Licence

cFosSpeed 13.01.0000 License and Warranty

By using cFosSpeed (hereinafter also referred to simply as “the Program”),users acknowledge and accept all terms and conditions of the License Agreement,while also accepting that liability of the ATLAS Tech Solutions,Fidiou 9,10678, Athens,Greece(hereinafter referred to as “the Licensor”), and its staff shall belimited as per the following provisions:

1. Program Information / Copyright:

cFos (R) is a registered trademark.

The Program is protected by copyright and commercial law and regulations ofthe country in which it is published, duplicated, and/or used.

The Licensor reserves all rights to the Program, granting the right to its useunder the sole condition that the user acknowledge and comply with the licenseterms set forth hereunder. Upon such acceptance by the end user (hereinafteralso referred to as “the Licensee”), the subsequent License Agreement shalltake effect:

2. Installation:

To avoid any potential loss of data, the Licensor explicitly advises to backup data before installing any new software on your system. This precautionshould also be taken when installing the Program.

If you have not backed up your data at this point, we urge you to abortthe installation process immediately, back up your data, and restartinstallation after the backup has been completed. We further recommendyou get into the habit of making backup copies at regular intervals.

3. Warranty:

Barring any individual agreement to the contrary, all pertinent statutorywarranty provisions shall apply.

Valid warranty claims may never be based on natural depreciation nor onany damage or defect arising after the risk has passed to the Licensee,especially inasmuch as such damage or defect is caused by improper handling,by inordinate strain or wear, by incompatible materials and resources, orby unanticipated electrical reactions not included within the scope ofcontractual considerations. Warranty claims are likewise excluded in theevent of improper installation, modification, or maintenance and repair bythe Licensee or a third party.

4. Liability:

The Licensor is liable for any damages caused with intent or due togross negligence on its part according to the full extent of allpertinent statutory provisions. The same shall apply for any damagesto a customer’s life, body, or health for which the Licensor is heldlegally culpable.

The Licensor shall further be liable for property damages caused bysimple negligence but only if such behavior constitutes a violation ofa cardinal contractual obligation (i.e., an obligation that is essentialto a contract and on the fulfillment of which the Licensee may reasonablyrely). In such an event, damages shall be limited to an amount that wouldtypically be anticipated at the time the agreement was entered into.

If the Licensor was delayed in performing its obligation at the timethe obligation became impossible to fulfill, the Licensor is fullyresponsible for any resulting damages. However, this does not applyif said damages would also have been incurred had the obligationbeen met in time.

For all other cases, any liability whatsoever is waived altogether.Liability pursuant to the Product Liability Act is not affected.

Inasmuch as liability of the Licensor is limited or excluded as described above,this shall to the same extent apply to the Licensor’s employees and subsidiaries,as well as to any agents or contractors solicited by the Licensor, including theemployees and subsidiaries of such agents or contractors.

5. Scope of Use:

The Licensor owns full copyright to the software and retains allrights to publication, duplication, processing and evaluation ofthe program. Neither registration numbers nor any references tocopyright or the Licensor itself may be removed from the software.Likewise, the Licensee is absolutely prohibited from integratingthe program or any part thereof into any other software.

a. Special Conditions Applying for the Shareware Version (cFosSpeed Shareware):

The shareware version of cFosSpeed can be recognized easily enough by areminder reading “You may try cFosSpeed for XX days yet before purchasing”. This brief message will appear duringstartup and/or operation in the context menu (accessible byright-clicking on the status window or taskbar icon).The “XX” represents the number of days of free usage stillremaining (starting at 30). Inaddition, the shareware version is not personalized.

If in doubt (e.g., because you are unable to ascertain what versionof cFosSpeed you are using), it should be assumed your version isliable to costs (i.e., cFosSpeed). In this case, the special conditionslisted below under 5. b. of this license shall apply.

The program is distributed AS IS and may be used freely in theversion _VERS, subject to the following limitations:

The program cFosSpeed may be duplicated, published and distributedin unmodified form (as provided by the Licensor) as long as nofees are charged for its use, distribution, publication,redistribution and/or duplication.

Free use of the program is restricted to 30 days after whichthe user must either cease its use or purchase a licensed copyof cFosSpeed. For further information, please refer toour website https://atlas-cfosspeed.com .

