INTERNATIONAL SYST®
END USER SOFTWARE
LICENSE AND LIMITED WARRANTY AGREEMENT
NOTICE TO USER: PLEASE READ
THIS CONTRACT CAREFULLY. By using, copying or distributing all or any portion
of the INTERNATIONAL SYST® software
("Software") you accept all the terms and conditions of this
agreement. You agree that this agreement is enforceable like any written
negotiated agreement signed by you. This agreement is enforceable against you
and any legal entity that obtained the Software and on whose behalf it is used.
If you do not agree, do not use this software, do not install it or
uninstall it, should it come pre-installed on your computer. |
This agreement governs the use of the software
distributed by INTERNATIONAL SYST S/A and any updates to the Software. International
Syst owns all intellectual property in the Software and permits you to use the
Software only in accordance with the terms of this Agreement.
1.1. “International Syst” means INTERNATIONAL SYST S/A, a company organized under the laws of Brazil, with head office in the city of Belo Horizonte, state of Minas Gerais, at Av. Raja Gabaglia, 4055, Bloco A, Cj. 215, Bairro Santa Lúcia, enrolled in the National Corporate Taxpayers’ Register under CNPJ number 65.165.805/0001-30.
1.2. “Software” means (a) all of the contents of the files (provided either by electronic download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) International Syst computer information or software, including the v-Class, PolicyControl, Parental Control and Metasys Sync; (ii) related explanatory written materials or files; and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by International Syst (collectively, "Updates").
1.3. “Documentation” means International Syst publications related to the Software and actually furnished to you, including without limitation, customer reference manuals and installation, administrative and programmer guides.
1.4. “Open Source Application” means a computer software developed by third parties and licensed under an open-source license or free software license. The Open Source Application has its own license founded on the General Public License GNU (“GPL”) and other free software licenses allowing copying, modification and redistribution. The end user’s license for each application is located in the respective component package in a text file.
1.5. “Use" or “Using” means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
1.6. “System” means any and all hardware or an electronic device in which the Software is installed, which can be, but is not limited to a computer, notebook, desktop or other workstations.
1.7. “Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by International Syst.
1.8. “Registration Number” means the registration key number of the Software, that is supplied by International Syst or that is automatically attributed to a System when it is connected to the Internet for the first time.
1.9. “Update Validity Period” means the validity period of the technological update assurance service execution for the Software, as from the date of the Software activation to twelve (12) months after its termination.
1.10. “Software Update” means the versions of all the maintenance releases and version releases that, from time to time, are indicated as such as released by International Syst, which are conferred to you for the receipt and non-exclusive use available for downloading during the Update Validity Period.
2.1. Software License. If you obtained the Software from International Syst or one of its authorized licensees, and subject to your compliance with the terms of this agreement (this "Agreement"), International Syst grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation as follows.
2.2. General Use. You may install and Use a copy of the Software on your compatible System, up to the Permitted Number of computers. The Software may not be shared, installed or used concurrently on different computers.
2.3. Software Activation. To be able to have access to Software Update, the Software copy licensed to you shall be activated, as here described. The software activation will be automatically done when the System is connected for the first time to the Internet, when hardware and connection identification data are sent to International Syst's servers. No user's data is sent. Activation of the Software entitles you to have access to the following services: (i) receipt and non-exclusive use of more recent versions of the Software or its components and applications, available for download; (ii) access to information on products, launchings and services, download area, frequently asked questions and others, available in restricted area of the International Syst's web portals (www.metasys.com.br and or www.mymetays.com).
2.4. Updates. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update and you must had activated the Software. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your System after you Use the Update but only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or System unless all copies of the Update are also transferred to such party or System; and (c) you acknowledge that any obligation International Syst may have to support the previous versions of the Software may be ended upon availability of the Update.
2.5. Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any System. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under section 3. Transfer.
2.6. No Modification. You may not modify, adapt, translate or create derivative works based upon the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested International Syst to provide the information necessary to achieve such operability and International Syst has not made such information available. You may reverse engineer the software only to the extent necessary to debug the libraries distributed under the LGPL 2.1 as that in http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html. International Syst has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by International Syst and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the International Syst through the e-mail comercial@syst.com.br.
2.7. Third Party Website Access. The Software may allow you to access third party websites ("Third Party Sites"). Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by International Syst. Your use of Third Party Sites is at your own risk. International Syst makes no warranties, conditions, indemnities, representations or terms, express or implied, whether by statute, common law, custom, usage or otherwise as to any other matters, including but not limited to non-infringement of third party rights, title, integration, accuracy, security, availability, satisfactory quality, merchantability or fitness for any particular purpose with respect to the Third Party Sites.
