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