END-USER
LICENSE AGREEMENT FOR ELLIPTEC SOFTWARE
IMPORTANT-READ CAREFULLY. This End-User License
Agreement (“EULA”) is a legal AGREEMENT between you (either as a registered
individual user or as the registered user/representative and on behalf of a
single entity) and the company for the product identified above, which product
includes computer software and may include associated media, printed materials,
and “online” or electronic documentation. By installing, copying, or otherwise
using the ELLIPTEC software, you agree to be bound by the terms of this EULA. If
you do not agree to the terms of this EULA, then DO NOT install or use the ELLIPTEC
software; in such event the original purchaser may, however, return it to the
place of purchase within thirty days of the date of original purchase for a
full refund.
ELLIPTEC
SOFTWARE LICENSE
The ELLIPTEC SOFTWARE is protected by copyright laws
and international copyright treaties, as well as other intellectual property
laws and treaties. The ELLIPTED SOFTWARE is licensed free of charge for use
with any and all supported ELLIPTEC hardware, or the development of end
applications thereof, and not sold.
1) GRANT OF
LICENSE. This EULA grants you, the registered user the
following rights:
· Applications Software. The ELLIPTEC SOFTWARE
may be used only by you. You may install
and use multiple copies of the ELLIPTEC SOFTWARE, or any prior version thereof
for the supported operating systems, on more than one computer.
· Redistributable File(s). Notwithstanding the terms of this EULA to the
contrary, certain parts of the executable files of the ELLIPTEC SOFTWARE may be
redistributed by you to the extent required for the permitted operation of the
application(s) software installation code created by you while using the ELLIPTEC
SOFTWARE hereunder. The specific
redistributable file(s) are limited to those specifically identified as
“Redistributables” in the media, printed materials, and “online” or electronic
documentation accompanying the particular embodiment of the ELLIPTEC SOFTWARE.
To determine whether a particular file(s) are redistributable, please contact
Technical Support.
· Storage/Network Use. You may also store or
install a copy of the ELLIPTEC SOFTWARE on a storage device, such as a network
server, used only to install or run the ELLIPTEC SOFTWARE on your other
computers over an internal network.
2) DESCRIPTION
OF OTHER RIGHTS AND LIMITATIONS.
· Limitations on Reverse Engineering, Decompilation,
and Disassembly.
You may not modify, reverse engineer, decompile, or disassemble the ELLIPTEC SOFWTARE,
except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation of components, and after obtaining
relevant permissions from the company, including notification of the intended
application and final state of the ELLIPTEC SOFTWARE. The ELLIPTEC
SOFTWARE is licensed as a single product. Its component parts may not be
separated for use, except those identified as redistributables
and used in a manner to distribute an end application.
· Rental. You may not rent or lease the ELLIPTEC
SOFTWARE to any party.
· Software Transfer. You may permanently
and wholly transfer all of your rights under this EULA, provided you the
recipient first agrees to abide by all of the terms of
this EULA. If the ELLIPTEC SOFWTARE is an upgrade, any transfer must include
any and all prior rights therein.
· Support Services. The company may
provide you with support services related to the ELLIPTEC SOFTWARE (“Support
Services”). The provision and use of Support Services is governed by the
policies and programs described in the ELLIPTEC SOFTWARE user manual and/or in
“online” documentation. Any supplemental software code provided to you as part
of the Support Services shall be considered part of the ELLIPTEC SOFTWARE and
subject to the terms and conditions of this EULA. With respect to technical
information you provide to the company as part of the Support Services, the
company may use such information for its business purposes, including for
product updates and development. The company will use its best efforts to not
utilize such technical information in a form that personally identifies you.
· Termination. Without prejudice to
any of the companies other rights, the company may
terminate this EULA if you fail to comply with the terms and conditions of this
EULA. In such event, you must destroy any and all copies of the ELLIPTEC
SOFTWARE and all of its component parts; to this end you grant to the company
the right to, with or without notice, monitor your Internet accessible activities
for the purpose of verifying ELLIPTEC SOFTWARE performance and/or your
compliance with the terms hereof, including, but not limited to the remote
monitoring and verification of your implementation, use and duplication of the ELLIPTEC
SOFTWARE.
