End-User License Agreement

End-User License Agreement for
Made to Order Software Corporation
Turn Watcher product

Note: unofficial translations of this license agreement are available "online".

IMPORTANT — READ CAREFULLY: This Made to Order Software Corporation End-User License agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Made to Order Software Corporation (m2osw) for Turn Watcher, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software Product"). The Software Product also includes any updates and supplements to the original Software Product provided to you by m2osw. Any software provided along with the Software Product that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing, 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, 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 following rights:

1. Applications Software. You may install, use, access, display, run, or otherwise interact with ("Run") one copy of the Software Product, or any prior version for any of the operating system supported by the Software Product, on a single computer, workstation, terminal, handheld PC, pager, "smart phone," or other electronic device ("Computer") at a time. The primary user of the Computer on which the Software Product is installed may make as many copies as necessary on any number of Computers for his or her exclusive use.
2. Storage/Network Use. You may also store or install copies of the Software Product on a storage device, such as a network server, used only to Run the Software Product on your other Computers over an internal network; however, you must acquire and dedicate a license for each separate Computer on which the Software Product is Run concurrently from the storage device. A single license for the Software Product may not be shared or used concurrently on different Computers.
3. Reservation of Rights. All rights not expressly granted are reserved by m2osw.
2. Description of Other Rights and Limitations.
   1. Not for Resale Software. If the Software Product is labeled "Not For Resale" or "Demo Software", then, notwithstanding other sections of this EULA, your use of the Software Product is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the Software Product.
   2. 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.
   3. Separation 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 at a time. Some parts of the Software Product come from open source projects ("OSP"). The code and components of these OSP can be obtained separately and used freely notwithstanding this limitation.
   4. Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of m2osw.
   5. Rental. This license does not grant you any right to rent, lease, or lend the Software Product. m2osw has other licenses available for this purpose.
   6. Support Services. m2osw may provide you with support services related to the Software Product ("Support Services"). Use of Support Services is governed by the m2osw policies and programs described in "online" documentation, and/or in other m2osw provided materials. 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 unless the software code is part of an OSP, in which case it will have its own license. With respect to technical information you provide to m2osw as part of the Support Services, m2osw may use such information for its business purposes, including for product support and development. m2osw will not utilize such technical information in a form that personally identifies you.
   7. Software Transfer. The current licensee of the Software Product may make a one-time permanent transfer of this EULA and Software Product to another user (either an individual or a single entity). This transfer must include all of the Software Product (including all component parts, the media, backup copies thereof, printed materials, any upgrades, and this EULA). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA. The transferor must destroy all copies of the Software Product that cannot be transferred (such as, but not limited, to the copies on the transferor Computers) at the time the transfer occurs.
   8. Termination. Without prejudice to any other rights, m2osw may terminate this EULA 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.
3. Upgrades.

If the Software Product is labeled as an upgrade, you must be properly licensed to use a product identified by m2osw as being eligible for the upgrade in order to use the Software Product. A Software Product labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the 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 at a time.

4. Copyright.

All title and copyrights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "extension modules" incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by m2osw or its suppliers. All title and intellectual property rights in and to the content that may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this Software Product contains documentation that is provided only in electronic form, you may print multiple copies of such electronic documentation for your own purpose. You may not copy the printed materials accompanying the Software Product.

5. Software in Multiple Mediums.

You may receive the Software Product in more than one medium. Regardless of the type or size of mediums you receive, you may use only one medium that is appropriate for the Computer on which you are currently Running the Software Product. You may not loan, rent, lease, or otherwise transfer the other mediums to another user, except as part of the permanent transfer (as provided above) of the Software Product.

6. Backup Copies.

You may keep the original media on which the Software Product was provided by m2osw solely for backup or archival purposes. You may make backup copies of the original media solely for backup or archival purposes. You will either destroy or transfer all of these copies as part of a permanent transfer (as provided above) of the Software Product. Except as expressly provided in this EULA, you may not otherwise make copies of the Software Product or the printed materials accompanying the Software Product.

7. U.S. Government Restricted Rights.

All Software Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All Software Products provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with Restricted Rights as provided in FAR, 48 CFR 52.227-14 (June 1987) or FAR, 48 CFR 252.227-7013 (October 1988), as applicable.

8. Export Restrictions.

You agree that you will not export or re-export the Software Product, any part thereof, or any process or service that is the direct product of the Software Product (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Libya, North Korean, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.

9. No fault tolerant guarantee.

The Software Product is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, in which the failure of our Software Product could lead directly to death, personal injury, or severe physical or environmental damage.

10. Laws governing the EULA.

If you acquired this Software Product in the United States, this EULA is governed by the laws of the State of California. If this Software Product was acquired outside the United States, then local law may apply.

11. Limited Warranty.

m2osw warrants that (a) the Software Product will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by m2osw shall be substantially as described in applicable written materials provided to you by m2osw, and (c) m2osw support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software Product, if any, are limited to ninety (90) days.

12. Customer Remedies.

m2osw and its suppliers' entire liability and your exclusive remedy shall be, at m2osw option, either (a) return of the price paid, if any, or (b) repair or replacement of the Software Product that does not meet m2osw's limited warranty and which is returned to m2osw with a copy of your receipt. This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, or misapplication. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product Support Services offered by m2osw are available without proof of purchase from an authorized supplier.

13. No Other Warranties.

To the maximum extent permitted by applicable law, m2osw and its suppliers disclaim all other warranties and conditions, 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 state/jurisdiction/country to state/jurisdiction/country.

14. Limitations of Liability.

To the maximum extent permitted by applicable law, in no event shall m2osw or its suppliers be liable for 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 m2osw has been advised of the possibility of such damages. In any case, m2osw's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by your for the Software Product or U.S. $5.00; provided that if you have also entered into a different agreement with m2osw, the terms of that other agreement may prevail. Because some states, jurisdictions and countries do not allow the exclusion or limitation of liability, this limitation may not apply to you.