User license agreement (hereinafter “the Agreement”) between “Dialogue” and you, the Customer (hereinafter “the Customer”), with regard to screenplays writing software called Dialogue (hereinafter “the Software”).
- Customer engagement in this agreement
With the installation or operation of the Software the Customer is considered to have given his explicit consent, which is complete, unreserved, absolute, irrevocable and unlimited in time, to all of the provisions of this Agreement.
- User License
License type shall be defined in an invoice issued by Dialogue when carrying out the transaction.
License that is limited in time:
Subject to full and timely payment of the license fee, Dialogue hereby grants the Customer the right of use (hereinafter “Right of Use”) which is personal, nonexclusive, not unique, non-transferable, that is limited to a period of time as will be decided during the engagement and marked on the invoice, to use the Software, subject to and in accordance with the provisions of this Agreement.
Monthly Subscription License
Subject to full and timely payment of the monthly recurring license fee (hereinafter “monthly payment”), Dialogue hereby grants the Customer the right of use the software (hereinafter “Right of Use”) which is personal, nonexclusive, not unique, non-transferable, that is limited to a period of time as long the customer will pay the monthly payment or Dialogue will not announced end of service. The right of use is subject to and in accordance with the provisions of this Agreement.
The following conditions shall apply for both the license that is limited in time and for the subscription license;
The Right of Use is given to the Customer for use on two computers only, which belong to the same Customer only. The Software shall not be installed on additional computers simultaneously, separately or in any other manner whatsoever.
The Software shall not be altered, converted, disassembled, reversed-engineered, copied, reproduced, distributed, sold, let, traded, or subjected to any other disposition, in whole or in part, in any manner and/or for any reason or need whatsoever.
- Trial installation
It is hereby clarified that due to Jun 2020 and after there is no option of trial installation of Dialogue
In any case that Dialogue will change this policy and enable and allow installing the Software without a license for the purpose of evaluation, the installation is limited to a few days up to thirty days (depending on the version) from the date of installation. During the aforesaid period the Customer shall be entitled to test the Software and try it, without writing any scripts for the purpose of submitting or producing them immediately or in the future.
- Intellectual Property Rights
All rights, information and knowledge, of any kind, current and future, in Israel and everywhere else in the world, relating to, connected to or embedded in the Software or any of its parts, help files, components, structure, source code and all documentation related to it, including guidelines, instructions for operation, installation, training, maintenance and backup of the Software or anything else related to it, including improvements, innovations, developments, enhancements, additions, changes, adjustments and variations, including intellectual property rights, copyrights, patents, samples, trademarks, names and reputation – belong to, and shall remain fully, exclusively, absolutely and perpetually in the possession of Dialogue only, and the Customer does not have, does not received in this Agreement, and hereby fully, completely and irrevocably waves any right, demand or claim of any kind whatsoever regarding the Software and aforesaid rights.
- Warranty
Dialogue’s warranty is limited to what is said in this Agreement only. There is no other warranty of any kind, express and/or implied, including, without derogating from the generality of the aforesaid, with respect to the Software, its uses, products, performance, quality, compatibility or suitability to any of the Customer’s needs or uses.
- Damages
Without derogating from the generality of the aforesaid, Dialogue or any third party on its behalf shall not be liable for any damages, expenses, financial losses, losses or delays of any kind or sort, direct, consequential or indirect damages incurred by the Customer or any other third party in connection with the Software, including with respect to products, damage to files, clash with files and computer systems, errors or defects.
- Versions and updates
Dialogue is not obligated to make corrections, modifications, adjustments, enhancements, innovations or any version changes, with regard to anything pertaining to the Software.
- Support
The company shall provide Customer support services, by contact through the Dialogue website and/or other means that will be published on the website, for the license period, as long as the Customer has not violated any provision of this Agreement.
- Violations
Any violation of any of the provisions of this Agreement shall constitute a breach of civil and criminal law.
- Transfer of rights and obligations
The Customer is not entitled to transfer and/or assign and/or endorse his rights and/or obligations under this Agreement, in whole or in part, to any third party. Dialogue is entitled to transfer and/or assign and/or endorse its rights and/or obligations under this Agreement, in whole or in part, to any third party at its sole and absolute discretion, and the Customer hereby gives his explicit, general and irrevocable consent to Dialogue’s right to do so.