» version 2.00 - posted on 2001-04-29
SINGLE END-USER LICENSE AGREEMENT FOR eMNGma SOFTWARE
IMPORTANT-READ CAREFULLY. This End-User License Agreement ("EULA") is a legal AGREEMENT between you (either as a registered individual user or as the registered user/representative and on behalf of a single entity) and Triple-T Software for the eMNGma software product identified above, which product includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install or use the SOFTWARE PRODUCT. You may, however, return it to your place of purchase for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1) GRANT OF LICENSE. This EULA grants you, the registered computer software user, the following rights:
* Applications Software. The SOFTWARE PRODUCT may be used only by you. You may install and use one copy of the SOFTWARE PRODUCT, or any prior version thereof for the same operating system, on a single computer.
* Redistributable File(s). Notwithstanding the terms of this EULA to the contrary, the example files of the SOFTWARE PRODUCT may be redistributed by you to the extent required for the permitted publishing of the documents/files created by you while using the SOFTWARE PRODUCT hereunder. The specific redistributable file(s) are limited to those specifically identified as "Redistributables" in the media, printed materials, and "online" or electronic documentation accompanying the particular embodiment of the SOFTWARE PRODUCT.
* STORAGE/NETWORK USE. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a distinct license for each user using the SOFTWARE PRODUCT from the storage device. Any given license for the SOFTWARE PRODUCT may not be shared or used concurrently or otherwise on different computers or by different users in a given organization.
2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation of components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
* Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT to any party.
* Software Transfer. You may permanently transfer all of your rights under this EULA, provided you (a) retain no copies, (b) transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Registration key), and (c) the recipient agrees to abide by all of the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT and all of your rights therein, if any.
* Support Services. Support services related to the SOFTWARE PRODUCT ("Support Services") may be provided governed by the policies and programs described in the SOFTWARE PRODUCT user manual and/or in "online" documentation. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide as part of the Support Services, use of such information is for business purpose, including product updates and development. The best efforts will be made to not utilize such technical information in a form that personally identifies you.
* Termination. Without prejudice to any other rights, this EULA may be terminated if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts; to this end you grant the right to, with or without notice, monitor your Internet accessible activities for the purpose of verifying SOFTWARE PRODUCT performance and/or your compliance with the terms hereof, including, but not limited to the remote monitoring and verification of your implementation, use and duplication of the SOFTWARE PRODUCT.
* If the SOFTWARE PRODUCT is labeled or otherwise identified as an "upgrade", you must be properly licensed to use a previous version of the product as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled or otherwise identified as an upgrade; replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4) COPYRIGHT AND TRADEMARKS.
* All title, trademarks and copyrights in and pertaining to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animation, video, audio, Music, text, and applets incorporated into the SOFTWARE PRODUCT), the accompanying, printed materials and any copies of the SOFTWARE PRODUCT are owned by Triple-T Software. The SOFTWARE PRODUCT is protected by copyright and trademark laws and international treaty provisions. You must treat the SOFTWARE PRODUCT like any other copyrighted for archival purposes, and you may not copy the printed materials accompanying the SOFTWARE PRODUCT.
* You may not remove, modify or alter any copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the Installation dialogue or 'about' boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or dynamically or otherwise created by the SOFTWARE PRODUCT.
5) LIMITED WARRANTY.
* LIMITED WARRANTY. Warranty of the SOFTWARE PRODUCT is limited to (a) the SOFTWARE PRODUCT will, for a period of thirty (30) days from the date of your receipt, perform substantially in accordance with written materials accompanying it, and (b) any Support Services provided shall be substantially as described in applicable written materials provided to you, and (c) Commercially reasonable efforts will be made to solve any problem issues with the SOFTWARE PRODUCT. To the extent that implied warranties on the SOFTWARE PRODUCT are disclaimable, they are disclaimed hereinbelow. Some jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to thirty (30) days.
* Any other warranties are disclaimed, to the maximum extent permitted by applicable law, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the software product and the provision of or failure to provide support services. This limited warranty gives you specific legal rights. You may have others, which vary from jurisdiction to jurisdiction.
6) LIMITATION OF LIABILITY.
* To the maximum extent permitted by applicable law, the liability of the SOFTWARE PRODUCT excludes any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide support services, even if advised of the possibility of such damages. In any case, the entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or ten United States dollars (U.S. $10.00); provided, however, if you have entered into a support services agreement, The entire liability regarding support services shall be governed by the terms of that agreement. Because some jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.