End User License Agreement
This License Agreement is a legal agreement between you ("LICENSEE") (either an individual or a single entity) and Mikhail N. Kupchik ("PRIMEEXPERT") for the software product EBCD 1.x which includes computer software and electronic documentation (collectively the "SOFTWARE"). Read it carefully before using the SOFTWARE. If you did not obtain this copy of the SOFTWARE legally, please destroy the copy immediately.
By burning to CD/DVD disc, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this License Agreement.
If you do not agree to the terms of this License Agreement, PRIMEEXPERT is unwilling to license the SOFTWARE. In such event, you may not burn to CD/DVD disc, copy or otherwise use the SOFTWARE. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Versions of the SOFTWARE
The SOFTWARE is available in two versions: (a) the Demo Version and (b) the Full Featured Version. Each of the above versions of the SOFTWARE is subject to the terms and conditions of this Agreement and may be used only in accordance with the terms and conditions of this Agreement.
1. Grant of License (general terms)
PRIMEEXPERT grants you the following rights provided you comply with all terms and conditions of this EULA:
(a) Use. You may use the Software Product on one or more computers. You may not separate component parts of the Software Product for use on more than one computer. You do not have the right to distribute the Software Product. You may load the Software Product into Your Computer's temporary memory (RAM) for purposes of using the Software Product.
(b) Storage. You may copy the Software Product into the local memory or storage device of the PRIMEEXPERT Product.
(c) Copying. You may make archival or back-up copies of the Software Product, provided the copy contains all of the original Software Product's proprietary notices and that it is used only for back-up purposes.
(d) Reservation of Rights. PRIMEEXPERT and its suppliers reserve all rights not expressly granted to you in this EULA.
2. Grant of License
(a) Demo Version
If you have licensed the Demo Version of the SOFTWARE, subject to the terms and conditions of this Agreement, PRIMEEXPERT grants you, LICENSEE, a limited, non-exclusive, non-sublicenseable license to burn to CD/DVD disc one (1) copy of the Demo Version of the SOFTWARE and use it on one or more physical workstation(s) or server(s) by one (1) person. You muse use Demo Version of the SOFTWARE only in accordance with this Agreement solely for internal evaluation use of the SOFTWARE. The Demo Version of the SOFTWARE may not be used for any commercial development or for any deployment or ultimate production purposes.
(b) Full Featured Version
If you have purchased a license for the Full Featured Version of the SOFTWARE, subject to the terms and conditions of this Agreement, PRIMEEXPERT grants you, LICENSEE, a limited, non-exclusive, non-sublicenseable right to burn one or more copies of Full Featured Version of the SOFTWARE to CD/DVD disc(s), and use it on one or more physical workstation(s) or server(s) by one (1) person. Single copy of Full Featured Version of the SOFTWARE must not be used at two or more physical workstation(s) or server(s) the same time.
LICENSEE may use that copy (copies) of the SOFTWARE only in binary object code form and only in accordance with this Agreement.
LICENSEE may make one or more copies of the SOFTWARE solely for backup or archival purposes, provided that LICENSEE reproduces and includes all copyright and other proprietary notice(s) on the copy.
3. UpgradesTo use a Software Product identified as an upgrade, you must first be licensed for the original Software Product identified by PRIMEEXPERT as eligible for the upgrade.
(a) Third Party. The initial user of the Software Product may make a one-time transfer of the Software Product to another end user. Any transfer must include all component parts, media, printed materials, this EULA. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred product must agree to all the EULA terms. Upon transfer of the Software Product, your license is automatically terminated.
(b) Restrictions. You may not rent, lease or lend the Software Product or use the Software Product for commercial timesharing or bureau use. You may not sublicense, assign or transfer the license or Software Product except as expressly provided in this EULA.
5. Proprietary Rights
All intellectual property rights in the Software Product and user documentation are owned by PRIMEEXPERT or its suppliers and are protected by law, including but not limited to international copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. You shall not remove any product identification, copyright notices or proprietary restrictions from the Software Product.
LICENSEE may not:
(i) Decompile, reverse engineer, disassemble or otherwise reduce the SOFTWARE to a human perceivable form.
(ii) Rent, lease, lend, transfer or otherwise transfer rights to the SOFTWARE.
(iii) Translate, adapt, modify the SOFTWARE or create derivative works based upon the SOFTWARE or any part thereof.
(iv) Distribute copies of the SOFTWARE.
(v) Electronically transfer the SOFTWARE over a network, a telephone circuit or the Internet.
(vi) Remove any proprietary notices or labels on the SOFTWARE.
(vii) Use the SOFTWARE to encode, reproduce or copy any material or intellectual property you do not have the right to encode, reproduce or copy.
This License Agreement is effective until terminated. PRIMEEXPERT may terminate this License Agreement if LICENSEE fails to comply with the terms and conditions of this License Agreement. In such event, LICENSEE must destroy all copies of the SOFTWARE and all of its component parts. All provisions relating the ownership, disclaimer of warranties, limitation of liability and the general provisions shall survive the termination of this License Agreement.
The SOFTWARE is licensed, NOT sold. The foregoing License Agreement gives LICENSEE limited rights to use the SOFTWARE. All rights, title and interest, including all copyrights, in and to the SOFTWARE and any copies LICENSEE is permitted to make herein are exclusively owned by PRIMEEXPERT and/or its suppliers and are protected by copyright, trademark and trade secret law and international treaties. PRIMEEXPERT retains all rights not expressly granted to LICENSEE in this License Agreement.
9. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIMEEXPERT PROVIDE THE SOFTWARE PRODUCT AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON- INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety.
10. Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of PRIMEEXPERT and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to U.S. $5.00.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRIMEEXPERT AND BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WATHSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR CAUSED BY THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF PRIMEEXPERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11. No other warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MANUFACTURER AND ITS SUPPLIERS DISCLAIM WITH RESPECT TO THE SOFTWARE ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT SERVICES REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
12. Capacity and authority to contract
You represent that you are of the legal age of majority in your state of residence and, if applicable, you are duly authorized by your employer to enter into this contract.
13. Entire Agreement
This License Agreement constitutes the entire agreement between LICENSEE and PRIMEEXPERT and supersedes any other prior agreements or understandings, whether oral or written, regarding the SOFTWARE. If a provision of this agreement is deemed null and void, invalid or without effect, the remainder of this agreement shall remain in effect.