LICENSE TERMS FOR SMARTSOFT SOFTWARE APPLICATION TRANSLATOR THESE LICENSE TERMS ARE AN AGREEMENT BETWEEN SMARTSOFT COMPANY (OR, IF APPLICABLE BASED ON WHERE YOU ACQUIRED THE SOFTWARE, ONE OF ITS AFFILIATES) AND YOU. PLEASE READ THEM. THEY APPLY TO THE SOFTWARE NAMED ABOVE WHICH INCLUDES THE MEDIA ON WHICH YOU RECEIVED IT, IF ANY. THE TERMS ALSO APPLY TO THE SMARTSOFT: * UPDATES, * SUPPLEMENTS, * INTERNET-BASED SERVICES, AND * SUPPORT SERVICES, FOR THIS SOFTWARE UNLESS OTHER TERMS ACCOMPANY THOSE ITEMS. IF SO, THOSE TERMS APPLY. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT. SMARTSOFT DOES NOT COLLECT ANY INFORMATION FROM YOU OR YOUR COMPUTER SYSTEM THAT CAN BE USED TO IDENTIFY YOU OR CONTACT YOU WITHOUT YOUR CONSENT. AS DESCRIBED BELOW, THIS AGREEMENT OPERATES AS YOUR CONSENT TO THE COLLECTION OF CERTAIN INFORMATION FOR INTERNET-BASED SERVICES. 1. OVERVIEW. a. Software. The software is a suite of SMARTSOFT translating tools, software programs, and documentation. b. License model. The software is licensed based on the number of users that use the software. 2. INSTALLATION AND USE RIGHTS. If you comply with this agreement, for each license you acquire, you have the rights below. a. General. One user may install and use copies of the software to translate programs into other languages. 3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. SMARTSOFT 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. The software is engineered to allow you to use it in certain ways. You must comply with these technical limitations. For more information about them, see the software documentation. You may not: * work around technical limitations in the software, * reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation, * make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation, * publish the software for others to copy, * rent, lease or lend it, or * use it for commercial software hosting services. 4. DOWNGRADE. You may install and use an earlier version of the software at the same time. If you install an earlier version, this agreement applies. The earlier version may contain software components which are not included in this version of the software. If so, the terms specific to those components will apply to your use of them. The agreement that accompanies the earlier version of the software contains those terms. SMARTSOFT is not obligated to supply earlier versions to you. 5. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this agreement directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies. 6. REASSIGNMENT OF LICENSES. You may permanently reassign a license from one user to another. 7. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 8. SUPPORT SERVICES. SMARTSOFT provides support services for the software as described at www.shop.apptrans.pl 9. ENTIRE AGREEMENT. This agreement (including the warranty below) and any amendments to it, and the terms for supplements, updates, Internet-based services and support services, are the entire agreement for the software and support services. 10. APPLICABLE LAW. a. Poland. If you acquired the software in Poland, Polish law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. b. Outside Poland. If you acquired the software in any other country, the laws of the country where you live apply. 11. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. 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 laws of your country if the laws of your country do not permit it to do so. 12. LIMITATIONS ON AND EXCLUSIONS OF DAMAGES. YOU CAN RECOVER FROM SMARTSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to * any matter related to the software, services, content (including code) on third party Internet sites, or third party programs, and * 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 * repair, replacement or a refund for the software does not fully compensate you for any losses, or * SMARTSOFT knew or should have known about the possibility of the damages. Above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. ************************************************************************************************************ LIMITED WARRANTY A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the SMARTSOFT 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 APPLICABLE LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS THAT YOU HAVE LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Above limitations may 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 SMARTSOFT's reasonable control. D. REMEDY FOR BREACH OF WARRANTY. WE WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF WE CANNOT REPAIR OR REPLACE IT, WE WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. WE WILL REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF WE CANNOT REPAIR OR REPLACE THEM, WE WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN IT TO SMARTSOFT 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. WARRANTY PROCEDURES. You need proof of purchase for warranty service. G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM SMARTSOFT. WE GIVE NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, WE EXCLUDE THE 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. LIMITATIONS ON AND EXCLUSIONS OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATIONS ON AND EXCLUSIONS 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 COUNTRY TO COUNTRY.