DINAMICA EGO LICENSE AGREEMENT
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. BY USING THIS PRODUCT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
THIS VERSION OF DINAMICA EGO AND ANY OTHER SOFTWARE, LANGUAGE PACK UPGRADES OR UPDATES AND RELATED MATERIALS (THE “PRODUCT”) AND ALL SERVER-SIDE RELATED SERVICES (THE “SERVICES”), ARE LICENSED TO YOU BY CSR/UFMG (“CSR”-Centro de Sensoriamento Remoto / “UFMG”-Universidade Federal de Minas Gerais) SUBJECT TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THE “AGREEMENT”). BY CLICKING THE “I ACCEPT” BUTTON, INSTALLING OR USING THE PRODUCT OR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL OR USE THE PRODUCT OR SERVICES AND IMMEDIATELY DELETE ANY COPY OF IT FROM ALL STORAGE MEDIA.
CSR/UFMG RESERVES THE RIGHT TO REVISE THE TERMS OF THIS AGREEMENT AT ANY TIME, AT ITS SOLE DISCRETION AND WITHOUT ANY PRIOR NOTICE. CSR/UFMG WILL POST THE LATEST VERSION OF THE LICENSE AGREEMENT HERE. AT ALL TIMES, THE LATEST VERSION OF THE LICENSE AGREEMENT WHICH IS PUBLISHED ON THE ABOVE LINK SHALL BE BINDING AND SUPERSEDE ANY OTHER VERSION.
The Product is licensed to you on an As-Is basis, subject to the terms and conditions of this Agreement, for your personal, academic/research and commercial purpose, since not in conflict with the interests of CSR/UFMG. The license will be automatically canceled if the software use conflicts with CSR/UFMG interests.
Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limiting the foregoing, you may not:
(a) modify or create any derivative works of the Product or documentation;
(b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product; or
(c) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product without a prior written permission of CSR/UFMG.
CSR/UFMG retains sole and exclusive ownership of all rights, title and interests in the Product and all intellectual property rights relating thereto, including without limitation pending patent applications with respect to the Product and the technology related thereto. Title and related rights in the content downloaded with this Product is the property of the applicable content owner and is protected by applicable law. This section shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter.
Copyright Infringement Policy
CSR/UFMG is committed to protecting the rights of copyright right holders and seek to comply with all applicable laws and regulations regarding the protection of intellectual property. Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and CSR/UFMG will undertake appropriate steps against copyright repeat offenders. You are responsible for complying with all laws and regulations applicable to the material that are made available or download. You explicitly acknowledge that downloading some files may require authorization and may be subject to restrictions. You hereby undertake to determine what restrictions apply, to comply with all applicable restrictions and to obtain all necessary authorizations. The license to use the Product and Services granted hereunder is conditioned upon your agreement not to use the Product and Services to infringe the intellectual property rights of others in any way. CSR/UFMG, at its sole discretion, may terminate this Agreement with users who are infringers of the copyrights, or other intellectual property rights, of others.
This Agreement does not cover the information practices exercised by other providers of products or services, advertisers, or other websites, which are linked to the Product or Services. Furthermore, if you acquired or purchased the Product or Services other than through CSR/UFMG’s web site, your personal information may be subject to different privacy practices exercised by other providers. CSR/UFMG is not responsible for the privacy practices exercised by any such providers. Please consult the privacy statement of these providers to learn more about their privacy practices.
You hereby undertake to comply with any legal obligations, including but not limited to, obligations imposed by copyright, trademarks, patent, secrecy, defamation, decency, privacy and export laws. You agree to indemnify CSR/UFMG and its officers, employees, agents and representatives, and to hold them harmless, from any and all losses, claims and liabilities (including attorney fees) which may arise from your illegal, unauthorized or abusive use.
Third Party’s Content
The Product and Services enable you to enhance delivery of content from the Internet. CSR/UFMG does not control, review, verify or moderate the content of files and information that may be downloaded through the use of the Product and Services. CSR/UFMG does not endorse, verify or otherwise certify the contents of any information or data, accessed through the use of the Product or Services, and does not warrant or guarantee that such information or data is free of errors or viruses. CSR/UFMG shall not be responsible for the accuracy, completeness, legality, legitimacy or any other aspect of the files and information accessed through the use of the Product or Services, nor to the right to make such information available or accessible. The use of any files is at your sole responsibility and CSR/UFMG explicitly disclaims any responsibility to the use or misuse of any file. THE INCLUSION OF ANY LINK OR LISTS OF DOWNLOADING LOCATIONS DOES NOT IMPLY ENDORSEMENT OF THE LINKED SITE BY CSR/UFMG.
