» version 1.0 - posted on 2009-08-01
EULA - End User License Agreement
END-USER LICENSE AGREEMENT, DISCLAIMER, AND LIMITATION OF LIABILITY FOR IR POWER
IMPORTANT-READ CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE: THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL)(, HEREAFTER REFERRED TO AS "YOU" OR "LICENSEE") AND INNOVATIVE LOGICS. ("INNOVATIVE LOGICS" OR "LICENSOR") FOR THE SOFTWARE IDENTIFIED ABOVE, WHICH INCLUDES COMPUTER PROGRAMMING CODE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND "ONLINE" OR ELECTRONIC DOCUMENTATION ("SOFTWARE"). BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, THEN DO NOT INSTALL, COPY, DISTRIBUTE, OR OTHERWISE USE THIS SOFTWARE PRODUCT.
1. GRANT OF NON-EXCLUSIVE, LIMITED LICENSE
The Software is licensed, not sold. Any rights not clearly and expressly granted to you under this EULA are reserved to the Authors. Provided you have paid all applicable fees and complied with this EULA, then you are granted the following personal/corporate, non-exclusive, non-transferable, limited rights:
a. If you have acquired a personal license, you may use the Software on a single computer for personal or educational purposes for each personal license you have acquired; or copy the Software for archival and disaster recovery purposes, provided any copy must contain all of the original Software's proprietary notices. Each user using the Software must own a license.
b. If you have acquired a corporate license, you may use the Software for each single user license you have acquired; use the Software on a network, provided that each user accessing the Software through the network have a license of the software; or copy the Software for archival and disaster recovery purposes, provided any copy must contain all of the original Software's proprietary notices. Each user using the Software must own a license. You may install and use the software on computers on a physical location (a building, or a set of buildings within 10 km of each other, that are utilized by you)
The Software and documentation is copyrighted by the Authors. All Rights Reserved. Making unauthorized copies is prohibited by law. No part of the software or documentation may be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any human or computer language without prior written permission.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
You may not do the following: (i) reverse engineer, decompile, translate, disassemble, or otherwise attempt to derive source code from the Software, or authorize any third party to do any of the foregoing. (ii) modify, or create derivative works based upon the Software, in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer. INNOVATIVE LOGICS reserves any rights in the Software not expressly granted to you in this EULA.
4. LIMITED WARRANTY AND DISCLAIMER OF WARRANTY
THIS SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, INNOVATIVE LOGICS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU.
IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE YOU, AND NOT
INNOVATIVE LOGICS OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT IS MADE BY INNOVATIVE LOGICS, ON THIS INNOVATIVE LOGICS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INNOVATIVE LOGICS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
NEITHER INNOVATIVE LOGICS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, HARDWARE DAMAGE, MOTHERBOARD DAMAGE, EQUIPMENT DAMAGE, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF INNOVATIVE LOGICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The license will terminate automatically if you fail to comply with the terms, conditions, or limitations contained in this EULA, including the payment of applicable license or other fees. On termination, you shall, at Authors' option, either return or destroy all copies of the Software and documentation. Otherwise, this EULA shall remain in force until terminated. You may terminate this EULA at any time by destroying all copies of the Software, deleting any copies of the Software from your hard drives, ceasing all use of the Software and documentation; and providing satisfactory proof to the Authors that you have done so. The disclaimer of warranty and limitations on liability contained in Section 3 and 4 shall continue in force even after your rights to use the Software are terminated.