3) UPGRADES.
· If the ELLIPTEC SOFTWARE is labeled or otherwise identified by the
company as an “upgrade”, you must be properly licensed to use a product
identified by the company as being eligible for the upgrade in order to use the
ELLIPTEC SOFTWARE. A version of ELLIPTEC SOFTWARE, labeled or otherwise
identified by the company as an upgrade, replaces and/or supplements the
product that formed the basis for your eligibility for such upgrade. You may
use the resulting upgraded product only in accordance with the terms of this
EULA. If the version of ELLIPTEC SOFTWARE is an upgrade of a component of a
package of software programs that you licensed as a single product, the ELLIPTEC
SOFTWARE may be used and transferred only as part of that single product
package.
4) COPYRIGHT AND TRADEMARKS.
· All title, trademarks and copyrights in and pertaining to the ELLIPTEC
SOFTWARE (including but not limited to any images, photographs, animation,
video, audio, music, text, and applets incorporated into the ELLIPTEC
SOFTWARE), the accompanying, printed materials and any copies of the ELLIPTEC
SOFTWARE are owned by the company or its affiliated companies. The ELLIPTEC
SOFTWARE is protected by copyright and trademark laws and international treaty
provisions. You must treat the ELLIPTEC SOFTWARE like any other copyrighted
material for archival purposes, and you may not copy the printed materials
accompanying the ELLIPTEC SOFTWARE other than for the use by you.
· You may not remove, modify or alter any company copyright or trademark
notice from any part of the ELLIPTEC SOFTWARE, including but not limited to any
such notices contained in the physical and/or electronic media or
documentation, in the Setup Wizard dialogue or ‘about’ boxes, in any of the
runtime resources and/or in any web-presence or web-enabled notices, code or
other embodiments originally contained in or dynamically or otherwise created
by the ELLIPTEC SOFTWARE.
5) DUAL-MEDIA
SOFTWARE. You may receive the ELLIPTEC SOFTWARE in more than
one medium. Regardless of the type or size of the medium you receive, you may
not loan, rent, lease, or otherwise transfer the other medium to another user,
except as part of the permanent transfer (as provided above) of the ELLIPTEC
SOFTWARE.
6) LIMITED
WARRANTY
· Limited Warranty. The company warrants
that (a) the ELLIPTEC SOFTWARE will, for a period of ninety (90) days from the
date of your receipt, perform substantially in accordance with the written
materials accompanying it, (b) any Support Services provided by the company
shall be substantially as described in applicable written materials provided to
you by the company, and (c) Company support engineers will make commercially
reasonable efforts to solve any problem issues with the ELLIPTEC SOFTWARE. To
the extent that implied warranties on the ELLIPTEC SOFTWARE are disclaimable, they are disclaimed herein below. Some countries do not allow disclaimers of or
limitations on the duration of an implied warranty, so the above limitation may
not apply to you. To the extent implied warranties may not be entirely
disclaimed but implied warranty limitations are allowed by applicable law,
implied warranties on the ELLIPTEC SOFTWARE, if any, are
limited to ninety (90) days.
· Customer Remedies. The company and its
suppliers’ entire liability and your exclusive remedy shall be, at the companies option, either (a) return of the price paid by
you for the accompanying ELLIPTEC hardware (not to exceed the retail price) if
any, or (b) repair or replacement of the component(s) of the ELLIPTEC SOFTWARE
that do(es) not meet the
companies Warranty and which is returned to the company with a copy of your purchase
receipt. This Limited Warranty is void if failure of the ELLIPTEC SOFTWARE has
resulted from accident, abuse, or misapplication. Any replacement ELLIPTEC
SOFTWARE will be warranted for the remainder of the original warranty period or
thirty (30) days, whichever is longer. Outside of the United Kingdom, neither
of these remedies nor any product support services offered by the company are
available without proof of purchase from an authorized international source.
· No Other Warranties. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE COMPANY 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 ELLIPTEC SOFTWARE 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 TO STATE/JURISDICTION.
7) LIMITATION
OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY 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 ELLIPTEC SOFTWARE OR THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF THE COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.