Distribution Agreement
You agree to be bound by the terms
of this software distribution agreement, and the
products end user license agreement by distributing,
copying, or otherwise using the product.
1. General: This Software
Distribution Agreement (“SDA”) is a legal agreement
between you (either an individual or a single
entity) and Reohix Ltd. (“Reohix Ltd.”, “we”, “us”
or “our”) for all Reohix Ltd. products and services,
which includes computer software and may include
associated media, printed materials, and online or
electronic documentation (Product).
2. License Grant: Subject to your
agreement and compliance with the terms and
conditions of this SDA, Reohix Ltd. grants to you a
limited, personal, non-exclusive, non-transferable
and revocable license (without the right to
sublicense) to copy and distribute exact copies of
the installer for the Product in either .exe, .msi,
.rar or .zip format via tangible media, e-mail, or
public Internet website. For purposes of the
foregoing, the term “exact copy” means a file that
is identical at the time you create the copy to the
Reohix Ltd. installer for the Product available at
http://www.reohix.com, in its unaltered form
with all files included unmodified, without any
additional, new or renamed files or elements (in
whole or in part).
3. Storage: You may store the
Product installer in either .EXE, .MSI, .RAR or .ZIP
format on your servers for the sole purpose of
distribution as outlined in this agreement.
4. Reservation Of Rights: Reohix
Ltd. reserves all rights not expressly granted to
you in this SDA.
5. Scope Of Distribution: You may
distribute the freeware or shareware versions of the
Product via Website, Magazine, Book, or CD with no
further permission from Reohix Ltd, as long as we
are informed of this distribution. Any other methods
of distribution must be approved in writing. You
must not distribute the Product under any other name
or representation.
6. Termination: Without prejudice
to any other rights, Reohix Ltd. may cancel this SDA
if you do not abide by the terms and conditions of
this SDA, in which case you must destroy all copies
of the Product and all of its component parts.
7. Consent To Use Of Data: You
agree that Reohix Ltd. and its affiliates may
collect and use technical information you provide as
a part of support services related to the Product.
Reohix Ltd. agrees not to use this information in a
form that personally identifies you.
8. Limitation Of Liability: You
understand, acknowledge and agree that to the
fullest extent permissible by law, neither reohix
ltd. Nor its parent, subsidiaries, affiliates, their
respective successors and assigns, officers,
directors, employees, agents, licensors,
representatives, advertisers, business and
promotional partners, operational service providers,
suppliers, resellers and contractors shall, under
any circumstances, be responsible or liable for any
claim, loss or damage, of any kind, direct or
indirect, including, without limitation, any and all
compensatory, consequential, incidental, direct,
indirect, special, exemplary or punitive damages, in
connection with or arising from any distribution or
use of the software or otherwise in connection with
this SDA.
9. Governing Law And Interpretation: This SDA and all disputes, claims,
actions, suits or other proceedings arising
hereunder shall be governed by, and construed in
accordance with, the substantive law of Malta
applicable to contracts wholly made and to be
performed within Malta. You agree to irrevocably
submit to the sole and exclusive jurisdiction of the
courts of Malta. You further irrevocably consent to
the exercise of personal jurisdiction by such courts
and waive any right to plead, claim or allege that
Malta is an inconvenient forum. No amendment,
modification, waiver or discharge of any provision
of this SDA shall be valid unless made in writing
and signed by an authorized representative of Reohix
Ltd. No failure or delay by Reohix Ltd. to exercise
any right or enforce any obligation shall impair or
be construed as a waiver or on-going waiver of that
or any or other right or power, unless made in
writing and signed by Reohix Ltd. If any provision
of this SDA is held to be illegal, invalid or
unenforceable, the remaining provisions of this SDA
shall be unimpaired and remain in full force and
effect.
10. Entire Agreement: This SDA
(including any addendum or amendment to this SDA
which is included with the Product) are the entire
agreement between you and Reohix Ltd. relating to
the Product and the support services (if any) and
they supersede all prior or contemporaneous oral or
written communications, proposals and
representations with respect to the Product or any
other subject matter covered by this SDA. To the
extent the terms of any Reohix Ltd. policies or
programs for support services conflict with the
terms of this SDA, the terms of this SDA shall
control.
11. Copyright And Intellectual Property: Reohix Ltd. products and services,
including but not limited to our Software, Books,
PDFs, and Web Services, are protected by copyright
and other intellectual property laws and treaties.
Reohix Ltd. directly or indirectly owns all right,
title and interest in and to those products and
services including, without limitation, all
intellectual and proprietary rights appurtenant
thereto, and nothing in this SDA shall be construed
to transfer, convey, impair or otherwise adversely
affect Reohix Ltd.’s ownership or proprietary rights
therein or any other Reohix Ltd. information or
materials, tangible or intangible, in any form and
in any medium.
