CODIJY Pro for Windows 3.5.7

EULA - End User License Agreement

End-User Licence Agreement (EULA)

Important! Read the following terms carefully before installing, copying and/or using Color Magic (SOFTWARE). Installing, copying or using the product indicates your
acceptance of these terms. This CODIJY End-User Licence Agreement ("EULA") is a legal agreement between you, the end user (either an individual or a single entity), and CODIJY for the software
product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (SOFTWARE).
By installing, copying, or otherwise using the SOFTWARE, you acknowledge that you have read this EULA and that you understand it and agree to be bound by its terms.
This EULA becomes effective when you accept all the terms stated herein by choosing the "I accept the terms of the licence agreement" declaration followed by the "Next" command
on your computer screen, and is binding for the entire period of the SOFTWARE copyright. The SOFTWARE is protected by the copyright laws of the Ukraine, international treaty
provisions, and the laws of the country of purchase or final use. You agree that this EULA is enforceable like any written negotiated agreement signed by you. This EULA is enforceable against you and any entity that obtained the SOFTWARE or on whose behalf it is used.If you do not agree with the terms of this EULA, do not use the SOFTWARE, select the "I do not accept the terms of the licence agreement" declaration, and click "Cancel" to quit the installation program.

This is a trial version. Anyone may use it during 15 days from download. Following this test period or less, if you wish to continue to use Color Magic (SOFTWARE), you must purchase it.
You can purchase this SOFTWARE following link: //www.codijy.com> You may obtain a refund of the amount you originally paid if you:(i) Do not use the SOFTWARE, and(ii) Return the SOFTWARE, including all of the above-mentioned documentation, media and packaging, with the proof of payment, to the place where you bought the SOFTWARE, within thirty (15) days starting from the date of purchase unless otherwise stipulated by the laws of the country where you purchased the SOFTWARE or the return policy of the seller from whom you purchased the SOFTWARE.
Definitions
1) "CODIJY" means private owner Teliuk Ruslan Vladimirovich, Ukraine,
Odessa, 65000, Tairova srt. 6,
2) "CODIJY Group" means CODIJY with all its affiliates."CODIJY affiliate" means an entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control of CODIJY. "You", "your", and "end user" refer to and includes any person and/or any entity that obtained and use this SOFTWARE.

1. Grant of Licence

1.1. Subject to your compliance with the terms of this EULA, CODIJY grants you a non-exclusive limited right (the "Licence") enabling you to use the SOFTWARE, including all the images, photos, animations, audio and video components, music, text, and additional applications incorporated into the SOFTWARE, as well as the accompanying printed materials and all of the SOFTWARE copies solely as set forth below. All the terms stated below apply both to the SOFTWARE as a whole and to all of its separate components.
2. Licence

2.1. CODIJY represents, warrants and guarantees that it has the full right, power, legal capacity, ability and authority to licence and distribute the SOFTWARE, including all the images, photos, animations, audio and video components, music, text, and applications incorporated into the SOFTWARE, as well as the accompanying printed materials and all of the SOFTWARE copies.
2.2. All title and intellectual property rights in and to the content that is not contained in the SOFTWARE, but may be accessed through use of the SOFTWARE, are the property of the respective content owners and protected by the laws of the Ukraine, international treaties, and the laws of the country of purchase or final use. This EULA does not grant
you any rights to such intellectual property.
2.3. The SOFTWARE contains valuable trade secrets and confidential information belonging to CODIJY and third parties and is protected by copyright, including, without limitation, by the laws the Ukraine, United States Copyright Law, international treaty provisions, and the applicable laws of the country of purchase or final use. Any use of the SOFTWARE outside of or in contravention of the terms and conditions of this EULA shall constitute a breach of CODIJY�s and/or third party�s intellectual property rights and shall be cause for the revocation of all rights to use the SOFTWARE granted to you
under this EULA.
2.4. You may make a one-time permanent transfer of this SOFTWARE only directly to another end user. This transfer must include all of the SOFTWARE (including all component parts, the media and printed materials, and any upgrades), and this EULA. Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE. You must uninstall the SOFTWARE from your computer or server in the case of such SOFTWARE
transfer.
2.4.1. Any transfer of the SOFTWARE to a third party except as set forth in article 2.4 of this EULA shall constitute a breach of this EULA, and you shall forfeit all rights to use the SOFTWARE and receive technical support for the SOFTWARE.
2.5. This EULA does not grant you any rights in connection with any trademarks of CODIJY.
2.6 Reservation of Rights. CODIJY reserves all rights not expressly granted to you in this
EULA