The authors would also like to point out that cFosSpeed – in itslatest shareware version – may be distributed, redistributed,and duplicated free of charge by manufacturers and vendors of hardwareand/or software. The same applies for shareware distribution companiesand manufacturers of CD-ROMs (including those producing CD-ROMs formagazines, journals, books and/or periodicals). In either case,this is permissible only if no fees exceeding usual and customaryrates for shareware programs and collections are claimed.

In connection with its publication, third parties must be informedthat cFosSpeed is a shareware program.

Unlessotherwise indicated in these provisions, the Licensee is expressly prohibited from:

• passing on the software package or individual parts thereof or making it otherwise available to third parties, in particular through lease or rental;
• modifying, translating, reverse engineering, de-compiling, or disassembling the software;

• producing derivative works or products.

b. Special Conditions Applying for the Full Version (cFosSpeed, liable to costs):

The full version of cFosSpeed can be identified by the “Licensed to …”entry that will appear during program startup and/or operation ofcFosSpeed in the context menu (accessible by right-clickingon the status window or taskbar icon), whereby “…” is replaced withthe name of the individual Licensee.

If in doubt (e.g., because you are unable to ascertain what versionof cFosSpeed you are using), it should be assumed your version isliable to costs (i.e., cFosSpeed). In this case, thespecial conditions listed in this section apply.

The Licensor grants the Licensee for the duration of thisAgreement a simple, non-exclusive, personal right to use thecFosSpeed program package on a single computer andat one location only. Any use beyond this is not permitted.

In those cases where the program package is not obtained via direct datatransmission, the Licensee acquires ownership only of the physicaldata carrier. In both instances, no rights are granted beyond thoselisted in this License Agreement.

Creating up to three copies is permitted for data backup purposesonly.

Unlessotherwise indicated in these provisions, the Licensee is expressly prohibited from:

• passing on the software package or individual parts thereof or making it otherwise available to third parties, in particular through lease or rental;
• transferring the software via a network or data transmission channel from one computer to another;
• modifying, translating, reverse engineering, de-compiling, or disassembling the software;
• producing derivative works or products.

6. Duration of the Agreement:

This Agreement is open-ended (non-expiring). However, any infringementof the license conditions on the part of the Licensee will result inimmediate annulment of the rights of use, without the Licensor havingto terminate the Agreement.

7. Damages in the Event of Infringement:

The Licensee accepts full responsibility for any property damages thatthe Licensor suffers as a result of copyright infringement or violationof any contractual provisions by the Licensee.

8. Modifications and Updates:

The Licensor is entitled to update the software at its own discretion.However, the Licensor is under no obligation to make any such updatesavailable to the Licensee.

9. Third party rights:

The cFosSpeed documentation and corresponding files make reference tothird-party products that are themselves subject to copyright,trademarks, and numerous other rights. By using the cFosSpeed program,the user also acknowledges all of those rights.

10. Miscellaneous:

USE OF THIS PROGRAM FOR MILITARY PURPOSES OR FOR ANY ENDS ORMEANS IN SUPPORT OF NUCLEAR ENERGY OR EXTREMIST, RACIST AND/ORXENOPHOBIC POLITICAL ACTIVITY IS EXPRESSLY FORBIDDEN.

cFosSpeed may under no circumstances be used for the development ofcompetitive products.

If any provision of this agreement shall be held to be illegal, invalid,unenforceable, or otherwise void, the remaining provisions shall remainin force and effect. The void provision shall then be replaced with alegally acceptable provision which comes closest to the intention underlyingthe original provision.

11. Applicable Law:

Where possible, only laws of Greece shall apply. This meansthat, for instance, neither the provisions of the UN Convention on Contracts for theInternational Sale of Goods (CISG) nor any other bilateral or multilateral agreementsor conventions, like international private law, shall apply. For transactions withconsumers within the European Union, pertinent law(s) at the place of residence of theconsumer may apply as well, insofar as such provisions clearly and necessarily servethe purpose of consumer protection.

12. Jurisdiction and legal venue:

Place of jurisdiction and sole legal venue for all disputes resulting directly orindirectly from the contractual relationship shall be Athens if the customeris a merchant as defined in the Greek Commercial Code.The same shall apply if the customer is either a public separate estate,a legal fund or an entity under public law. However, we do reserve the right tofile a claim or complaint at the customer’s place of business or residence.

13. Address:

• Atlas Tech Solutions SM PC
• Fidiou 9
• 10678, Athens
• Greece
• Web: https://atlas-cfosspeed.com