» version 1.1 - posted on 2007-05-11
EULA - End User License Agreement
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY
BEFORE INSTALLING OR USING THE SOFTWARE. SOFTEX+ INC. IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL (REFERENCED BELOW AS 'YOU' OR 'YOUR') FOR PERSONAL USE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SOFTEX+. BY LOADING THE SOFTWARE, OR CLICKING THE 'ACCEPT' OR 'YES' BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL THE SOFTWARE AND IMMEDIATELY DISCONTINUE ITS USE.
The software and documentation that accompanies this license (collectively the 'Software'),
and electronic images, or objects (the 'Electronic Materials') produced by the Software are the property of SofteX+,
or its licensors, and is protected by copyright law. While SofteX+ continues to own the Software,
You will have certain rights to use the Software in object code form after Your acceptance of this license.
This license governs any releases, revisions, or enhancements to the Software that SofteX+ may furnish to You.
Your rights and obligations with respect to the use of this Software are as follows.
A. install and use one copy of the Software on a single computer for private, non-commercial operation of the Software;
B. make one copy of the Software to hard drive or CD-ROM for back-up purposes, provided You affix to such copy all copyright, confidentiality, and proprietary notices that appear on the original.
You may not:
A. distribute the Software in any bulk manner, including, but not limiting to methods such as attaching one or more copies of the Software to email messages, including the Software on a compilation CD-ROM, or making the Software available for download via the Internet without express written permission;
B. distribute, exhibit, or publish Electronic Materials produced by the Software in electronic, or any other form without express written permission;
C. sell, sublicense, rent, or lease any portion of the Software or Electronic Materials;
D. remove, disable or attempt to remove or disable any digital watermarks or other proprietary notices or markings that may be included with the Software, or Electronic Materials;
E. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
F. use a previous version or copy of the Software after You have received, or downloaded an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed;
G. use the Software in any manner not authorized by this license; nor
H. use the Software in any manner that contradicts any additional restrictions set forth, below.
All patents, copyrights, trademarks, trade secrets and other intellectual property and other proprietary rights in the Software are and shall remain in SofteX+ or its licensors. The source code of the Software and all information regarding the design, structure or internal operation of the Software are valuable trade secrets of SofteX+ or its licensors ("Confidential Information"). To the extent, if any, to which you learn any Confidential Information, you shall not sell, transfer, publish, disclose, display, or otherwise permit access by any third party to, the Confidential Information. The restrictions set forth in this Paragraph do not apply to information that was publicly known prior to the time you received it, or which becomes known to you through no violation of any obligation of confidentiality on the part of you or any third party.
SERIAL OR ACTIVATION NUMBER:
The installation of this Software has a unique serial number and activation code, which is Confidential Information. Publishing this serial or activation number or disclosing it to any third party will be deemed a material breach of this License.
SofteX+ provides the Software to You "as is," without warranty of any kind, and SofteX+ specifically disclaims all warranties, expressed or implied, with respect to the Software including without limitation any implied warranties of merchantability and fitness for a particular purpose. No oral or written information or advice given by SofteX+, its dealers, distributors, agents or employees shall create a warranty, or in any way increase the scope of the warranty set forth in this Paragraph, and You may not rely on any such information or advice.
LIMITATIONS OF LIABILITY:
In no event shall SofteX+ be liable for any third party claims or any incidental, consequential or special damages arising out of the Software, or Your use, or inability to use the Software, even if SofteX+ has been advised of the possibility of such damages. In no event shall SofteX+'s liability (whether in Tort, Contract or otherwise) exceed the fee paid to SofteX+ for use of the Software.
SofteX+ may terminate the License immediately if You fail to comply with its terms and conditions.
REVISIONS AND MODIFICATIONS:
SofteX+ reserves the right to make revisions and modifications to this License so that the original intent of the license remains intact. In the event it is brought to the attention of SofteX+ that one or more of the provisions can be held invalid or interpreted other than intended, the provision(s) shall be modified to maintain the integrity of the License, and the revised License shall be posted on the website.