3.1. You may not rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's System except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity, (b) you retain no copies, including backups and copies stored on a Computer, and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer pre-release, or not for resale copies of the Software.
4.1. The Software and any authorized copies that you make are the intellectual property of and are owned by International Syst and it represents that it has all rights and licenses necessary to grant the rights and licenses set out in this Agreement.
4.2. The structure, organization and code of the Software are the valuable trade secrets and confidential information of International Syst. The Software is protected by law, including without limitation the copyright laws of Brazil and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by International Syst.
4.3. The Software does not incorporate and it’s not derived from any Open Source Application or quasi-open source code. However, the Software can interract with and has dependencies with some Open Source Applications, but without imposing any license or distribution restrictions to the Software. The Software was designed to run on an open source operating system or proprietary and all the necessary dependencies must be part of the operating system and were not modified or changed by International Syst. For detailed information on the used dependencies, licenses and interaction mechanisms, please refer to its Certificate of Originality, that can be provided by International Syst to you.
4.4. This Agreement does not allow you to distribute the Software or any one of its components, regardless of whether or not it is modified, or to use International Syst’s registered trade mark. In case of doubt, you must seek the necessary information contacting International Syst through the e-mail comercial@syst.com.br.
5.1. According to applicable law, except for express determination to the contrary, the Software is supplied and licensed “AS IS”, with no warranties of any kind, either express or implicit, including, without limitation, marketing warranties or implicit warranties to adapt them to a particular purpose, according to law. International Syst do not and cannot warrant the performance or results you may obtain by using the Software.
5.2. International Syst do not offer warranties that the functions contained in the Software will be compatible with your requirements or that the Software's operation is completely free from errors or that it is exactly like what is described in the Documentation that goes with it.
5.3. International Syst do not warrant that the Software will not be discontinued.
6.1. In accordance with the law, the reparations described below are accepted by you as being unique, and will be available only if you carries out activation of the Software purchased. International Syst’s total liability and that of their distributors for reparations to be received by you only apply should the product media present defects. In this event, you may return it no later than 30 (thirty) days from delivery, together with a copy of your payment receipt, and International Syst will replace it.
6.2. According to applicable law, under no circumstances will International Syst and its distributors be liable for any accidental damages or those arising from damages, including loss of profits or additional expenses, for loss, inaccuracy or corruption of data, ceasing to use the Software, business interruption and other pecuniary losses directly or indirectly caused by the products supplied, or results produced by using the Software, even if International Syst or the possibility of such damages has been reported to International Syst or their distributors.
6.3. The total of International Syst’s liability and that of its distributors will under no circumstances exceed the amount effectively paid to International Syst by you for the software product purchased hereby.
6.4. International Syst is not responsible for improper use of the Software.
6.5. International Syst takes on no liabilities other than those expressed herein.
7.1. This Agreement will remain in effect until canceled by any of the parties. You may cancel this deed at any time by returning the Software to International Syst or by destroying the Software and all related documentation, as well as all copies and installations thereof. This Agreement will be fully legally canceled, regardless of notice by International Syst, should you cease to comply with any provision hereof.
8.1. In the event of any clause, term or provision hereof being declared null and void or unenforceable, such nullity or unenforceability will not affect any other clauses, terms or provisions contained herein, which will remain in full force and effect.
8.2. The clauses herein, which are of an ongoing nature, particularly those concerning intellectual property rights, confidentiality and liability, will survive their cancellation or termination.
8.3. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer.
8.4. This Agreement may only be modified by a writing signed by an authorized officer of International Syst.
8.5. Updates may be licensed to you by International Syst with additional or different terms.
8.6. This is the entire agreement between International Syst and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
9.1. The Parties hereby irrevocably submit to the exclusive jurisdiction of the Brazil court and the laws of the Federal Republic of Brazil and agree that the settlement of issues related to the interpretation or execution of this Agreement shall be set up in an Brazilian arbitration chamber, according with the Brazilian commerce law.
If
you have any questions regarding this Agreement or if you wish to request any
information from International Syst please use the address and contact
information bellow.
________________________________________________
International Syst S/A
Av. Raja Gabáglia, 4055 Bloco A - Cj. 215 – Santa Lúcia
30360-670 - Belo Horizonte – MG – Brazil
Telephone: +55-31-3503-9040, Fax: +55-31-3503-9009
http://www.metasys.com.br
________________________________________________
Copyright
© 2002-2009 International Syst S/A. All rights reserved
"International
Syst” and “Metasys” are International Syst S/A registered trade marks.
INTERNATIONAL SYST EULA [EN] version 1.1.0 – 30-Mar-2009