During the use of the Product or Services you may be shown advertising, marketing and other promotional information, made available by CSR/UFMG or by third parties. Unless otherwise stated, CSR/UFMG has no ownership or interest in any products, services, or other advertised items and does not check, verify or moderate the content or the nature of the advertisements or the products and services advertised on the Product or through the Services. CSR/UFMG makes no warranty, either express or implied, as to these other products, services, or other advertised items and the use thereof. Advertisements are shown by using your Internet connection. CSR/UFMG may use an embedded Internet Explorer web browser control, email or any other methods to show advertisements. You hereby acknowledge and agree to CSR/UFMG’s advertising practices as described hereunder.
CSR/UFMG may, from time to time, offer special versions of the Product (the “Paid Product”). The use of any Paid Product may be governed by additional Terms and Conditions. If you are using a Paid Product, you shall be subject to any additional terms and conditions applicable to such Products, which may be posted from time to time. All such terms and conditions are hereby incorporated by reference into this Agreement.
Paid Products may require additional registration codes, passwords, or identification numbers (“Code”). CSR/UFMG shall issue you a unique Code upon receiving the full payment of the registration fee. The Code shall enable the Paid Product, and shall correspond to a single designated computer on which your Product is installed.
You are solely responsible for
(1) maintaining the strict confidentiality of any Code assigned to you
(2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your Code.
CSR/UFMG shall not be liable for any harm related to the theft of your Code, any disclosure of your Code, or your authorization to allow another person or entity to access and use the Product or Service using your Code. You agree to immediately notify CSR/UFMG of any unauthorized use of your Code.
Fees and Payments
If you are using a Paid Product, you shall pay CSR/UFMG the applicable fee posted by CSR/UFMG subject to the payment terms set therein. All fees and payments hereunder are exclusive of taxes, duties, levies, V.A.T and other charges. CSR/UFMG exercises no control over these charges and cannot predict what they may be. You are exclusively responsible for determining which additional charges apply to your transactions and for covering any such applicable duties. CSR/UFMG may, at its sole discretion change the applicable fees and/or terms at any time.
Term and Termination
This Agreement shall commence upon your use of the Product or Services. Either party may terminate this Agreement at any time by a written notice, Provided that CSR/UFMG will not terminate a license to use a Paid Product except as described in this section hereunder. Without prejudice to any other rights, CSR/UFMG may terminate this Agreement and/or limit or revoke access to the Product or to any Services at any time, with immediate effect, and without penalty, if you fail to comply with the terms of this Agreement. Upon termination, you shall destroy all copies of the Product.
Amendment of Product or Services
The Product, functions, features and any Services, provided by the CSR/UFMG may change from time to time. CSR/UFMG reserves the right to discontinue and/or terminate and/or limit and/or disable and/or cancel any Service provided by CSR/UFMG or any part thereof at its sole discretion and without notice to you. You hereby agree and acknowledge that CSR/UFMG is permitted to limit, disable, eliminate or cancel some or all of the functionality of the Product (excluding the Paid Product). CSR/UFMG reserves the right to discontinue the release and support of any version of the Product or to revise the Product so it provides different features, features in different combinations, and/or different environment configurations.
Disclaimer of Warranty
CSR/UFMG EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO THE PRODUCT, SERVICES OR ANY INFORMATION DELIEVERED OR SENT BY CSR/UFMG OR ANY THIRD PARTY THROUGH THE PRODUCT OR SERVICES. THE PRODUCT AND SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND SERVICES IS BORNE BY YOU. THIS PRODUCT AND/OR SERVICES ARE NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. YOU HEREBY EXPRESSLY AGREE NOT TO USE OR RELY ON THE PRODUCT OR SERVICES FOR ANY APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED OR ANY OTHER MISSION CRITICAL APPLICATIONS. THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT AND SERVICES HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE PRODUCT AND SERVICES SUFFICIENTLY MEETS YOUR REQUIREMENTS. CSR/UFMG DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS PERFORMED BY THE PRODUCT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY INFORMATION, DATA, COMPUTER PROGRAM, CONTENT, ADVERTISMENT AND OTHER MATERIALS RECEIVED ON OR THROUGH THE PRODUCT OR SERVICES WILL BE FREE OF ANY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER DESTRUCTIVE PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS OR DEEMED OBJECTIONABLE BY SOME INDIVIDUALS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT OR SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CSR/UFMG BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE PRODUCT OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
CSR/UFMG may, at its sole discretion, offer language packs to enable speakers of languages other than English to use their native languages in the Product. CSR/UFMG does not and cannot guarantee that the language packs will be available in any languages other than those actually made available by CSR/UFMG. To avoid any doubt, you explicitly agree that the English version (including the license agreement relating thereto) will prevail in any matter related to the Product.
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof.
(b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the state of Minas Gerais – Brazil – without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Belo Horizonte shall have exclusive jurisdiction over all disputes between the parties; This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
(c) Neither party may assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the other parties approval.
(d) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
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