Epicenter Server 7.0.426


EULA - End User License Agreement



LICENSE AGREEMENT FOR EPICENTER SERVER
Last updated July 14, 2009

By downloading this software to make and utilize copies of Epicenter Server (Software), Licensee agrees to be and is hereby bound by the terms of this License Agreement (Agreement). If Licensee does not agree to the terms of this Agreement, Licensee must promptly destroy all copies of the Software and accompanying documentation (Documentation) and obtain a full refund of any fees paid from Connected Software Inc.
I. GRANT OF LICENSE:
Connected Software Inc. (CSI) hereby grants to Licensee a non-exclusive license to use the Software and Documentation subject to the following terms:
Licensee may:
(i) use the Software on any single computer; (ii) copy the Software for back-up, archival purposes provided any copy must contain all of the original Softwares proprietary notices. (iii) send updates to users up to the number of licenses purchased. (iv) install the Epicenter client software on licensed users machines, as necessary.

Licensee may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse, engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; or (v) remove any proprietary notices or labels on the Software or Documentation.
II. TITLE:
Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in CSI and/or its suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software including the content contained in the Software media demonstration files is the property of the applicable content owner and may be protected by applicable copyright or other law. This license gives Licensee no rights to such content.
III. LIMITED WARRANTY:
CSI warrants that for a period of ninety (90) days from the date of acquisition the Software if operated as directed will substantially achieve the functionality described in the Documentation. CSI does not warrant however that Licensees use of the Software will be uninterrupted or that the operation of the Software will be error-free. NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CSI AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. If any modifications are made to the Software by Licensee during the warranty period; or if Licensee violates the terms of this license, this warranty shall immediately terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or Software other than the unmodified version of hardware and Software with which the Software was designed to be used as described in the Documentation. THIS LIMITED WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY HAVE OTHERS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
IV. CUSTOMER REMEDIES:
CSIs sole liability for any breach of this warranty shall be in CSIs sole discretion (i) to advise Licensee how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (ii) if the above remedy is impracticable to refund the license fee, if any, Licensee paid for the Software.
Repaired, corrected or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software or if longer for thirty (30) days after the date CSI either shipped to Licensee the repaired or replaced Software or advised Licensee as to how to operate the Software so as to achieve the functionality described in the Documentation whichever is applicable. Only if Licensee informs CSI of the problem with the Software during the applicable warranty period and provides evidence of the date Licensee acquired the Software will CSI be obligated to honor this warranty.
V. LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WHETHER IN TORT CONTRACT OR OTHERWISE SHALL CSI OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALLOTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF CSI SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL CSIS LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO CSI FOR THE SOFTWARE AND DOCUMENTATION. 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.
VI. TERMINATION:
This license shall terminate automatically if Licensee fails to comply with the limitations described in this license. No notice shall be required from CSI to effectuate such termination. On termination Licensee must destroy all copies of the Software and Documentation.
VII. GOVERNING LAW:
This License Agreement shall be governed by the laws of the State of Massachusetts without regard to conflicts of law provisions and Recipient consents to the exclusive jurisdiction of the state and federal courts sitting in the State of Massachusetts. This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
VIII. ENTIRE AGREEMENT:
This agreement constitutes the complete and exclusive agreement between CSI and Licensee with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This agreement may not be modified except in a writing duly signed by an authorized representative of CSI and Licensee.



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Downloads: 421
Updated At: 2024-03-20
Publisher: Connected Software, Inc.
Operating System: windows
License Type: Free Trial