End User License Agreement

Please read this End User License Agreement (EULA) before You install I, Librarian software.

By downloading and using the I, Librarian software, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not install I, Librarian software.

If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept this EULA if You are not of legal age to form a binding contract with Scilico, LLC.

1. Definitions

In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

  • Confidential Information — any and all information that Scilico discloses to You, whether in writing, electronically or orally and in any form (tangible or intangible) that is confidential, proprietary, whether commercial, technical, financial, customer, supplier, product or production related;
  • License the license for the I, Librarian software for the term specified on the webpage, or in any applicable agreement concerning the purchase of the license to Use the I, Librarian software;
  • Open Source Software any software that requires as a condition of use, copying, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form, and (b) be licensed for the purpose of making and/or distributing derivative works, and (c) be redistributable at no charge;
  • Scilico Scilico, LLC, Pennsylvania office: 94 Boyds Hollow Road, Biglerville, Pennsylvania 17307, U.S.A., registered at Pennsylvania Department of Revenue (1000802703); Texas office: 11619 Cimarec St, Dallas, Texas 75218, U.S.A. registered at Texas Secretary of State (802884559);
  • I, Librarian software any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Scilico, including any Updates;
  • License Fee a payment to Scilico in order to gain access to Scilico software and related services;
  • Feature release software update with significant new functionality & UI improvements.
  • Maintenance release software update with bug fixes, API updates, and could contain DB migrations.
  • Updates any modified versions and updates of, and additions to the I, Librarian software (Feature and Maintenance releases);
  • Use the access, download, install, copy or get benefit from using the I, Librarian software in accordance with the documentation;
  • You you, the final and ultimate user of the I, Librarian software or the authorized representative of a company or other legal entity that will be the final and ultimate user of the I, Librarian software, and the company or other legal entity that will be the final and ultimate user of the I, Librarian software, if applicable.

2. General

  1. This EULA applies to any licenses granted to You by Scilico for the use of the I, Librarian software.
  2. By downloading and using the I, Librarian software, You enter into this EULA with Scilico.
  3. You acknowledge that this EULA may be modified from time to time without prior notice to You.

3. License

  1. Scilico grants You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to Use the I, Librarian software in accordance with this EULA. Scilico reserves all rights not expressly granted to You.
  2. Scilico is and remains the owner of any intellectual property rights with respect to the I, Librarian. You shall not acquire any ownership to the I, Librarian as result of Your Use of the I, Librarian.

4. Permitted use and restrictions

  1. In order to be able to install the I, Librarian and receive Updates, Your computer shall have access to the Internet and shall meet the system requirements described in the Documentation.
  2. You shall install the I, Librarian software on one computer at a time. You can move the I, Librarian software to other computers You own freely.
  3. You shall Use the I, Librarian software in accordance with applicable laws and shall not:
    • rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the I, Librarian software;
    • reassign the License without prior written approval of Scilico;
    • Use the I, Librarian software for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
    • delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the I, Librarian software;
    • copy (except as otherwise provided in this EULA), adapt, translate, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the I, Librarian software and any parts thereof, except to the extent permitted by applicable law;
    • disclose Confidential Information unless if this is required by law or authoritative order.
  4. Scilico may modify the I, Librarian software at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates.
  5. Scilico may bundle certain Open Source Software whose terms and conditions can be found at their respective websites. When you are using them, You shall adhere to their relevant terms and conditions.

5. Maintenance

  1. Scilico will notify You of any available Updates.
  2. You will be entitled to receive Updates (Maintenance releases x.x.X).
  3. You are not entitled to receive Updates to different software major and minor releases (Feature releases x.X.x).
  4. Any maintenance provided by Scilico, including the provision of Updates, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
  5. The terms of this EULA will govern any Updates.

6. Use of data

  1. Scilico respects Your privacy. The I, Librarian software does not collect telemetry or monitor Your usage habits. To ensure compliance with this EULA, the software will periodically "call home" to Scilico’s servers solely to validate Your license. This communication is limited to transmitting Your license number and Your system’s IP address. No other technical or personal data is transmitted during this process.
  2. Scilico may process personal data with respect to You, if and to the extent necessary to provide maintenance and to You with respect to the I, Librarian software and to comply with its obligations under this EULA. To the extent Scilico will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement for more details on the processing of Your personal data that Scilico has collected and received through its website.

7. Disclaimer

  1. You Use the I, Librarian software at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
  2. The I, Librarian software and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and Scilico specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Scilico, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty, and You may not rely upon such information or advice.

8. Liability limitation

  1. The liability of Scilico and any third party that has been involved in the creation, production, or delivery of the I, Librarian software for all damages arising out of or in any way relating to the I, Librarian software, and/or this EULA shall in no event exceed the total amount(s) paid by You to Scilico.
  2. Scilico and any third party that has been involved in the creation, production, or delivery of the I, Librarian software are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the I, Librarian software).
  3. The limitations of liability referred to in clause 8.1 and 8.2 shall not apply in the event that damages arise from the intent, willful misconduct or gross negligence of Scilico or the management of Scilico.

9. Termination

  1. This EULA will continue to be in force until the expiry or termination of the License.
  2. Scilico is entitled to terminate the License during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your fee, or in the event Scilico is required to do so by law or an order of an applicable court.
  3. Upon termination of the License, You shall cease all use of the I, Librarian software.
  4. You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

10. Governing law and disputes

  1. This EULA shall be governed by and construed in accordance with the laws of the U.S.A., the Texas State, excluding its conflicts of law rules.
  2. Any dispute between Scilico and You shall exclusively be submitted to the court in the U.S.A., the State of Texas.

11. Severability

If any provision of this EULA is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The parties agree to replace any such invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

12. Entire Agreement

This EULA constitutes the entire agreement between You and Scilico relating to the I, Librarian software and supersedes all prior or contemporaneous oral or written communications and representations with respect to the software.

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