Copyright (©) 2004-2011 TESLINE-SERVICE S.R.L. All rights reserved. StaffCounter is a registered trade mark of TESLINE-SERVICE S.R.L.
TESLINE-SERVICE S.R.L.

Software License Agreement

NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY.

BY COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THETERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER, LESSOR, OTHER OWNER OR ANY OTHER LEGAL REPRESENTATIVE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. VISIT http://www.data.staffcounter.net FOR TERMS OF AND LIMITATIONS WITH REGARDS TO THE SOFTWARE.YOU MAY HAVE ANOTHER WRITTEN AGREEMENT DIRECTLY WITH TESLINE-SERVICE S.R.L. (E.G., A VOLUME LICENSE AGREEMENT) THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT. TESLINE-SERVICE S.R.L. (AND/OR ITS SUPPLIERS) OWN ALL INTELLECTUAL PROPERTY OF THE SOFTWARE. THE SOFTWARE IS LICENSED, NOT SOLD. TESLINE-SERVICE S.R.L. PERMITS YOU TO COPY, DOWNLOAD, INSTALL, USE, OR OTHERWISE BENEFIT FROM THE FUNCTIONALITY OR INTELLECTUAL PROPERTY OF THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. USE OF SOME TESLINE-SERVICE S.R.L. AND SOME THIRD PARTY MATERIALS AND SERVICES INCLUDED IN OR ACCESSED THROUGH THE SOFTWARE MAY BE SUBJECT TO OTHER TERMS AND CONDITIONS TYPICALLY FOUND IN A SEPARATE LICENSE AGREEMENT,  TERMS OF USE OR “READ ME” FILE LOCATED WITHIN OR NEAR SUCH MATERIALS AND SERVICES OR AT http://www.data.staffcounter.net/ THE SOFTWARE MAY CAUSE YOUR COMPUTER TO AUTOMATICALLY CONNECT TO THE INTERNET. THE SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING. ADDITIONALLY, ONCE CONNECTED, THE SOFTWARE MAY TRANSMIT YOUR SERIAL NUMBER TO TESLINE-SERVICE S.R.L. AND IN DOING SO MAY PREVENT USES OF THE SOFTWARE THAT ARE NOT PERMITTED. MOREOVER, THE SOFTWARE DUE TO ITS OPERATION PRINCIPLE AND DESIGNATED PURPOSE, CAN SEND SOME INFORMATION TO THE INTERNET, OUR SERVER OR OTHER SOURCES WHICH WERE OBTAINED DURING ACTIVITY MONITORING WORK (SEE TERMS OF SERVICE ) 

If you obtained the Software and any required serial number(s) from TESLINE-SERVICE S.R.L. or one of its authorized licensees and as long as you comply with the terms of this agreement, TESLINE-SERVICE S.R.L. grants you a non-exclusive license to install and use the Software in a manner consistent with its design. The same rule applies to any free of charge software which are owned by TESLINE-SERVICE S.R.L..

If it is not specified otherwise, all Documentation (explanatory written materials and files) and the software included in the service packet or otherwise obtained from TESLINE-SERVICE S.R.L. is copyrighted by TESLINE-SERVICE S.R.L.
The Software and any authorized copies that you make are the intellectual property of and are owned by TESLINE-SERVICE S.R.L. (or its suppliers). The structure, organization and code of the Software are the valuable trade secrets and confidential information of TESLINE-SERVICE S.R.L. and its suppliers. The Software is protected by law, including but not limited to the copyright laws of the Republic of Moldova and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does notgrant you any intellectual property rights in the Software and all rights not expressly granted are reserved by TESLINE-SERVICE S.R.L. and its suppliers.

You may install and use one copy of the Software on up to the Permitted Number of your compatible Computers or Mobile devices such as phones and portable computers as long as, when required by the Software, you present a valid serial number for each copy.

Access to any output files created with the software used on a tryout or trial basis is entirely at your own risk.

