» version 2.1 - posted on 2005-12-01
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EULA - End User License Agreement
BOCA Software Technologies, Inc.
END-USER LICENSE AGREEMENT (EULA)
FOR TaskPilot© SOFTWARE
IMPORTANT-READ CAREFULLY: This BOCA Software End-User License Agreement ("EULA") is a legal agreement between Licensee either an individual or a single entity (Licensee) and BOCA Software Technologies, Inc.. (BOCA Software) for the BOCA Software software identified above, which includes computer software components and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, Licensee agrees to be bound by the terms of this EULA. If Licensee does not agree to the terms of this EULA, then installation or use of the SOFTWARE is not permitted.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants Licensee the following rights:
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, De-compilation, and Disassembly. Licensee may not reverse engineer, de-compile, or disassemble the SOFTWARE, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity.
Separation of Components. The component parts of the SOFTWARE may not be separated for use on more than one computer.
Rental. Licensee may not rent, lease, or lend the SOFTWARE.
Support Services. BOCA Software may provide Licensee with support services related to the SOFTWARE ("Support Services"). Use of Support Services is governed by the BOCA Software polices and programs described in the user manual, in "online" documentation, and/or in other BOCA Software-provided materials. Any supplemental software code provided to Licensee as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information Licensee provides to BOCA Software as part of the Support Services, BOCA Software may use such information for its business purposes, including for product support and development. BOCA Software will not utilize such technical information in a form that personally identifies Licensee.
Software Transfer. Licensee may permanently transfer all of Licensee rights under this EULA, provided Licensee retain no copies, Licensee transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE. Notification of transfer must be done in writing to BOCA Software and must include all SOFTWARE identification information.
Termination. Without prejudice to any other rights, BOCA Software may terminate this EULA if Licensee fails to comply with the terms and conditions of this EULA. In such event, Licensee must destroy all copies of the SOFTWARE and all of its component parts.
3. UPGRADES. If the SOFTWARE is labeled as an upgrade, Licensee must be properly licensed to use software identified by BOCA Software as being eligible for the upgrade in order to use the SOFTWARE. SOFTWARE labeled as an upgrade replaces and/or supplements the software that formed the basis for Licensees eligibility for the upgrade. Licensee may use the resulting upgraded software only in accordance with the terms of this EULA. If the SOFTWARE is an upgrade of a component of a package of software programs that Licensee licensed as a single product, the SOFTWARE may be used and transferred only as part of that single product package and may not be separated for use by no more than one user.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and BOCA Software or its suppliers own any copies of the SOFTWARE. Copyright laws and international treaty provisions protect the SOFTWARE. Therefore, Licensee must treat the SOFTWARE like any other copyrighted material except that Licensee may install the SOFTWARE on a single computer provided Licensee keep the original solely for backup or archival purposes. Licensee may not copy the printed materials accompanying the SOFTWARE.
5. INDIVIDUAL LICENSE. Licensee may receive the SOFTWARE in more than one medium. Regardless of the type or size of medium received, Licensee may use only one medium that is appropriate for Licensees single computer. Licensee may not use or install the other medium on more than 2 computers. FAIR USE constitutes use of this SOFTWARE, licensed to an individual developer, on no more than 2 computers at any one time (for example desktop and laptop). Both computers must be owned by or assigned to the Licensee. Installation and or use of this SOFTWARE on more than two computers, at any given time, is unauthorized and is violation of EULA. As computers are replaced the SOFTWARE can be installed on replacement computer as long as it is installed on no more than 2 computers. SOFTWARE should be removed from the computer that is being replaced, or otherwise destroyed. Licensee 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 SOFTWARE.
7. SITE LICENSE. A Site license allows usage of this program on multiple computers by multiple users within the limitations of a single companys site location. A site location is defined by the physical location of the purchasing site and other company locations within a 100-mile radius. This limitation is further enforced by the requirement that all developers share an email domain (i.e. john@BOCA Software.com, mary@BOCA Software.com). Multiple developers may request support as long as all share the email domain of the original Site license purchaser.
8. ENTERPRISE LICENSE. An Enterprise license allows usage of this program on multiple computers by multiple users within the limitations of a single companys Enterprise facility or facilities. The Enterprise license is valid only for 1 (one) organization/company/firm, but without user limitation. The end-user is Licensee. Use of the SOFTWARE can be in an Intranet/Extranet or over the Internet with non-anonymous users, e.g. authenticated, closed user groups. The Enterprise license permits an unlimited number of users to use the SOFTWARE from any personal computer within the Enterprise facilities, including those attached to a Local Area Network on the Enterprise site; to use the SOFTWARE from personal computers connected to the Enterprise site through a Wide Area Network and/or by any form of remote or telecommunication access. This limitation is further enforced by the requirement that all developers share an email domain (i.e. john@BOCA Software.com, mary@BOCA Software.com). Multiple developers may request support as long as all share the email domain of the original Enterprise license purchaser. Such designate shall include, without limitation, any and all users of the SOFTWARE who are part-time or full- time employees, or any contractors to Licensee and/or contractors part-time or full-time employees.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is BOCA Software, Inc./121 Salamander Dr./ Garner, NC 27529.
10. EXPORT RESTRICTIONS. Licensee acknowledges that the SOFTWARE and documentation licensed hereunder are subject to the export control laws and regulations of the U.S.A., and any amendments thereof. Licensee confirms that with respect to the SOFTWARE and Documentation, Licensee will not export or re-export them, directly or indirectly, to any country that is subject to U.S.A. export restrictions. Licensee further acknowledges that the SOFTWARE may include technical data subject to export and re-export restrictions imposed by U.S.A. law.
11.DISTRIBUTION OF UNLOCK CODES. Registration/Unlock codes must not be distributed to any person, organization, newsgroup etc except the purchaser of the product. In the case of Site or Enterprise license, only those users currently working at purchasing Site or Enterprise location may receive distribution. It is a violation of this EULA agreement to distribute Registration/Unlock codes and will result in termination of EULA and deactivation of key if it is determined that Unlock codes were willfully distributed.
12. INVALID OR ILLEGALLY OBTAINED UNLOCK CODES. Only unlock codes purchased via BOCA Software or approved reseller may be used to unlock this software. Unlock codes obtained via other means constitute violation of the EULA and may result in termination of all EULA agreements with BOCA Software.
13. ABUSE OF SINGLE DEVELOP LICENSE BY MULTIPLE INSTALLATIONS - it is a violation of EULA for more than one user to install and use software licensed to a single developer. Such use constitutes a violation of EULA and requires the purchase of additional licenses up to and including all unauthorized users.
If Licensee acquired this SOFTWARE in the United States, the laws of the State of Massachusetts govern this EULA.
If Licensee acquired this SOFTWARE in Canada, then the laws of the Province of Ontario, Canada govern this EULA. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation, which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.
If this SOFTWARE was acquired outside the United States, then local law may apply.
Should Licensee have any questions concerning this EULA, or if Licensee desires to contact BOCA Software for any reason, please contact the BOCA Software subsidiary serving Licensee country, or write: BOCA Software, Inc./121 Salamander Dr./Garner, NC 27529.
NO WARRANTIES. BOCA Software expressly disclaims any warranty for the SOFTWARE. The SOFTWARE and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or no infringement. The entire risk arising out of use or performance of the SOFTWARE remains with Licensee.
NO LIABILITY FOR DAMAGES. In no event shall BOCA Software or its suppliers be liable for any 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 this BOCA Software SOFTWARE, even if BOCA Software has been
advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Licensee.