3. Using the SOFTWARE

3.1. If you are a company, a legal entity, a state body or a body of local self-government, you may install the SOFTWARE only on one computer - either on a desktop computer or on a portable (laptop) computer.
3.1.1. In the case of a network installation you may use the SOFTWARE within one local area network only. You may install the SOFTWARE on your network server and from the server you may install the SOFTWARE on an unlimited number of workstations, provided that you use one copy of the SOFTWARE on one workstation at a time, unless otherwise stipulated in a separate agreement with CODIJY
3.2. If you are a private individual, you may install the SOFTWARE on two computers - on one office computer and on one home computer, provided that you do not use the
SOFTWARE simultaneously on the office computer and on the home computer.
3.3. You may additionally install and use the SOFTWARE on the following devices:� two handheld computer, or one�handheld computer and one desctop computer, unless otherwise stipulated in your separate agreement with CODIJY.
3.4. You may simultaneously use the SOFTWARE on your desktop computer and on your handheld computer or smartphone. Such use of the SOFTWARE does not constitute a breach of articles 3.1. - 3.3 of this EULA.
3.5. If the name of the SOFTWARE contains the words "First Step", please see Section

4.

4. Dual-Media SOFTWARE

4.1. You may receive the SOFTWARE on more than one medium, including downloads over the Internet. Regardless of the number of media you receive, you are only licensed to use one copy of the SOFTWARE in accordance with Section 3 of this EULA.

5. End-User Databases

5.1. You may use the SOFTWARE to create your own databases and/or to connect third-party databases not owned by CODIJY if this feature is supported by the SOFTWARE.5.2 If you use the SOFTWARE to create your own databases or to connect third-party databases, CODIJY disclaims any and all liability with respect to the intellectual property rights of the third parties involved.

6. Redistribution of the SOFTWARE

6.1. Any redistribution of the SOFTWARE, except as described in article 2.4, is strictly prohibited. Redistribution includes, but is not limited to, granting third parties access to any components of the SOFTWARE in any form, renting, leasing, or lending the SOFTWARE.

7. Limitations

7.1. You acknowledge that the SOFTWARE is protected from unauthorized copying and/or use. You may not be able to exercise your rights to the SOFTWARE under this EULA unless you activate your copy of the SOFTWARE. When you activate your copy of the SOFTWARE, no personal information will be transmitted to CODIJY. Activation is completely anonymous. During activation, a unique parameter is created that represents the configuration of your computer at the time of activation. The parameter does not include any personal information, any information about software or data that may reside on your computer, or any information about the specific make or model of your computer. The parameter identifies the computer solely for the purpose of activation. Together with the parameter, the name, serial number, version number, and interface language of your copy of the SOFTWARE will be sent to CODIJY. This information will only be used to select the correct language and contents of the reply message to inform you about the results of the activation procedure and will not be used for any other
purposes.
7.2. All usage terms and limitations governing the use of the SOFTWARE are stated in this EULA, unless otherwise stipulated in a separate agreement with CODIJY.7.3. You may not perform or make it possible for other persons to perform any activities included in the list below.
7.3.1. Disassemble or decompile (i.e. extract the source code from the object code) the SOFTWARE (applications, databases (including dictionaries), and any and all SOFTWARE component parts), except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation. If applicable law permits such activities, any information so discovered must not be disclosed to third parties to the extent that such non-disclosure is permitted by law, and you must promptly disclose this information to CODIJY. All such information shall be deemed as confidential and owned by CODIJY.
7.3.2. Modify, adapt, or translate the SOFTWARE, including making changes to the object code of the applications and databases contained in the SOFTWARE, other than those provided for by the SOFTWARE and described in the documentation.
7.3.3. Rent, lease, sublicense, assign, or transfer any rights granted to you by this EULA and other rights related to the SOFTWARE to any other person, or allow all or any portion of the SOFTWARE to be copied onto another computer, except as described in article 2.4 of this EULA.
7.3.4. Make it possible for any person not entitled to use the SOFTWARE and working in the same local area network or multi-user system as you to use the SOFTWARE.
7.3.5. Reproduce and/or replicate and/or distribute in paper form the dictionary databases contained in the SOFTWARE.
7.3.6. Remove or obscure any copyright, trademark or patent notices that appear on the SOFTWARE as delivered to you.