Any permitted copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software. You agree that you will not use the Software other than as permitted by this agreement and that you will not use the Software in a manner inconsistent with its design. You may not modify, adapt or translate the Software. You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted under applicable law to decompile only in order to achieve interoperability with the Software.You will not rent, lease, sell, sublicense, assign or transfer your rights in the software, or authorize any portion of the software to be copied onto another individual or legal entity’s computer except as may be expressly permitted herein. You may, however, permanently transfer all your rights to use the Software to another individual or legal entity provided that: (a) you also transfer (i) this agreement, (ii) the serial number(s), the Software affixed to media provided by TESLINE-SERVICE S.R.L. or its authorized distributor, and all other software or hardware bundled, packaged or pre-installed with the Software, including all copies, upgrades, updates and prior versions, and (iii) all copies of font software converted into other formats to such individual or entity; (b) you retain no upgrades, updates or copies, including backups and copies stored on a Computer; and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions under which you purchased a valid license to the Software.

This software is presented as it is shown on the site, without any additional options or supplements implied, available “AS IS”, without any express or implied guarantees. 

TESLINE-SERVICE S.R.L. warrants to the individual or entity that first purchases a license for the Software for use pursuant to the terms of this agreement that the Software will perform substantially in accordance with the Documentation for the sixty (60) day period following receipt of the Software when used on the recommended operating system and hardware configuration. Non-substantial variation of performance from the Documentation does not establish a warranty right. This limited warranty does not apply to the following, which are made available AS-IS and without warranty from TESLINE-SERVICE S.R.L.: patches, font software converted into other formats; pre-release (beta), trial, starter, evaluation, product sampler, and not for resale (NFR) copies of the Software; websites, TESLINE-SERVICE S.R.L. Online Services; Third Party Online Services; Certified Document Services (see Section 16); and any software made available by TESLINE-SERVICE S.R.L. for free via web download from a TESLINE-SERVICE S.R.L. website. Warranty is not granted for the products or services obtained without charge.

The Service Period for the free of charge StaffCounter Web Services shall begin on the date that you provide registration information for the Service and shall continue unless terminated by You or until TESLINE-SERVICE S.R.L. no longer makes the Service available.The Service Period for the paid-for StaffCounter Web Services shall begin on the date of purchase and shall last for the period of time set forth in the applicable Web Services Fee documentation from the TESLINE-SERVICE S.R.L..

The limited warranty set forth in this section gives you specific legal rights. You may have additional rights under law which vary from jurisdiction to jurisdiction. TESLINE-SERVICE S.R.L. does not seek to limit your warranty rights to any extent not permitted by law. 

Except for the exclusive remedy offered by TESLINE-SERVICE S.R.L. above and any remedies that cannot be excluded or limited under law, TESLINE-SERVICE S.R.L. will not be liable to you for any loss, damages, claims or costs whatsoever including any consequential, indirect or incidental damages, any lost profits or lost savings, any damages resulting from business interruption, personal injury or failure to meet any duty of care, or claims by a third party, even if a TESLINE-SERVICE S.R.L. representative has been advised of the possibility of such loss, damages, claims or costs. In any event, TESLINE-SERVICE S.R.L.’s aggregate liability under or in connection with this agreement will be limited to the amount paid for the software, if any. This limitation will apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this agreement. 

If you are a consumer who uses the Software for only personal non-business purposes, then this agreement will be governed by the laws of the state in which you purchased the license to use the Software. In all other cases not stipulated by this agreement, the law of the Republic of Moldova is applied. 

A user is permitted to use this software for personal or commercial purposes and shall not in any fashion break the applicable legislation, nor allow using SW in violation of third parties’ rights and legal interests (legal entities), provided the following terms are respected:

1. Any reallocation of the files of the source code should contain all mentioning of copyrights, and the terms of the present agreement with no amendments.

