Table of Contents


Video Courses and Books Terms of Use

1. Terms

By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
      1. modify or copy the materials;
      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      3. attempt to decompile or reverse engineer any software contained on the School’s web site;
      4. remove any copyright or other proprietary notations from the materials; or
      5. transfer the materials to another person or 'mirror' the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.

6. Links

The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

8. Governing Law

Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.

Hypersistence Optimizer License Agreement

This License Agreement is a legal agreement between you (hereinafter “Customer” or “you”) and Mihalcea Vlad-Alexandru (hereinafter “Supplier”).

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

This License Agreement governs your acquisition and use of the Hypersistence Optimizer software (hereinafter “Software”) directly from the Supplier or indirectly through a Supplier authorized reseller or distributor (a “Reseller”).

Please read this License Agreement carefully before completing the installation process and using the Software.

If you register for a free trial of the Software, this License Agreement will also govern that trial.

By installing and/or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this License Agreement.

If you are entering into this License Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this License Agreement, do not install or use the Software, and you must not accept this License Agreement.

This License Agreement shall apply only to the Software supplied by Supplier herewith regardless of whether other software is referred to or described herein. The terms also apply to any Supplier updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

Licenses

Grants of Rights

Customer will pay a single, annual Subscription fee to use the Software.

Unless the Subscription has expired or this Agreement is terminated in accordance with the Termination section, and subject to the terms and conditions specified herein, Supplier grants Customer a non-exclusive, timely limited, and non-transferable license to use the Software on your devices in accordance with the terms of this License Agreement.

Unless the Subscription has expired or this Agreement is terminated in accordance with the Termination section, you can download and install this Software or new versions of the Software that are provided by the Supplier on Workstations (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Software.

You are not permitted to:

  • Edit, alter, modify, adapt, create derivative works of, translate or otherwise change the whole or any part of the Software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
  • Reproduce, copy, rent, lease, distribute, resell or transfer the Software
  • Allow any third party to use the Software on behalf of or for the benefit of any third party
  • Use the Software in any way which breaches any applicable local, national or international law
  • Use the Software for any purpose that the Supplier considers is a breach of this License Agreement

Individual License

The Individual License allows the software to be installed, accessed, and used only by the person who purchased the license.

Group License

The Group License allows the software to be installed, accessed, and used on multiple Workstations. Every Group License defines the maximum number of Workstations the Software can be installed on. You are not allowed to install the Software on more Workstations than the maximum number indicated by the Group License you had previously purchased. If you need to accommodate more Workstations, you need to purchase a new Group License which grants you the right to use the Software on additional Workstations.

Software time validity

The Release version of the Software is valid and can be used for 400 days since it was built. After this period expires, as long as you have a valid Subscription, you need to download and install a newer version of the Software.

The Trial version of the Software is valid and can be used for 30 days since it was built. After the trial version validity expires, without the written consent of the Supplier, the Customer is not entitled to install a new Trial version of the Software on the same Workstation for the same Software version number.

Intellectual Property and Ownership

The Supplier shall at all times retain ownership of the Software as originally downloaded by the Customer and all subsequent downloads of the Software by the Customer. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of the Supplier.

The Supplier reserves the right to grant licenses to use the Software to third parties.

Termination

This License Agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to the Supplier.

This License Agreement shall be valid for twelve (12) months upon delivery of the Software and shall be renewed for an additional twelve (12) months period if neither party terminates it.

This Agreement will also terminate immediately if you fail to comply with any term of this License Agreement.

Upon termination, the licenses granted by this License Agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this License Agreement.

License Agreement Changes

Supplier reserves the right to update, revise, supplement and otherwise modify this Agreement from time to time. Any such changes to this Agreement will be effective immediately for new Customers and thirty (30) days after notification (including by posting a notice on the applicable Supplier website) for current Customers.

The Customer is advised to review this Agreement periodically for changes. If you do not wish to accept any change, please uninstall and discontinue using the Software. Your continued use of the Software following the thirty (30) day notice period constitutes your acceptance of those changes.

Applicable law and place of jurisdiction

This License Agreement and any dispute arising out of or in connection with this License Agreement shall be governed exclusively by and construed in accordance with the laws of Romania (excluding the United Nations Convention on Contracts for the International Sale of Goods).

The place of jurisdiction shall be exclusively Cluj-Napoca, Romania.

Last modified: March 19, 2019