Tabuleiro Xtra License Agreement

PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, COPY OR USE THIS SOFTWARE.

The included computer programs ("Software") are licensed, not sold, to you by Tabuleiro Produções Ltda. ("Tabuleiro") for use only under the terms of this License, and Tabuleiro reserves any rights not expressly granted to you. You own the media on which the Software is recorded or fixed, but Tabuleiro and its licensors retain ownership of the Software itself. The term “Software” includes technology and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof.

1. License Grants

Tabuleiro grants you a non-exclusive, non-transferable, worldwide license to:
(a) Install and register two copies of the Software, used by the same developer, for the purposes of authoring an unlimited number of computer programs ("Products") that use functionality supplied by the Software. The copies may be installed on machines running different operational systems (i.e., one on a machine running Windows and another on a machine running MacOSX.) To "install" the Software means that the Software is either loaded or installed on the permanent memory of a computer (i.e., hard disk, CD ROM, etc.). To "register" the Software means that the Software's authoring capabilities are unlocked by using your personal registration code. You may only install and register the Software on other computers if you first remove the Software from one of the two machines in which it was previously installed.
(b) Make copies of the Software in machine-readable form solely for backup purposes, provided the backup copy is not installed or used on any computer. As an express condition of this License, you must reproduce on each copy all copyright notices or other proprietary notices that are on the original copy supplied by Tabuleiro.
(c) Your license is limited to the particular version (collectively "Version") of the Software you have purchased. Therefore, use of a Version other than the one encompassed by this License Agreement requires a separate license.
(d) Notwithstanding any other terms in this License, if the Software is licensed as an upgrade or update, then you may only use the Software to replace previously validly licensed versions of the same software. You agree that the upgrade or update does not constitute the granting of a second license to the Software (i.e., you may not use the upgrade or update in addition to the software it is replacing, nor may you transfer the software which is being replaced to a third party).
(e) Tabuleiro and its licensors grant you a royalty-free right to reproduce and distribute the Software to your customers provided that (i) you distribute the Software only in conjunction with and as part of your own Products; (ii) own a license for the specific Version of the Software redistributed; (iii) agree to indemnify, hold harmless and defend Tabuleiro and its licensors from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your Products with the Software.
(f) Any third party who will use the Software in an authoring environment must purchase its own license of the Software. You may not redistribute your personal registration code with your Products in a manner that allows third party developers to use the Software without obtaining a separate license.
(g) If the Software is licensed for evaluation, you may only use it for the purpose of evaluating it with the intent of purchasing it.
(h) If the Software is licensed as educational, you may only use it (i) to teach the Software, or (ii) in non-commercial projects developed by schools, colleges or universities.

2. License Restrictions

(a) You may not transfer or assign your rights under this License to another party without Tabuleiro's prior written consent.
(b) You may not rent, lease or lend any copy of the Software.
(c) The Software is owned by Tabuleiro and its suppliers, and its structure, organization and code are the valuable trade secrets of Tabuleiro and its suppliers. YOU MAY NOT COPY THE SOFTWARE, EXCEPT AS PROVIDED IN THIS AGREEMENT. ANY COPIES THAT YOU ARE PERMITTED TO MAKE PURSUANT TO THIS AGREEMENT MUST CONTAIN THE SAME COPYRIGHT AND OTHER PROPRIETARY NOTICES THAT APPEAR ON OR IN THE SOFTWARE. YOU AGREE NOT TO MODIFY, ADAPT, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE SOFTWARE. EXCEPT AS STATED ABOVE, THIS AGREEMENT DOES NOT GRANT YOU ANY INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE.

3. Copyright Notices

You may not alter or change Tabuleiro's and its licensors' copyright notices as contained in the Software.

4. Termination

This License is effective until terminated. This License will terminate immediately without notice from Tabuleiro if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof.

5. Warranty Disclaimer

THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS-IS". TABULEIRO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING MATERIALS. TABULEIRO DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TABULEIRO, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

TABULEIRO SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM.

6. Limitation of Liability

In no event will Tabuleiro or its licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, loss of expected savings, loss of confidential information, presence of viruses, damages for loss of profits, business interruption, loss of business information and the like), whether foreseeable or not, arising out of the use of or inability to use the Software or accompanying materials, regardless of the basis of the claim and even if Tabuleiro or an Tabuleiro representative has been advised of the possibility of such damage. Tabuleiro's liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited, at Tabuleiro's option, to the refund of the purchase price or repair or replacement of the Software.

7. Technical Support

(a) Availability

Technical Support is available for all users of Tabuleiro's Software. Technical Support is only available online, at xtras.tabuleiro.com.

(b) Services

The Tabuleiro Support Team is largely responsible for (i) answering questions about features and capabilities of the Software; (ii) Troubleshooting any problem related to downloading, installing and registering the Software; (iii) Supporting users by isolating specific problems that may be encountered while using the Software, as well as giving a general strategy for approaching the problems; (iv) Trying to reproduce a problem, putting it in the fix list for a future release if it does turn out to be a defect in the Software, and helping to find a workaround if there is one; (v) Offering recommendations and directing the user to the necessary resources which will allow him/her to create what is necessary for their purposes.

(c) Exclusions

The Tabuleiro Support Team is not able and not required to (i) teach users how to use applications other than the Software, including authoring applications and Operational System extensions; (ii) Fulfill programming and writing scripting code requests; (iii) Debug user's programs, unless the problem encountered is caused by the Software; (iv) Provide technical support relating to problems encountered while using the Software in a manner for which they were not designed, were misused or were modified; (v) Offer technical support for third party vendor products.

(d) Disclaimer

Tabuleiro will use reasonable efforts to provide the support services under this agreement in a professional manner, but cannot guarantee that every question or problem raised by the user will be resolved.

8. Trademark

Product names, words or phrases mentioned in this agreement may be trademarks, servicemarks, or tradenames of Tabuleiro or of their respective owners.

9. General

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. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer.

This Agreement will be construed, interpreted and governed by the laws of the State of São Paulo, Brazil, without regard to its conflict of law provisions.