The End User License Agreement For Proprietary Software

These terms of use of on-site licenses are a legal agreement between you (“taker”) and Make Positive Provar Ltd. (“licensee”) that regulates the license and use of our proprietary software, whether purchased directly by the licensee or by a reseller (“EULA” or “Agreement”). 1.21 “software” refers to the innovative post aggregator software solution developed by Awingu, which allows the mobile business, consisting of a brokerage platform, to provide users with secure access to the company`s IT resources, such as applications and company data, and which is authorized by Awingu to end-users under this EULA, including updates (but without upgrades). Although some of the software components may work with, rely on or connect with Awingu as components of open source software, these open source software components are subject to their respective separate licenses in accordance with the documentation and are not considered part of the software and are therefore not subject to this CLU, provided that the end user agrees to be bound to separate licenses (if they exist) that are mentioned in the CLU. Documentation Click-Wrap Licensing Agreements cover the formation of website-based contracts (see iLan Systems, Inc. v. Netscout Service Level Corp.). A common example occurs when a user has to accept a website`s licensing terms by clicking “Yes” in a pop-up to access the website`s features. This is therefore an analogy with retractable wrap licenses, for which a buyer implicitly accepts licensing conditions by first removing the retractable film from the software and then using the software itself.

For both types of analysis, the focus is on the actions of the end user and asks whether the additional licensing conditions are explicitly or implicitly accepted. The above rights grant gives the licensee a limited license for the use of the software. The licensee and its suppliers retain all rights, titles and interests, including all copyrights and intellectual property rights, on and on the software (as an independent work and as an underlying work that serves as the basis for improvement, modifications, works and derivative applications), as well as all copies of it. All rights that are not expressly granted in this ECJ, including local and international copyrights, are reserved for the licensee and its suppliers.

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