8. Technical Support

8.1. CODIJY provides you with technical support services related to the SOFTWARE ("Technical Support") subject to the conditions of the current CODIJY Technical Support Policy published on the CODIJY Web site (//www.Color Magic.com/). CODIJY reserves the right to make changes to its Technical Support Policy
at any time without prior notice.
8.2 Any supplementary software code provided to you as part of Technical Support is to be considered as part of the SOFTWARE and is subject to the terms and conditions of this EULA.
8.3. To be eligible for Technical Support, you may be required to provide CODIJY with information about the characteristics of your computer, as well as standard personal details including your name, company name (if applicable), address, phone number, and
e-mail address.
8.4. CODIJY may use the above-mentioned information for its business purposes, including, but not limited to, product support and development, provided that CODIJY does not utilize such information in any form that personally identifies you.

9. "Not for Resale" SOFTWARE

9.1. If the SOFTWARE is labelled "Not for Resale" or "NFR", then, notwithstanding other sections of this EULA, you may only use such SOFTWARE for demonstration, assessment, verification or testing purposes.

10. SOFTWARE for Trial Purposes

10.1. If the SOFTWARE is labelled "Try", "Trial" or "Demo", then this section of this EULA shall apply until such time that you purchase a licence for the full retail version of the SOFTWARE. You acknowledge that the SOFTWARE has limited functionality and/or functions for a limited period of time. The SOFTWARE is licensed on an "as is" basis, solely as a demonstration model. If the SOFTWARE is a timeout version, its functionality will be disabled or restricted after a designated period of time following the installation, this period being specified in the SOFTWARE. Upon such timeout date, the licence hereunder shall be terminated, unless extended by CODIJY upon your purchase of a full retail licence from CODIJY.

11. Upgrades and support

11.1. Updates and support are lifetime free for users who purchase the SOFTWARE. Use your serial number and username to register updated version. 11.2. We do not provide free updates and support for users who get serial number and username for free during giveaway.

12. Corporate Version of the SOFTWARE

12.1. If the SOFTWARE is labelled as a "Corporate Version", you may not use the SOFTWARE without a separate written agreement with CODIJY. This separate written agreement between you and CODIJY shall set forth the terms of use of the SOFTWARE.

13. Termination

13.1. Unless otherwise agreed in a separate agreement between you and CODIJY, this EULA is effective until terminated.
13.2. Without prejudice to any other rights, CODIJY may 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, all of its component parts, and uninstall the
SOFTWARE.
13.3. You may terminate this EULA by destroying the SOFTWARE and accompanying documentation and all copies thereof. Such termination does not relieve you of your obligation to pay for the SOFTWARE.
13.4 Provisions 2.3, 2.5, 2.6, 7, 8, 11, 16.2 - 16.4, 17 - 19, 20.4, 21, and 22 shall survive the termination of this EULA, howsoever caused, but this shall not imply or create any continued right to use the SOFTWARE after termination of this EULA.

