» version 2.0.61 - posted on 2003-02-06
EULA - End User License Agreement
END USER LICENSE AGREEMENT
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. The licence
By receiving and/or using this MacroVista Software (MVS) software (the Software), you accept the following End User Agreement. This agreement is a binding legal agreement between MVS and the purchasers, users or evaluators of this Software. Subject to the terms of this Agreement, MVS grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use this Software in accordance with this Agreement and any other written agreement with MVS. MVS does not transfer title to this Software to you; the license granted to you is not a sale. If you do not agree to be bound by this agreement, remove this Software from all computers that you installed it to and destroy any install kit copies in your possession.
This Version of this Software shall not be transferred, sold, re-sold, offered for sale or distributed in any way except in accordance with paragraph 3.2 below. For information about redistribution of MVS Software you can contact us at:
3. User Agreement
3.1. Evaluation Version use
You may evaluate the Software for 60 calendar days (the "Evaluation Period"). On or before the expiration of the Evaluation Period, you should purchase a Full Licence for the Software from MVS. Organizations have to purchase the Full Licence or Multi-licence if they decide to use the Software after the end of the Evaluation Period. Private users may opt to register the software for free, in which case most of the functionality of the Software that has been disabled after the evaluation period has expired will be enabled again. However everybody who uses the software regularly is expected to purchase a full licence from MVS to support further development.
For more information about purchasing a Full Version of this Software, please e-mail us at: email@example.com
This Evaluation Version of the Software may be freely distributed, provided that:
a) Such distribution includes only the original archive supplied by MVS. You may not alter, delete or add any files in the distribution archive or modify the Software in any way.
b) The conditions of use of this Software is not misrepresented.
c) No money is charged to the person receiving this Software, beyond reasonable cost of packaging and other overhead.
d) You provide prior email notice to MVS at the email address listed above that you are distributing this Evaluation Version and, if the Software is being distributed with other media or software, MVSs prior written approval is required. To obtain prior written approval, contact us at: firstname.lastname@example.org . You may be required to report to us the number of units of this Software distributed from time to time.
4. Use Restrictions
4.1. You shall use this Software in compliance with all applicable laws and not for any unlawful purpose.
4.2. Each licensed copy of this Software may be used on up to 3 computers provided all installations are being used by a single person. Such computers must not reside permanently in the same location together, since the purpose of this licence is to allow one user to be able to use the software on more than one places (like home and at work) and to be able to synchronize the data managed by the Software. Use of the Software means that you have loaded, installed, or run the Software on to a computer.
4.3. If you install the Software onto a multi-user platform or network, each and every individual user of the Software must be licensed separately or be covered by a multi-license.
4.4. You may make one copy of the licensed Software for backup purposes.
4.5. You have to register a licence for every user of the Software.
4.6. Other users may not use your copy of this Software unless they first agree to this license. If any person other than yourself uses Software registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
4.7. The sale of and or distribution of copies of this Software are strictly forbidden except in compliance with the above. It is a violation of this agreement to sell, loan, rent, lease, borrow, or transfer the use of copies of MVS Software except in accordance with the above.
5. Copyright Restriction
5.1. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software.
5.2 MVS's name, logo and graphics file that represents our Software shall not be used in any way to promote products, services or software developed with our Software without prior consent of MVS. MV retains sole and exclusive ownership of all right, title and interest in and to the Software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of MVS Software, products and services.
5.3. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program.
5.4. All rights not expressly granted hereunder are reserved for MVS.
6. Limitation of Responsibility
6.1. You will indemnify, hold harmless, and defend MVS, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of this Software. In no event (including, without limitation, in the event of negligence) will MVS, its employees, agent or distributors, be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, this Software or the use or inability to use this Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
6.2. Our entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by MVS) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of the license from the customer to MVS.
Except as expressly stated in writing, MVS makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.