SYNERGIVE END USER LICENCE AGREEMENT
These license terms are an agreement between Synergive and you. Please
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT
THEM, DO NOT USE THE SOFTWARE.
AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO
THE TRANSMISSION OF CERTAIN INFORMATION SPECIFIC TO YOUR DEVICE DURING
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR
EACH LICENSE YOU ACQUIRE.
1. OVERVIEW. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS.
a. One Copy per Device. You may install one copy of the software on one
device. That device is the "licensed device".
b. Licensed Device. You may only use one copy of the software on the
licensed device at a time.
c. Separation of Components. The components of the software are licensed
as a single unit. You may not separate the components and install them
on different devices.
d. Free and commercial versions. The software may be licensed as a free
version. Free version will never expire or cripple functionality, so it
is not a trial version. Commercial versions, if exist, have extended set
of features not present in free version. Activation process, if there is
any, enables you to upgrade functionality of your free version to one of
the commercial versions that you have purchased. During activation
process we gather information about your e-mail address and your device
for license terms validation purposes. BY USING THE SOFTWARE, YOU
CONSENT TO THE TRANSMISSION OF THIS INFORMATION.
If properly licensed, you have the right to use free or commercial
version of the software you have purchased. YOU ARE NOT PERMITTED TO
BYPASS OR CIRCUMVENT ACTIVATION. You can activate the software by
Internet only. If you do so, Internet service charges may apply.
3. TRANSFER TO ANOTHER DEVICE. Activation binds your license to your
device. In order to transfer your rights to a different device you have
to deactivate this binding. You can deactivate your license from within
the software. After successful deactivation, which requires Internet
connection, you can activate your license on a different device. That
device becomes the licensed device.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement
only gives you some rights to use the features included in the software
edition you licensed. Synergive reserves all other rights. Unless
applicable law gives you more rights despite this limitation, you may
use the software only as expressly permitted in this agreement. In doing
so, you must comply with any technical limitations in the software that
only allow you to use it in certain ways. You may not:
ˇ work around any technical limitations in the software;
ˇ reverse engineer, decompile or disassemble the software, except and
only to the extent that applicable law expressly permits, despite this
ˇ use components of the software to run applications not running on the
ˇ make more copies of the software than specified in this agreement or
allowed by applicable law, despite this limitation;
ˇ publish the software for others to copy;
ˇ rent, lease or lend the software; or
ˇ use the software for commercial software hosting services.
5. THIRD PARTY SOFTWARE COMPONENTS. If this software contains third
party software components, the license terms with those components apply
to your use of them.
6. APPLICABLE LAW. Polish law governs the interpretation of this
agreement and applies to claims for breach of it, regardless of conflict
of laws principles.
7. LEGAL EFFECT. This agreement describes certain legal rights. You may
have other rights under the laws of your country or state. You may also
have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the
aforementioned laws if that laws do not permit it to do so.
8. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from
Synergive only direct damages up to the amount you paid for the
software. You cannot recover any other damages, including consequential,
lost profits, special, indirect or incidental damages. This limitation
ˇ anything related to the software, services, content (including code)
on third party Internet sites, or third party programs; and
ˇ claims for breach of contract, breach of warranty, guarantee or
condition, strict liability, negligence, or other tort to the extent
permitted by applicable law.
It also applies even if
ˇ repair, replacement or a refund for the software does not fully
compensate you for any losses; or
ˇ Synergive knew or should have known about the possibility of the
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not
apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or
A. LIMITED WARRANTY. If you follow the instructions and the software is
properly licensed, the software will perform substantially as described
in the Synergive materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED
WARRANTIES. The limited warranty covers the software for one year after
acquired by the first user. If you receive supplements, updates, or
replacement software during that year, they will be covered for the
remainder of the warranty or 30 days, whichever is longer. If the first
user transfers the software, the remainder of the warranty will apply to
the recipient. To the extent permitted by law, any implied warranties,
guarantees or conditions last only during the term of the limited
warranty. Some states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to you. They also
might not apply to you because some countries may not allow limitations
on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems
caused by your acts (or failures to act), the acts of others, or events
beyond Synergive's reasonable control.
D. REMEDY FOR BREACH OF WARRANTY. Synergive will repair or replace the
software at no charge. If Synergive cannot repair or replace it,
Synergive will refund the amount shown on your receipt for the software.
It will also repair or replace supplements, updates and replacement
software at no charge. If Synergive cannot repair or replace them, it
will refund the amount you paid for them, if any. You must deactivate
the software and return any media and other associated materials to
Synergive with proof of purchase to obtain a refund. These are your only
remedies for breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights
under your local laws, which this agreement cannot change.
F. PROOF OF PURCHASE. You need proof of purchase for warranty service.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty
from Synergive. Synergive gives no other express warranties, guarantees
or conditions. Where allowed by your local laws, Synergive excludes
implied warranties of merchantability, fitness for a particular purpose
and non-infringement. If your local laws give you any implied
warranties, guarantees or conditions, despite this exclusion, your
remedies are described in the Remedy for Breach of Warranty clause
above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The
Limitation on and Exclusion of Damages clause above applies to breaches
of this limited warranty. This warranty gives you specific legal rights,
and you may also have other rights which vary from state to state. You
may also have other rights which vary from country to country.