END USER LICENSE AGREEMENT (EULA) FOR FAPEC DATA COMPRESSION SOFTWARE
1. Use subject to authorization. The FAPEC data compressor and decompressor, including the WinFAPEC graphical user interface, (the “Software”), is protected by the national and international legislation applicable in Intellectual Property, according to which its use is subject to the granting of an authorization.
2. Granting of License of use. Subject to the terms of this Agreement, DAPCOM Data Services S.L. (“DAPCOM”) grants the User, during the Term described below, a limited, revocable, non-exclusive, non-transferable, non-sub licensable license to install and use the Software on a single computer after downloading of the Software. The Software may have been downloaded by the User for free (“Evaluation Software”), including an option to download Decompression-Only Free Software (“Free Software”), or provided by DAPCOM after the User has acquired a fully functional license (“Full Software”). Evaluation Software shall be used for the sole purpose of evaluating its functionalities and performance, and not in a production environment. Free Software has no time or purpose limitations. User may only use the Evaluation Software for its evaluation solely for Customer’s own internal business purpose in accordance with the Software documentation and other terms and conditions of this Agreement. User’s right to use the Evaluation Software shall lapse at the end of the Term and, at that time, the Software will then become inoperable. If the User desires to continue using the Software, another licensing agreement with DAPCOM shall be pursued. Full Software can be requested to sales@dapcom.es.
3. Restrictions of Use. User shall not (a) modify, adapt, alter, translate, or create derivative works from the Software; (b) sublicense, lease, rent, loan, sell, distribute, make available or otherwise transfer the Software to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software; or (d) otherwise use or copy the Software except as expressly allowed under Section 2 above. User may disclose or publish the results of performance or benchmark tests of the Software; in such an event, DAPCOM should be informed by providing the link or publication to fapec@dapcom.es.
4. Validity of the license (“Term”). This Agreement is effective upon acceptance by the User and shall continue until expiration of the License Period (30 days for Evaluation Software, 1 year for Full Software, and unlimited for Free Software) unless sooner terminated by DAPCOM for any reason whatsoever. For the Evaluation Software, DAPCOM may, in its sole discretion, provide User an extension to this License Period for the sole purpose of continuing the evaluation activities by the User under this Agreement. There is no time limit in the Free Software. After the 1-year time limit of the Full Software, the User shall pursue a license renewal with DAPCOM, or otherwise stop using the Software.
5. Confidentiality. DAPCOM may disclose to the User certain information regarding the business of DAPCOM including the Software and technical, marketing, financial, employee, planning, and other confidential or proprietary information of DAPCOM (“Confidential Information”). Any information that User knew or should have known, under the circumstances was considered confidential or proprietary by DAPCOM, will be considered Confidential Information. User agrees (a) not to disclose Confidential information to any persons outside its organization, except to its consultants or agents who agree in writing to protect such Confidential information as required herein; and (b) to use the Confidential information only for the purpose of evaluating the Software.
6. License price. The license for the Evaluation Software and for the Free Software covered by this agreement is free during the period described in Sections 2 and 4. The license price for the Full Software will be set by DAPCOM.
7. Support, maintenance and updating. DAPCOM has no obligation under this Agreement to provide any support or consultation concerning the Evaluation Software and Free Software provided. However, DAPCOM may, in its sole discretion, provide User with certain support and consultation, free of charge, to assist in the evaluation activities of the User under this Agreement. The furnishing of such support or consultation will not subject DAPCOM to any liability, whether in contract, tort or otherwise. For Full Software licenses, DAPCOM will specify to the User the support, maintenance and updating terms, which will be provided during the license validity period described in Sections 2 and 4.
8. Intellectual property rights. All intellectual property rights on the Software, as well as on other any elements incorporated into the same and/ or to the materials and attached documents, whether printed or electronic format, belong to DAPCOM and are protected by the laws and international treaties regulating intellectual property rights. Except for the right to use granted under the terms and conditions set forth in this License Agreement, the User is not authorised to make any other use of the Software. In particular, it is expressly prohibited to the User to grant sub-licenses, rent, sell, or transfer in any other form the License of use obtained hereby.
9. Limited warranty. DAPCOM does not guarantee to the User that the Software is free of errors, with the proviso of commitment of correction of said errors on the terms specified above, nor does it guarantee that the Software meets the requirements and/or needs of the User when purchased.
10. Damages. DAPCOM shall in no case be responsible for damages of any kind, whether direct or indirect, that may result from the installation, execution or use of any form of the Software. In any event, DAPCOM’s responsibility will be limited to the amount satisfied by the User for the License.
11. Termination for breach of contract. DAPCOM can terminate this Agreement by means of a simple written notification to the User, in the event of breach by the User of any of its terms and conditions.
12. Validity and possible modification of the stipulations of the License. In the event that the agreement or any of the terms and/or conditions of this License is declared null and void, such annulment shall not affect the remaining stipulations of the agreement, which will remain fully in force.
13. Governing law and jurisdiction. This License of use shall be interpreted and enforced in accordance with laws of Spain. The Courts of the city of Barcelona will have exclusive jurisdiction to know and solve any dispute that might arise between the Parties related to the interpretation, execution and resolution of this Agreement, both Parties accepting to submit to the said jurisdiction, with express waiver to any other jurisdiction that might be available to them.
Text revision: 13 September 2023
