End user agreement for License Statistics
X-Formation End-User License Agreement
The user ("You", "Licensee" or "End User") and X-Formation ("X-Formation") agree as follows:
X-FORMATION IS PROVIDING THE LICENSED SOFTWARE FOR YOUR USE ON A NONEXCLUSIVE BASIS UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS SET FORTH BELOW. IF YOU ARE NOT WILLING TO ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE LICENSED SOFTWARE.
1. Legal Agreement. This is a legal agreement between You (the End User, either an individual or an entity) and X-Formation. By downloading and using the Licensed Software, You indicate your acceptance of this Agreement. If You do not agree to all of the terms of this Agreement, promptly return the Licensed Software and all related materials to X-Formation at the address written below. If You are accessing the Licensed Software electronically, indicate your acceptance of these terms by selecting "Yes" in response to the statement "Accept the Terms and Conditions" during the download request and/or by unzipping and using the downloaded Licensed Software. If You do not agree to all of these terms, You are not permitted to download or use the Licensed Software.
2. Grant of License. Subject to the terms and conditions of this Agreement, X-Formation grants you ("Licensee") a non-exclusive and non-transferable license as an End User, to install and use the X-Formation software and related user documentation ("Licensed Software") for personal or internal business purposes. This license does not entitle Licensee to receive from X-Formation hard-copy documentation.
3. Fees. Download of the Licensed Software requires a valid maintenance contract with X-Formation with all appropriate fees pre-paid. The Licensee is licensed to download the Licensed Software to be installed in a single location on the hard disk or other storage device of up the number of computers owned or leased by the End User for which the End User has paid a license fee ("Permitted Number of Computers"). If Licensee wishes to receive the Licensed Software on media, there may be a small charge for the media and for shipping and handling. Licensee is responsible for any and all taxes.
4. No Modification of Licensed Software. Licensee shall not modify, reverse engineer, decompile, disassemble or translate the Licensed Software or related documentation, or apply any other procedure or technology to the Licensed Software so as to determine the source listings for the Licensed Software.
5. No Assignment, Transfer or Disclosure. Licensee shall not transfer, disclose, disseminate, provide or otherwise make available all or any part of the Licensed Software or documentation to a third party without the prior written consent of X-Formation. Licensee shall not disclose the results of any benchmark tests of the Licensed Software to any third party without X-Formation's prior written approval. Neither the Licensed Software nor this Agreement may be assigned or otherwise transferred by Licensee.
6. No Right to Sublicense. Licensee shall not distribute, rent, sell, lease or sublicense all or part of the Licensed Software or documentation to any person without the prior written consent of X-Formation. Licensee agrees it will not use or grant any right to use the Licensed Software or any portion thereof except as authorized herein, and that it will not make or have made, or permit to be made, any copies of the Licensed Software, other than a single copy of the Licensed Software for archival purposes only. Any such archival copy shall contain the same proprietary notices or legends which are applicable to such portions thereof.
7. Use of License Statistics. You may use License Statistics to import FlexNet Report Logs on an "as-is" and "as-available" basis. You expressly acknowledge and agree that you will be solely responsible for the use of License Statistics to import data, and any such data importation will be done at your own discretion and risk. Furthermore, you agree to use any such data importation only for purposes that are permitted by any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
8. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, X-FORMATION FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL X-FORMATION OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF X-FORMATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Evaluations. X-Formation agrees to deliver a demonstration copy of its software for the sole purpose of internal testing and evaluation. Licensee acknowledges that the evaluation serves the purpose of determining whether the software meets the requirements of the Licensee and/or its customers and that the software will not be used for commercial or production purposes during this time.
10. No refunds. Free evaluation copies of X-Formation software are available to allow inspection of software features prior to purchase. For this reason, X-Formation does not issue refunds.
11. High-Risk Activities. The Licensed Software is not fault tolerant and is not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance (including, without limitation, the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons system), in which the failure of the Licensed Software could lead directly or indirectly to death, personal injury, or severe physical or environment damage. X-Formation and its suppliers specifically disclaim any express or implied warranty of fitness for any high-risk uses specified above.
12. Ownership. Licensee agrees it has no rights with respect to the Licensed Software other than those rights granted by this Agreement. X-Formation has retained and will retain all ownership rights to the Licensed Software and documentation, including all patent rights, copyrights, trademarks, service marks, related goodwill, and confidential and proprietary information relating thereto.
13. Termination. The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Licensed Software and Documentation.
14. Return of Licensed Software Upon Termination. In the event this License Agreement is terminated, Licensee agrees to return to X-Formation the Licensed Software and to provide X-Formation with a signed and dated written certification that Licensee has destroyed all of its copies of the Licensed Software. Such return and notice must be received by X-Formation within fifteen (15) days following notice of termination.
15. Export Regulations. Licensee acknowledges that the Licensed Software is subject to Danish export control laws and regulations. Licensee agrees that it will not export the Licensed Software to any country or end-user that is subject to Danish export restrictions, or imported into any country except as permitted by the laws and regulations of the applicable country.
16. No Modification or Waiver. This Agreement may be amended, modified or supplemented only by a written instrument executed by the parties hereto. X-Formation shall be deemed not to have assented to any variations in the terms of this Agreement or to different terms unless such assent is express, includes an express waiver of the applicable terms of this Agreement, and is in writing and signed. Moreover, any waiver is only for the particular matter specified therein, and shall not affect or impair the right of X-Formation to require observance, performance or satisfaction either of that term or condition as it applies on a subsequent occasion or of any other term or condition.
17. Compliance with Laws. When sold in the United States, the use, duplication or disclosure of the programs and documentation by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) at DOD Supplement to the Federal Acquisition Regulations ("DFAR") or subparagraphs (c)(1) and (2) of Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19.
18. Legal disputes. In case of legal disputes, legal proceedings must be handled in the court of Aarhus, Denmark.
19. Contact. Should you have any questions concerning this Agreement, or if you desire to contact X-Formation for any reason, please write:
DK - 8381
X-Formation EULA (Revision 000010)