2. Any distribution in binary form should be accompanied by notifications of the copyright and a relative web link.

In any case You agree that You will not use the software in Your own interest and not use it in a manner that contradicts the applicable law, even if the software design and its technical specifications allow that, and You will not use the SW in violation of third parties’ rights and legal interests but respect their rights to the protection of personal data.

You should take into consideration the applicable law on protection in your country/area, in respect to the use of our product (Software).

According to the applicable law, you (as a holder of personal data - processor) might be obliged to obtain a written permission from the subject personal data (owner or other person, data about collected or processed is). Such persons could be your wife/husband or adult children while home using of our product, or the employees of your company (department, unit) while our product is used by a company, announcing that persons that they are using the PC you (your company) own, and all the information processed belongs to you (company) also.

In such cases the user should notify such persons that their use of the user's PC's is limited to their job tasks or official duties (labor contract).

The permission mentioned above, could not be necessary if the collected (processed) data are depersonalized. Thus, you should try to depersonalize the collected data always and/or to keep the confidentiality of the respective persons, as possible.

Looking for protection of personal data, while using our Software you should provide the necessary organizational and technical measures for the protection of the personal data against illegal or casual access to them, eliminations, changes, blocking, copying, distribution of the personal information, and also from other wrong acts.

In any cases and circumstances, as long as you use our Software, you should notice, that we just give you the Software (product), and you are the user of that Software, and respectively, the processor of the personal data at your own risk and responsibility, and your use should complain with and meet the applicable law on protection of personal data.    

If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement may only be modified in writing, signed by an authorized officer of TESLINE-SERVICE S.R.L.. This is the entire agreement between TESLINE-SERVICE S.R.L. and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.Taking into consideration the operating principle and design of the Software, according to which a definite information is accumulated automatically when using or installing the software in network, Internet and/or TESLINE-SERVICE S.R.L. server, you shall examine all sections of the License agreement, Software agreement  (TERMS of SERVICE) http://www.data.staffcounter.net/terms-of-service.html , as well as Privacy policy http://www.staffcounter.net/privacy.html, and you are not to install, transfer and/or use the Software if you have any questions or ambiguity about software usage, its operating principle, way of functioning or legal consequences of the Software usage.

If you are a business, company, or organization, you agree that TESLINE-SERVICE S.R.L. or its authorized representative have the right to inspect your records, systems, and facilities to verify that your use of any and all TESLINE-SERVICE S.R.L. software is in conformity with your valid licenses from TESLINE-SERVICE S.R.L..TESLINE-SERVICE S.R.L., staffcounter,  are either the registered trademarks or trademarks of TESLINE-SERVICE S.R.L. Service SRL in the Republic of Moldova and/or other countries. All other trademarks are the property of their respective owners.Abuse of  intellectual property  or any other  violation  of intellectual  property rights  is prosecuted under  law.

Operation and interpretation of this Agreement is regulated by the legislation of the Republic of Moldova, excluding conflict of laws principles.  All legal issues and disputes related to this Agreement shall be examined in the Republic of Moldova or in the territory of the client country (party) or the country of the violation, under the choice of TESLINE-SERVICE S.R.L..  TESLINE-SERVICE S.R.L. and you agree to proceed under the jurisdiction of these courts for the trial of legal issues and use them as a venue.  You agree not to export the Software or any direct product based on it, directly or indirectly, in violation of export laws of RM and those of your country, and other applicable laws for export and import, or use the Software and Services for any purpose prohibited by these laws.  Invalidation of any provision of this License preserves the validity of all the remaining provisions.  No amendment to this License shall be binding unless affixed in writing by the seals of that party against the interests of which they are intended. No Yours or TESLINE-SERVICE S.R.L.’s waiver of claims in case of violation of License or non-compliance with the obligations described in it shall be considered as a waiver of claims for other violations or defaults under the Agreement.

TESLINE-SERVICE  http://www.data.staffcounter.net