license - cFosSpeed - Faster Internet access with Traffic Shaping

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 be
limited 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 of
the country in which it is published, duplicated, and/or used.

The Licensor reserves all rights to the Program, granting the right to its use
under the sole condition that the user acknowledge and comply with the license
terms set forth hereunder. Upon such acceptance by the end user (hereinafter
also referred to as “the Licensee”), the subsequent License Agreement shall
take effect:

2. Installation:

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

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

3. Warranty:

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

Valid warranty claims may never be based on natural depreciation nor on
any 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, or
by unanticipated electrical reactions not included within the scope of
contractual considerations. Warranty claims are likewise excluded in the
event of improper installation, modification, or maintenance and repair by
the Licensee or a third party.

4. Liability:

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

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

If the Licensor was delayed in performing its obligation at the time
the obligation became impossible to fulfill, the Licensor is fully
responsible for any resulting damages. However, this does not apply
if said damages would also have been incurred had the obligation
been 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 the
employees and subsidiaries of such agents or contractors.

5. Scope of Use:

The Licensor owns full copyright to the software and retains all
rights to publication, duplication, processing and evaluation of
the program. Neither registration numbers nor any references to
copyright or the Licensor itself may be removed from the software.
Likewise, the Licensee is absolutely prohibited from integrating
the 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 a
reminder reading “You may try cFosSpeed for XX days yet before purchasing”. This brief message will appear during
startup and/or operation in the context menu (accessible by
right-clicking on the status window or taskbar icon).
The “XX” represents the number of days of free usage still
remaining (starting at 30). In
addition, the shareware version is not personalized.

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

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

The program cFosSpeed may be duplicated, published and distributed
in unmodified form (as provided by the Licensor) as long as no
fees are charged for its use, distribution, publication,
redistribution and/or duplication.

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

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

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

Unless
otherwise 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 of
cFosSpeed in the context menu (accessible by right-clicking
on the status window or taskbar icon), whereby “…” is replaced with
the name of the individual Licensee.

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

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

Creating up to three copies is permitted for data backup purposes
only.

Unless
otherwise 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 infringement
of the license conditions on the part of the Licensee will result in
immediate annulment of the rights of use, without the Licensor having
to terminate the Agreement.

7. Damages in the Event of Infringement:

The Licensee accepts full responsibility for any property damages that
the Licensor suffers as a result of copyright infringement or violation
of 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 updates
available to the Licensee.

9. Third party rights:

The cFosSpeed documentation and corresponding files make reference to
third-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 OR
MEANS IN SUPPORT OF NUCLEAR ENERGY OR EXTREMIST, RACIST AND/OR
XENOPHOBIC POLITICAL ACTIVITY IS EXPRESSLY FORBIDDEN.

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

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

11. Applicable Law:

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

12. Jurisdiction and legal venue:

Place of jurisdiction and sole legal venue for all disputes resulting directly or
indirectly from the contractual relationship shall be Athens if the customer
is 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 to
file 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