upgrade, assuming that the Update or Upgrade is installed on the same device and assuming you acknowledge that every obligation ClickShop.EU would have to lend support services in connection with the previous version is terminated when the Update or Upgrade becomes available and operational.
13. TERMINATION:
ClickShop.EU is entitled to terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the Software Product and all of its component parts and remove all installed software parts from your devices immediately. The Licensee agrees that upon termination of this agreement for any reason, licensor may take actions so that the software no longer operates.
14. MARKETING
Licensee agree to be identified as a customer of Licensor and that Licensor may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee's business in Licensor's marketing materials, on Licensor's web site, in public or legal documents. Licensee hereby grants Licensor a license to use Licensee's name and any of Licensee's trade names and trademarks solely pursuant to this marketing section.
15. LIMITED LIABILITY AND WARRANTY:
INSOFAR AS PERMITTED BY THE APPLICABLE LAW, CLICKSHOP.EU AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL LIABILITY, EXPLICITLY OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL IMAGINABLE WARRANTIES OF MERCHANTABILITY, OF SUFFICIENT QUALITY, OF FITNESS FOR A SPECIFIC PURPOSE, OF COMPLIANCE WITH THIRD PARTY INTELLECTUAL PROPERTY RIGHTS AND OF FAILURE TO PROVIDE SUPPORT SERVICES.
CLICKSHOP.EU DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CLICKSHOP.EU SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE CLICKSHOP.EU SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CLICKSHOP.EU SOFTWARE WILL BE CORRECTED. FURTHERMORE CLICKSHOP.EU DOES NOT WARRANT THE USE OR THE RESULTS OF THE USE OF THE CLICKSHOP.EU SOFTWARE OR THE RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
CLICKSHOP.EU RESERVES THE RIGHT TO PERIODICALLY UPDATE AND / OR UPGRADE THE SOFTWARE AT ITS OWN DISCRETION. WITH THE INSTALLATION OF THE SOFTWARE YOU ACKNOWLEDGE AND AGREE THAT YOU APPROVE OF POSSIBLE FUTURE UPDATES AND / OR UPGRADES AND THE FACT THAT THIS EULA CONTINUES TO APPLY UNIMPAIRED TO UPDATES AND UPGRADES.
UNDER NO CIRCUMSTANCES WHATSOEVER, INCLUDING NEGLIGENCE, SHALL ClickShopEurope BE LIABLE FOR ANY SECONDARY, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO ITS SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLICKSHOP.EU OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR BUSINESS INTERRUPTION, FOR LOSS OF BUSINESS INFORMATION, OR FOR ANY OTHER PECUNIARY LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR THE INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF CLICKSHOP.EU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE THE ENTIRE LIABILITY OF CLICKSHOP.EU UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLICKSHOP.EU OR A CLICKSHOP.EU AUTHORISED REPRESENTATIVE, DISTRIBUTOR, EMPLOYEE OR AGENT SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE, CHANGE OR AMEND TO THE SCOPE OF THIS WARRANTY.
SHOULD THE CLICKSHOP.EU SOFTWARE PROVE DEFECTIVE, YOU (AND NOT CLICKSHOP.EU OR A CLICKSHOP.EU AUTHORISED REPRESENTATIVE) WILL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE ABOVE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF CONSUMERS ACQUIRING CLICKSHOP.EU PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF SECONDARY OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
16. GENERAL
(a) Licensor 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.
(b) This Agreement, including the Third Party Software license agreements, constitutes the entire agreement between the parties concerning Licensee's use of the Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to the Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and Licensor.
(c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding said expiration or termination.
(e) Titles are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Licensor or Licensee may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns.
17. MISCELLANEOUS:
If you are interested in or have any questions relating to the sales information of ClickShop.EU products, please use the address and contact information supplied with this Software Product to contact ClickShop.EU.
If you have any questions concerning this EULA, or if you feel the need to contact ClickShop.EU for any other reason, please e-mail to ClickShopEurope@gmail.com.
Updated September 15, 2023