» version 1.0 - posted on 2005-12-04
EULA - End User License Agreement
END USER LICENSE AGREEMENT
This end user license agreement ("Agreement") is a legal agreement between you (either on behalf of yourself as an individual or on behalf of an entity as its authorized representative) and L2-Soft ("L2-Soft"). Please read this agreement carefully and print out a copy for your records.
By clicking the agreement button below and installing, copying or otherwise using L2-Softs software you agree to be bound by all of the terms of this agreement. If you do not agree to the terms of this agreement, click on the "cancel" button and/or do not download, install, copy or otherwise use the software.
1. SOFTWARE: As used in this Agreement, the term "Software" refers to the L2-Soft software which you have selected to download. The term "Software" also shall include any upgrades, modified versions or updates of the Software made available to you by L2-Soft. The Software is deemed accepted by you upon download of the Software.
2. GRANT OF LICENSE: Subject to the terms of this Agreement, L2-Soft hereby grants you a perpetual, non-exclusive, non-transferable license to: (i) install the Software, (ii) use the Software for your internal use, and (iii) copy the Software for back-up or archival purposes. Notwithstanding the foregoing, you acknowledge and agree that, depending on the version (evaluation or fully licensed) of Software you select to download, certain restrictions may apply to your use of the Software, as follows:
2.1 EVALUATION VERSIONS: If you select to download a free evaluation version of the Software, you will be able to access the Special Features of the Software but you will be limited to log a predefined number of data. In the event that you pay the applicable license fee for the Software, your ability to access the Special Features of the Software on the number of computers for which you have paid the applicable license fee will continue perpetually, subject to the terms of this Agreement.
2.2 FULLY LICENSED VERSIONS: If you select to download a fully licensed version of the Software and pay the applicable license fee, your ability to access the Special Features of the Software on the number of computers for which you have paid the applicable license fee will continue perpetually, subject to the terms of this Agreement.
3. LICENSE RESTRICTIONS: You acknowledge that the foregoing license extends only to your use of the features and functionality of the Software as described in the online documentation accompanying the version of the Software downloaded by you (the "Documentation"), and you agree not to reconfigure or modify the Software in order to enable features or functionality different than those described in such Documentation or available in other L2-Soft products without notifying L2-Soft and paying the applicable Software upgrade fee. You may not: (i) reverse engineer, decompile, or disassemble the Software; (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. Any use in violation of this Section shall immediately terminate your license to the Software.
4. LICENSE KEYS: You acknowledge that the Software contains a license key. If you select to download an evaluation or fully licensed version of the Software, and choose to pay the applicable license fee for the Software, L2-Soft will provide you an initial license key for installation with the Software which will enable you to use the Software (including Special Features). You agree not to purchase any license keys or similar computer code for the Software from any source other than L2-Soft. You agree not to use any software to create any license key or similar computer code for the Software.
5. TITLE: You agree that no title to the intellectual property in the Software or license keys is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software and license keys shall remain in L2-Soft. The Software and license keys are protected by intellectual property laws of the United States and other countries and by international treaties.
6. NO WARRANTY:
6.1 GENERAL: The Software is provided to you at minimal charge. L2-Soft does not guarantee that use of the Software will be uninterrupted or error-free. You acknowledge that performance of the Software may be affected by any number of factors, including without limitation, technical failure of the Software, the acts or omissions of third parties and other causes reasonably beyond the control of L2-Soft. Certain features of the Software may not be forward-compatible with future versions of the Software and use of such features with future versions of the Software may require purchase of the applicable future version of the Software.
6.2 AS IS SALE: You agree that L2-Soft have made no express warranties, oral or written, to you regarding the Software and that the Software is being provided to you "as is" without warranty of any kind. You acknowledge that the entire risk as to the quality and performance of the Software is with you. Should the software prove defective, you (and not L2-Soft, the retailer, or any distributor) assume the entire cost of all necessary repair.
6.3 DISCLAIMER: L2-Soft disclaims any and all other warranties, whether express, implied, or statutory, including, but without limitation, (i) the implied warranties of noninfringement of third party rights, merchantability or fitness for a particular purpose; (ii) that the Software will avert or prevent all occurrences (or the consequences therefrom) that the software is designed to detect and/or prevent. This warranty disclaimer affects your legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.
7. LIMITATION OF LIABILITY: In no event shall L2-Soft or its licensors be liable to you or any third party for any consequential, special, incidental or indirect damages of any kind arising out of or relating to the Software or the use thereof (including but not limited to damages or costs incurred as a result of loss of time, loss of data, loss of profits or revenue, or loss of use of the software or other economic loss), regardless of the form of action, whether in contract, tort, negligence, or otherwise, even if L2-Soft has been advised of the possibility of such damages. Except as expressly required by applicable law, in no event will L2-Softs liability for any claim, whether for breach of contract or warranty, negligence or otherwise, exceed the fee paid by you for the Software that is the subject of such claim. If the relevant Software was provided to you at no charge you agree that L2-Soft shall not be liable to you for any damages. You agree that you are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the Software. You further agree that L2-Soft will not be liable for any damages that you may suffer in connection with (i) downloading, installing, or using the Software or (ii) failure in the performance of the Software. The limitations in this section are comprehensive and all examples are illustrative and not exhaustive. The limitations in this section are separate and independent of any other remedy limitations in this agreement and shall not fail if such other limitation on remedy fails. The fees and other provisions in this agreement reflect the allocation of risks between the parties. This section is an essential element of the basis of the bargain between the parties. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
8. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the terms of this Agreement. No notice shall be required from L2-Soft to effect such termination. You may also terminate this Agreement at any time by notifying L2-Soft in writing of termination. Upon any termination of this Agreement, you must uninstall and destroy all copies of the Software.
9. RESERVATION OF RIGHTS: All rights not expressly granted in this Agreement are reserved by L2-Soft.
©2005 L2-Soft. All rights reserved. All trademarks and/or service marks of L2-Soft used in connection with the Software (including but not limited to L2-Soft and the L2-Soft logo) are trademarks and registered trademarks of L2-Soft in the United States and other countries.