» version 1.04 - posted on 2004-02-04
EULA - End User License Agreement
EVALUATION LICENSE ONLY
LICENSE AGREEMENT - First Choice Software
This is a legal agreement between you (either an individual or a single entity; hereinafter "LICENSEE") and First Choice Software LLC (hereinafter "LICENSOR") covering the downloading and/or installation of LICENSOR's Programs, Access Data files and Components (written code and/or constructed graphic elements; hereinafter "PROGRAM(S)"). By downloading and/or installing, copying, or otherwise using the PROGRAM(S) on any computer or device, you agree to be bound by the terms of this End User License Agreement (EULA). Be sure to read the following agreement before using the PROGRAM(S). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE PROGRAM(S) AND DESTROY ALL COPIES OF IT.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
GRANT OF LICENSE
LICENSOR grants you a nonexclusive, nontransferable right to use any PROGRAM(S) for creating electronic or printed materials (hereinafter, "FINISHED PRODUCT"), on your personal or business computer.
Except as specifically provided in this agreement: no PROGRAM(S) may be used on more than one computer.
Except as otherwise explicitly permitted by this agreement, you may not transmit or distribute the PROGRAM(S).
The LICENSEE does grant an unlimited license to use this PROGRAM(S) if as a part of:
i) To demonstrate the software as part of a proposal that will utilize the full purchased product to actually develop a Unique, non-competitve MS Access based product.
ii) To create a Non-Competing product, you may use the purchased and registered product and source code to develop a derivative product provided you only distribute the derivative.
You may not utilize the PROGRAM(S) in any manner that is not expressly permitted in this license agreement. All rights not specifically granted above are retained by LICENSOR.
Use of the PROGRAM(S), or any part thereof, as a trademark or service mark, is not permitted.
No PROGRAM(S) may be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product. For example, PROGRAM(S) may be used as an integral part of a program design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by other access users. Similarly, clients may be provided with copies of modified PROGRAM(S) (including digital files) as an integral part of a work product, but may not be provided with original, unmodified PROGRAM(S) and Documentation or permitted to use PROGRAM(S) separately. One copy of the PROGRAM(S) may be made for backup purposes only, but may be used only if the original PROGRAM(S) becomes defective, or is destroyed or otherwise irretrievably lost. If this software is installed on a business computer, you may also install one additional copy on your home computer so long as you are the primary user and the program is not being used by different users at the same time. If you would like to share the PROGRAM(S) with others please contact Licensor, by email at firstname.lastname@example.org, or by phone at 1-610-436-6825.
WARRANT: LICENSOR warrants that for a period of thirty (30) days from the date of acquisition, the PROGRAM(S), if operated as directed, will substantially achieve the functionality described in the Documentation. LICENSOR does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the PROGRAM(S) will be error-free or secure. LICENSOR also warrants that the media containing the PROGRAM(S), if provided by LICENSOR, is free from defects in material and workmanship and will so remain for thirty (30) days from the date you acquired the PROGRAM(S). LICENSOR 's sole liability for any breach of this warranty shall be, in LICENSOR 's sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the PROGRAM(S) as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the PROGRAM(S). Repaired, corrected, or replaced PROGRAM(S) and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced PROGRAM(S), or (b) LICENSOR advised you how to operate the PROGRAM(S) so as to achieve the functionality described in the Documentation. Only if you inform LICENSOR of your problem with the PROGRAM(S) during the applicable warranty period and provide evidence of the date you purchased a license to the PROGRAM(S) will LICENSOR be obligated to honor this warranty. LICENSOR will use reasonable commercial efforts to repair, replace, advice, or for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY LICENSOR. LICENSOR MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO LICENSOR DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the PROGRAM(S) by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the PROGRAM(S) is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the PROGRAM(S) was designed to be used as described in the Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
DISTRIBUTION: Distribution of the Original Demonstration software is allowed provided it is distributed completely in its original format. Distribution of the original purchased product is allowed provided that the software that you distribute has been modified, by you, to perform a function or procedure other than the original Software and provided that your modified version is not a product that competes with the original Software. Distribution of the original, unmodified program source code is not allowed. Otherwise; Distribution of the Software is not allowed without permission of LICENSOR. You may not modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on the PROGRAM(S) in the Demonstration software. You may modify and create derivative works based on the PROGRAM(S) in the Purchased Software provided that you have registered the product with the Author. Distribution of the original purchased product source code, "FINISHED PRODUCT", is Not allowed in its original state. You may not copy the PROGRAM(S) other than as specified above. You may not rent, lease, grant a security interest in, or otherwise transfer rights to the PROGRAM(S). You may not remove any proprietary notices or labels on the Original PROGRAM(S) "FINISHED PRODUCTS". You must maintain all copyright notices on all copies of the PROGRAM(S) "FINISHED PRODUCTS".
TITLE: Title, ownership rights, and intellectual property rights in the PROGRAM(S) shall remain in LICENSOR. The PROGRAM(S) is protected by the copyright laws and treaties of the United States.
TERMINATION: The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the PROGRAM(S) and Documentation.
EXPORT CONTROLS: None of the PROGRAM(S) or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading, installing, or using the PROGRAM(S), you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIER(S) OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT HANDS HIGH SOFTWARE RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.HIGH RISK ACTIVITIES. The PROGRAM(S) 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, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). LICENSOR and its SUPPLIER(S) specifically disclaim any express or implied warranty of fitness for High Risk Activities.
MISCELLANEOUS: If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to LICENSOR 's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement.
APPLICABLE LAW: This agreement will be governed in all respects by the laws of the State of Pennsylvania, U.S.A., without reference to its laws relating to conflicts of law. Venue for all disputes arising under this agreement shall lie exclusively in the Superior Courts of the State of Pennsylvania in Chester County and each party agrees not to contest the personal jurisdiction of these courts.
ADRESSES: First Choice Software LLC, Willowbrook Office Complex, P.O. Box 1657, West Chester, PA 19380 USA