End-User License Agreement for
Made to Order Software Corporation Turn Watcher productNote: 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.
- Grant of License.
This EULA grants you the following rights:
-
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.
-
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.
-
Reservation of Rights. All rights not expressly granted are reserved by m2osw.
- Description of Other Rights and Limitations.
-
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.
-
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.
-
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.
-
Trademarks. This EULA does not grant you any rights in
connection with any trademarks or service marks of m2osw.
-
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.
-
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.
-
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.
-
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
|