14. Warranties and Indemnifications

14.1. CODIJY warrants that the media on which the SOFTWARE is furnished will be free from defects in materials and workmanship under normal use for a period set by the legislation of the country in which you purchased the SOFTWARE starting from the date of purchase.
14.2. The SOFTWARE and any upgrades are being delivered to you "as is" and CODIJY makes no warranty of any kind. CODIJY does not and cannot warrant the performance or results you may obtain by using the SOFTWARE. Except for any warranty, condition, representation, or term to the extent to which the same cannot or may not be excluded or limited by law applicable to you in your jurisdiction, CODIJY makes no warranties, conditions, representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter, including without limitation non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose, or that the SOFTWARE will carry no errors, meet your requirements, or that the SOFTWARE will function properly when used in conjunction with any other software or hardware, and the entire risk as to the quality and performance of the SOFTWARE lies with you.
14.3. CODIJY makes no warranties for any third party software products which may be
supplied with or within the SOFTWARE.

15. Limitation of Liability

15.1. In no event will CODIJY be liable to you for any damages, business interruption, loss of data or information of any kind, business or otherwise, claims or costs whatsoever, or any consequential, indirect, incidental damage, or any lost profits or lost savings resulting from and/or relating to the use of the SOFTWARE, or damages caused by possible errors or misprints in the SOFTWARE, even if an CODIJY representative has been advised of the possibility of such loss, damages, claims or costs, or for any claim by any third party. The foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. CODIJY�s sole and aggregate liability under or in connection with this EULA shall be limited to the purchase price originally paid for the SOFTWARE, if any. Nothing contained in this EULA limits CODIJY�s liability to you in the event of death or personal injury resulting from CODIJY�s negligence or for the tort of deceit (fraud). For further information, please see the jurisdiction-specific information in Section 19 of this EULA.

16. Export Rules

16.1. The SOFTWARE shall not be exported or re-exported in violation of any export provisions in the laws of the country in which this SOFTWARE was purchased or otherwise acquired. In addition, you represent and warrant that you are not prohibited under applicable laws from purchasing or receiving the SOFTWARE.
17. Governing Law

17.1. If the SOFTWARE was purchased in the United States, Canada, Mexico, Taiwan or Japan, this EULA shall be governed by and construed in accordance with the substantial laws in force in the courts of Santa Clara County, State of California, United States of America.17.2. If the SOFTWARE was purchased in Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, the United Kingdom, or any other member state of the European Union that is not mentioned in articles 19.3, and/or 19.4 of this EULA, or in Switzerland, Norway, Iceland or Liechtenstein, this EULA shall be governed by and construed in accordance with the substantial laws in force in the courts of Munich, the Federal Republic of Germany.17.3. If the SOFTWARE was purchased in Russia, Byelorussia, Kazakhstan or any other country of the CIS, except for Ukraine and Moldova, or if the SOFTWARE was purchased in Latvia, Lithuania or Estonia, this EULA shall be governed by and construed in accordance with the substantial laws in force in the courts of Moscow, the Ukraine.17.4. If the SOFTWARE was purchased in Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, the Czech Republic, Hungary, Israel, Macedonia, Malta, Poland, Romania, Slovakia, Slovenia, Turkey, Serbia, Montenegro, Ukraine or Moldova, this EULA shall be governed by and construed in accordance with the substantial laws in force in the courts of Moscow, the Ukraine.15.5. In the cases described in articles 19.1-19.4, this EULA will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.17.6. If the SOFTWARE was purchased in a country other than the countries specified in articles 19.1-19.4, this EULA shall be governed by and construed in accordance with the substantial laws of the country in which you purchased the SOFTWARE.

18. Miscellaneous

18.1. If you acquired the SOFTWARE via the Internet (including "Not for Resale", "Trial", and/or "Upgrade" versions), CODIJY shall not provide you with any printed materials, including the User�s Guide.18.2. CODIJY guarantees that all the personal information you provide when installing and registering the SOFTWARE will be stored and used strictly within the CODIJY Group.18.3. CODIJY guarantees that all the information you provide when activating the SOFTWARE will be stored and used strictly within CODIJY.18.4. You agree to indemnify, hold harmless, and defend CODIJY from and against any claims, liabi