By receiving, opening the file package, and/or using Rest ("Software"), you ("Licensee") agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Dino Angelov your use of Rest indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Dino Angelov grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Rest in accordance with this Agreement and any other written agreement with Dino Angelov. Dino Angelov does not transfer the title of Rest to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Dino Angelov and the purchasers or users of Rest.
If you do not agree to be bound by this agreement, remove Rest from your computer now.
Rest and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive/backup purposes only. For information about redistribution of Rest contact Dino Angelov.
3. USER AGREEMENT
Your license to use Rest is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Rest.
3.2 Use Restrictions
You shall use Rest in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Rest together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Rest may be used on one single computer location or by a single user. Use of Rest means that you have loaded, installed, or run Rest on a computer or similar device.
You may make one copy of Rest for backup purposes. The assignment, sublicense, networking, sale, or distribution of copies of Rest are strictly forbidden without the prior written consent of Dino Angelov. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Rest.
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Rest. Nor can you create any derivative works or other works that are based upon or derived from Rest in whole or in part.Dino Angelov's name, logo and graphics file that represents Rest shall not be used in any way to promote products developed with Rest. Dino Angelov retains sole and exclusive ownership of all right, title and interest in and to Rest and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Rest, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Dino Angelov.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Dino Angelov, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Dino Angelov's Software.
In no event (including, without limitation, in the event of negligence) will Dino Angelov, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Rest or the use or inability to use Rest or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
No Refunds: Licensee warrants that he inspected The Software according to clause 3.4 and that it is adequate to their needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.
Except as expressly stated in writing, Dino Angelov makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of Macedonia applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Macedonia therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Rest and destroy all copies of Rest supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software.
Feature Request: Licensee may request additional features in Software, provided, however, that Licensee shall waive any claim or right in such feature should feature be developed by Licensor.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY "REST" AS WELL.
5. CONSENT OF USE OF DATA
You agree that Dino Angelov may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Rest. Dino Angelov may also use this information to provide notices to you which may be of use or interest to you.