NetSaro Enterprise Messenger 2.1

EULA - End User License Agreement

END-USER LICENSE AGREEMENT
"NetSaro Enterprise Messenger"
IMPORTANT: THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND SEM Software. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. THIS AGREEMENT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND DISCLAIMERS. BY INSTALLING AND USING THIS SOFTWARE, YOU AGREE TO ACCEPT AND TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN CLICK ON THE "CANCEL" BUTTON AND DO NOT INSTALL OR USE THE SOFTWARE.
1. TERMS USED IN THIS LICENSE AGREEMENT:

LICENCE: Instrument, either contract or instructions, by means of which the bearer of property rights over "NetSaro Enterprise Messenger" software authorizes a natural or legal person to use the work in a determined way; the SOFTWARE is licensed, not sold.

SOFTWARE: Expression of a set of instructions by means of words, codes, plans or in any form that, when it is incorporated in a device of automated reading, is able to make a computer (or electronic machine or similar, capable of elaborating information), to run a certain task or to obtain a certain result. The computer software also includes the technical documentation and user manuals. (Artículo 3º Decisión Andina 351 de 1993 / Article 3º Andean Act 351, 1993)

2. RIGHTS GRANTED BY THIS LICENSE: SEM Software as bearer of property rights over "NetSaro Enterprise Messenger" software, grants the LICENSE the right to perform the following actions:

a) Install and use the "NetSaro Enterprise Server" software on a single computer.
b) Install and use the "NetSaro Enterprise Client" software in client computers of "NetSaro Enterprise Server".
c) Install and use the administrative tools of "NetSaro Enterprise Server" software on the computer where it is installed.
d) Install and save "NetSaro Enterprise Messenger" software, a single time, in a storage device, only used to run or install the software in his/her other computers.
e) Install and save the "NetSaro Enterprise Client" software, a single time and for every computer connected, in a storage device, used only to run or install the software.
f) Publish the "NetSaro Enterprise Client" software, and distribute only to users who connect using "NetSaro Enterprise Server" software.

3. LICENSE RESTRICTIONS:
a) LICENSE may not make and/or distribute copies of "NetSaro Enterprise Messenger" software, or transfer electronically from one computer to another over a network in events different to those authorized in numeral two of this license.
b) LICENSE may not decompile, reverse engineer, disassemble or in any other form reduce the "NetSaro Enterprise Messenger" software to any human perceivable way.
c) LICENSE may not sell, rent, transfer or cede the "NetSaro Enterprise Messenger" software.
d) LICENSE may not modify "NetSaro Enterprise Messenger" software in order to create works derived from, or based on it.
e) LICENSE may not copy the printed materials included with "NetSaro Enterprise Messenger" software.
f) LICENSE may not distribute the administrative tools of "NetSaro Enterprise Messenger" software to other users.

4. UPGRADES: For having obtained the license, the LICENSE has the right from SEM Software to receive free upgrades of "NetSaro Enterprise Messenger" software, as determined by SEM Software; these upgrades shall be published on the Internet website and/or shall be notified by means of electronic mail. Installation authorizes to send these notifications.

5. INSTALLATION REQUIREMENTS FOR NetSaro Enterprise Server:
a) Server with these operating systems: Microsoft(R) Windows 2000(TM) (SP3 or higher), Windows XP(TM), Windows Vista(TM), Windows 7(TM).
b) Pentium II Processor or higher.
c) 64Mb RAM memory or higher.
d) Network adapter with TCP/IP protocol installed.

6. INSTALLATION REQUIREMENTS FOR NetSaro Enterprise Client:
a) Client with these operating systems: Microsoft(R) Windows 2000(TM) (SP3 or higher), Windows XP(TM), Windows Vista(TM), Windows 7(TM).
b) Pentium Processor or higher.
c) 32Mb RAM memory or higher.
d) Network adapter with TCP/IP protocol installed.

7. INTELLECTUAL PROPERTY AND COPYRIGHTS: This software is protected by copyright laws and international copyright treaties or agreements. SEM Software as bearer of moral and property rights of "NetSaro Enterprise Messenger" software and its copies (Law 23, 1982 Article 11, Decisión Andina No. 351 / Andean Act 351, regulations established by World Intellectual Property Organization, WIPO, and international treaties regulating this subject), expressly forbids any type of unauthorized reproduction, and considers as piracy not only duplicating, fixing and recording, but also trading or distributing "NetSaro Enterprise Messenger" software, without proper authorization. Based on the previous statement, violation of any of these rights will result in criminal sanctions (Articles 270-272, Colombian Criminal Code) and will entitle SEM Software to initiate the corresponding civil actions.

8. TERMINATION: Without prejudice to any other rights, SEM Software may terminate this agreement if the LICENSE fails to comply with any of the terms and conditions hereby set forth. LICENSE shall destroy all copies of the SOFTWARE under his/her possession.

9. SUPPORT: SEM Software will not provide any special support for "NetSaro Enterprise Messenger".

10. WARRANTY: SEM Software warrants the correct operation of "NetSaro Enterprise Messenger" software as long as the following conditions are fulfilled:

a) The user’s computer has the recommended hardware setup, and its operating system adequately recognizes all computer devices, especially multimedia and network devices.
b) Software was obtained with authorization and its copy is accurate and complete.
c) Software is authentic and original.
d) The user installs the recommended version for the computer and operating system.

11. LIABILITY: SEM Software and authorized resellers shall not be liable to LICENSE or third parties for any direct or indirect, special, fortuitous or consequential damages, including damages for business losses, profits, interruption or similar, arising out of software execution or in local, regional, national and international service and infrastructure of the Internet.

In case another type of liability is attributed to, and proved to SEM Software, this liability shall be limited to compensate the LICENSE with the amount actually paid for corresponding LICENSE.