End-user Product License Agreement
Subject to the following terms and conditions, C. David Eagle, Jr.
(“CDE”) grants to you (“User”) a non-exclusive license to use the Product and
the related Documentation accompanying this License Agreement. The term “Product” means all the computer
software products licensed to User as a single integrated product and the term
“Documentation” refers to the manual licensed to User.
1. Scope of License.
1.1 This license allows User
to install and use the Product solely on a single computer. Except as otherwise specified in the
Documentation, User may not grant sublicenses, leases, or other rights in the
Product, nor may User transfer, sell, assign, or otherwise convey the Product
to another party without prior written consent from CDE. User may not split the Product into its
component computer software products and transfer, sell, assign, distribute or
re-license or otherwise convey those components as individual products to
another party. Transfer of the Product
to another computer may be made on a permanent basis provided no active copies
are retained on the original computer.
This Agreement automatically terminates if User transfers possession of
any copy of the Product or Product Update to another party.
2. Proprietary Rights. The Product and Documentation are proprietary
products of CDE and are protected by copyright law. By virtue of this Agreement, User acquires
only the non-exclusive right to use the Product and does not acquire any rights
of ownership in the Product or the media upon which it is embodied. CDE shall
at all times retain all rights, title, and interest in the Product and the
media.
3. Non-Disclosure;
Copies; Alterations. User agrees not
to reverse engineer, disassemble, copy, or decompile the Product, except to
reproduce machine-readable object code portions for backup purposes and
installation of new releases, under penalty of license termination but not
exclusive of any other remedies. User
may copy the Product for installation or backup. User may not copy nor allow others to copy
the Product or Product Update for any other purpose. User agrees not to remove any product
identification or copyright notices from the Product. User may not copy nor allow others to copy
any part of the manuals or other printed material provided with the Product or
Product Update by any means, including data transmission or translation.
4. Limited Warranty.
CDE warrants that the materials of both the Product media and
Documentation are not defective and that the software is properly recorded on
the media. If either the media or the
Documentation is physically defective, CDE will replace it free of charge
during the 60-day warranty period.
User’s remedy is limited to return of the media and/or Documentation to
the supplier or to CDE for replacement.
This Limited Warranty is in effect for claims made within 60 days from
User’s purchase of the Product. CDE
warrants that it has the right to license the Product(s). Notwithstanding the foregoing, CDE shall not
be liable to User for any claim arising from or based upon the alteration or
modification of any of the Product(s).
The Product has been tested and the Documentation has been
reviewed. However, except as
specifically stated above, CDE MAKES NO WARRANTY OR REPRESENTATION, EITHER
EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THIS PRODUCT AND DOCUMENTATION. For example, CDE does not warrant that there
are no discrepancies between the Product and the Documentation, nor that errors
cannot arise during the use of the Product.
THIS WARRANTY GIVES THE USER SPECIFIC LEGAL RIGHTS, AND MAY ALSO
IMPLY OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF IMPLIED WARRANTIES, AND DO NOT ALLOW A LIMITATION ON HOW LONG ANY
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY. No supplier or agent is authorized to make
any modifications or addition to this warranty.
5. Limitation of Liability. TO
THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF CDE, IF ANY, FOR
DAMAGES RELATING TO ANY PRODUCTS SHALL BE LIMITED TO THE ACTUAL AMOUNTS PAID BY
USER FOR SUCH PRODUCT AND SHALL IN NO EVENT INCLUDE INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND. SOME STATES DO NOT
ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY.
6. Export Administration. User
agrees to comply fully with all relevant regulations of the United States
Department of Commerce and with the United States Export Administration Act to
assure that the Product and Documentation are not exported or re-exported in
violation of
7. Miscellaneous. This Agreement is governed
by the laws of the State of