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Software Licence Agreement

!! IMPORTANT !! READ CAREFULLY :
This Software license agreement is made and entered by and between EGG Solution Limited and the Licensee.
The EGG Solution Limited software's license agreement includes the software and any other components, including online or electronic documentation.
By clicking on the icon "I AGREE", by installing, copying or using the software, the Licensee agrees to be bound by the applicable software license agreement. If the Licensee does not agree to these terms and conditions , he/she shall click on the icone "I DO NOT AGREE", and does not install, copy , or use the EGG 360RealTour software .

1 - GRANTS OF LICENSE FOR THE EGG 360REALTOUR SOFTWARE :
1.1 EGG Solution Limitedgrants Licensee, and Licensee hereby accepts a non exclusive and non transferable right to use the EGG 360RealTour Software as specified in the specific terms according to the terms and conditions specified below.
1.2 The Software EGG 360RealTour used and installed only on a single computer at time. The Licensee shall not use or install the software EGG 360RealTour on a network computer server or use it in time shared.
The Software EGG 360RealTour shall be use only on local hard disk.
The Licensee may contact EGG Solution Limited in order to purchase an additional software license.
1.3 The Licensee shall use the EGG 360RealTour Software only as an executable code, as well as any other components including any online or electronic documentation for personal purposes;
The Licensee further acknowledges that any of all components of the EGG 360RealTour software is and shall remain the sole and exclusive property of EGG Solution Limited. The Licensee shall not acquire any title copyrights or other proprietary rights in the software or any copy other than specified in this contract.
1.4 Only one copy of the EGG 360RealTour Software may be made for back up or archival purposes including all copyright information contained of the original.
1.5 The back up copy may be only used if the original software is down, and shall remain under the sole control of the Licensee.

2 - RESTRICTIONS
2.1 The Licensee hereby agrees that he/she shall not and does not have any rights in the property by virtue of his/her access to the same or by any use thereof .

2.2 The Licensee agrees to respect and not to remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark or legend appearing on any software or output generated by the software, and to reproduce and include same on each copy of the software.
2.3 The licensee will not duplicate, alter, modify, de-compile, reverse engineer or disassemble the sources code of the EGG 360RealTour software, including any online or electronic documentation. The Licensee shall not adapt EGG 360RealTour software for other program as well as for the treatment of other pictures, or analogic and numeric sources
2.4 The Licensee will not correct or make a third party correct any error contained in the EGG 360RealTour software without EGG Solution Limited's prior and written consent.
2.5 The Licensee will not disclose the EGG 360RealTour Software on the Internet, as well as he/she shall not sublicense, sell, lease, rent or other-wise disclose the EGG 360RealTour Software and its documentation to any third parties.
2.6 During the performance of this contract and after its termination, the Licensee shall not disclose to any third party any documentation or information disclosed by EGG Solution Limited and shall undertake to ensure that all employees comply with this obligation.
2.7 The licensee is solely responsible for obtaining any licenses or other governmental authorizations of any respected country to use, export or reexport the EGG 360RealTour Software.
2.8 The name of EGG Solution Limited may not be used to endorse or promote products derived from theses Materials without specific written permission.
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3- TERM / DURATION
This license is effective from the date of purchase, and shall continue in full force and effect during the duration of the Software legal protection.
This agreement will terminate immediately upon Licensee's breach of or non compliance with any of its terms. Licensee may be held liable for any copyright infringement or the infringement of any other proprietary rights in the Software that is caused or facilitated by the Licensee's failure to abide by the terms of this agreement.
Upon termination of this Agreement for any reason whatsoever, the Licensee shall immediately cease to use Software, and return to EGG Solution Limited or destroy all copies ( if any) of the Software and Documentation.
4- LIMITED WARRANTY
4.1 Limitation of Warranties:
EGG Solution Limitedwarrants to the Licensee that the software is free from defects in material and workmanship under normal use and service for a period of three month from purchase. If any defects are apparent, EGG Solution Limitedwill repair the software at their option, provided that the original Licensee provides a copy of the dated purchase order.
EGG Solution Limited specifically disclaims all other warranties, expressed or implied. EGG Solution Limited makes no representations or warranties with respect to merchantability or fitness of software for any particular purpose, business or application. Implied warranties of merchantability are expressly and specifically disclaimed.
Some states do not allow the exclusion of implied warranties or limitations of how long an implied warranty may last , so the above exclusion may not apply to the licensee.
For a period of three months after the date of acquisition, EGG Solution Limited warrants that the software's support is without technical problem or manufactured default .
This warranty doesn't apply if the licensee uses or stocks improperly, alters, neglects the software's support.
4.2 Limitation of liability:
EGG Solution Limited shall not be liable to the Licensee or any other person for any special , consequential, indirect or other similar damage caused or imagined to have been caused directly or indirectly by the use of the software.
5- UPDATES AND REVISIONS :
EGG Solution Limited reserves the right to modify enhance, or update the Software and its related documentation and shall undertakes to notify the Licensee of such modification , enhancements, or updates.
6 - MISCELLANEOUS PROVISIONS
6.1 Entire Agreement
This Agreement and its exhibits contain the entire understanding and agreement between the parties respecting the subject matter hereof. This Agreement may not be supplemented, modified, amended, released or discharged except by an instrument in writing signed by each party's duly authorized representative. All captions and headings in this Agreement are for purposes of convenience only , and shall not affect the construction or interpretation of any of its provisions. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind.
6.2 Severability
If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
6.3 Governing law and Litigation
This contract will be governed by the British law.
In the event of a dispute ensuing from the interpretation of the performance of this agreement , the parties undertake to initially seek a friendly solution. If such solution cannot be reached, the dispute will be resolved by the British jurisdiction.

 

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