» version 4.0 - posted on 2010-06-12
EULA - End User License Agreement
NOTICE TO USERS: As used in this Agreement, the terms "you", "your" or "user"
are synonymous, and refer to a user of the Software.
DO NOT USE THE SOFTWARE UNTIL YOU HAVE READ THE FOLLOWING LEGAL AGREEMENT
WHICH PROVIDES THE TERMS AND CONDITIONS FOR ITS USE. IF YOU DO NOT AGREE TO
THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE.
INSTALLING THE SOFTWARE INDICATES THAT YOU HAVE READ, UNDERSTAND AND ACCEPT
LICENSE GRANT AND PERMITTED USES AND RESTRICTIONS ON USE
You are granted a personal, non-exclusive license to use one copy of the
Software and any subsequent upgrade thereof only on a single computer and
a single terminal. You may make one archival or backup copy of the Software
for your own use. However, because the Software is protected by the
copyright laws, it is illegal: to make additional copies or otherwise
duplicate or permit the duplication of the Software by any other means
(including electronic transmission); to give copies to another person;
or, to modify, adapt, translate, rent, sublicense, loan, resell for
profit, distribute, create derivative works based upon or network the
Software or any part thereof. This license is not transferable to any other
hardware product or other company, entity, or individual. The Software also
contains Data Designs trade secrets, and you may not decompile or otherwise
reverse engineer the Software.
Data Designs may at it''s sole option and discretion permit the use of
this software on up to three (3) individual computers, with the
understanding that all other provisions of this Agreement remain in effect.
You may not use the Software to prepare data files, printed or electronic
images, reports or labels, schedules or worksheets of any kind for
redistribution weather for a fee or not. Notwithstanding anything in this
Agreement, Data Designs has no responsibility or liability for damages or
claims relating to any use of the Software on a personal or professional
Data Designs owns the Software and all associated patents, copyrights, trade
secrets, and other proprietary rights in the software. No title or ownership
in the Software or any of the associated proprietary rights are transferred
You agree that the Software will not be shipped, transferred or exported into
any country or used in any manner prohibited by the United States Export
Administration Act or any other export laws, restrictions or regulations.
U.S. GOVERNMENT INFORMATION.
Use, duplication, or disclosure by the U.S. Government of the computer
software and documentation in this package shall be subject to restrictions
as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.277-7013 (Oct 1988) and FAR 52.227-19
(Jun 1987). The Contractor is Data Designs, PO Box 307, Aripeka, FL 34679 USA.
Data Designs warrants that the Software, when properly used, will perform
substantially in accordance with the accompanying documentation, and the
Software media will be free from defects in materials and workmanship, for
a period of thirty (30) days from the date of receipt. Any implied
warranties on the Software are limited to sixty (60) days. Some
states/jurisdictions do not allow limitations on duration of an implied
warranty, so the above limitation may not apply to you.
Data Designs''s entire liability and your exclusive remedy shall be, at
Data Designs''s option, either (a) return of the price paid, or (b) repair
or replacement of the Software that does not meet Data Designs''s Limited
Warranty and which is returned to Data Designs with a copy of your receipt.
DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED DATA DESIGNS AND OBTAINED
AUTHORIZATION. This Limited Warranty is void if failure of the Software
has resulted from accident, abuse, or misapplication. Any replacement
Software will be warranted for the remainder of the original warranty
period or thirty (30) days, whichever is longer.
DISCLAIMER OF WARRANTIES
Except as expressly provided above, this Software is provided "as-is" and,
to the maximum extent permitted by applicable law, Data Designs disclaim
all warranties, express or implied, regarding the Software, databases,
image files, disks and related materials, including their fitness for a
particular purpose, their quality, their authenticity, their
merchantability, or their non-infringement. Data Designs does not warrant
that the Software is free from bugs, errors, or other program limitations.
Some states do not allow the exclusion of implied warranties, so the above
exclusions may not apply to you. In that event, any implied warranties are
limited in duration to 60 days from the date of purchase of the Software.
However, some states do not allow limitations on how long an implied
warranty lasts, so the above limitation may not apply to you. This
warranty gives you specific legal rights, and you may have other rights
that vary from state to state.
All warranties or guarantees given or made by Data Designs with respect to
the Software are for the benefit of the original purchaser/licensee of the
Software only and are not transferable, and shall be null and void if a
purchaser/licensee breaches any terms or conditions of this Agreement.
LIMITATION OF LIABILITY AND DAMAGES
The entire liability of Data Designs for any reason shall be limited to
the amount paid by the customer for the Software. To the maximum extent
permitted by applicable law, Data Designs is not liable for any indirect,
special, incidental, or consequential damages (including damages for loss
of business, loss of profits or investment, or the like), whether based on
breach of contract, breach of warranty, tort (including negligence),
product liability or otherwise, even if Data Designs has been advised of
the possibility of such damages and even if a remedy set forth herein is
found to have failed of its essential purpose. Some states do not allow the
limitation and/or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
The limitations of damages or liability set forth in this Agreement are
fundamental elements of the basis of the bargain between Data Designs and
you. You acknowledge and agree that Data Designs would not be able to
provide this product on an economic basis without such limitations.
This Agreement does not limit any rights that Data Designs may have under
trade secret, copyright, patent or other laws. If any provision of this
Agreement is invalid or unenforceable under applicable law, then it shall
be, to that extent, deemed omitted and the remaining provisions will
continue in full force and effect.
This agreement shall be governed by the laws of the State of Florida excluding
the application of its conflicts of law rules and shall inure to the benefit of
Data Designs and any successors, administrators, heirs and assigns. Any action
or proceeding brought by either party against the other arising out of or
related to this agreement shall be brought only in a STATE or FEDERAL COURT of
competent jurisdiction located in Pasco County, Florida. The parties hereby
consent to in personam jurisdiction of said courts. This agreement will not be
governed by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded.
All rights not expressly granted here are reserved to Data Designs.
This Agreement sets forth Data Designs''s entire liability and your exclusive
remedy with respect to the Software, and is a complete statement of the
agreement between you and Data Designs which supersedes any prior agreement or
understanding, whether written or oral, relating to the subject matter of