End user agreement for EIOffice 2009 Enterprise (Trial)
END-USER LICENSE AGREEMENT
EVERMORE INTEGRATED OFFICE
BY INSTALLING, COPYING, OR OTHERWISE USING THE LICENSED PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, ACCESS OR USE THE LICENSED PRODUCT. INSTEAD, RETURN IT IN AN UNOPENED, UNUSED CONDITION TO THE PLACE YOU PURCHASED IT WITHIN FOURTEEN (14) DAYS AFTER THE DATE OF PAYMENT FOR A FULL REFUND.
1.LICENSE TO USE
a.With the purchase or lease of this product, Wuxi Evermore Software ("Evermore") grants you a non-exclusive, non-transferable license to use the accompanying software and documentation (hereafter, the "Licensed Product") and any corrections issued by Evermore, for the number of users and the class of computer hardware (e.g., Personal Computer, Workstation, Terminal, Personal Digital Assistant, Network) for which a corresponding fee has been paid. In the case of a purchase, the license granted to you will last for the life of every device for which a fee has been paid. In the case of a lease of this product, the license shall be effective during the term of your lease. You may renew the license by paying an annual license fee prior to the expiration of the active lease term.
b.Depending upon the fees paid, the license granted by this Agreement may permit you to use and operate the Licensed Product coactively on different devices or only on a single device. If you fail to obtain and pay for the correct license or exceed the use of the license you obtain, the license granted to you by this Agreement will automatically terminate and you will lose all rights to use or execute the Licensed Product.
c.As the original licensee of the Licensed Product, you do not have the right to transfer ownership of the product or use the product on another personal computers or other devices, unless you have specifically paid a fee to secure this right.
d.The Licensed Product can be designated as a Enterprise or Personal editions by Evermore depending upon the category of the purchaser or user and the fees paid. Enterprise Licenses are intended for business use and can be purchased by a company or individual. Personal Licenses are intended for non buiness use and licenses to individual non business endusers. A company cannot hold a license for Personal edition .
e.The Licensed Product can also be designated as an Educational, NGO (Non Governmental Organization) or Not for Profit Organization versions and will be clearly marked as such.
f.If you have paid a fee for an edition for which you are not eligible, you have no rights under this Agreement. You must be eligible for the user and edition categories for which you are licensed, notwithstanding the fact that you may have paid a fee for that license. To determine your license or user category, contact Evermore Software at email@example.com
g.The Licensed Product contains media elements such as ClipArt, Animated Sequences, Audio, and Video as well as graphic elements. You may use, modify and copy these media elements subject to the following provisions:
i.You may not sell, license or distribute media elements alone or in part in any collection, product or service, where the value of the collection, product or service is primarily composed of the media elements.
ii.You may not use or distribute media elements in such a manner as to mislead the public that Evermore is sponsoring or endorsing the collection, product or service.
iii.You must indemnify, hold harmless and defend Evermore from and against all claims that result from your use or distribution of any media element modified by you and you must include a valid copyright notice on all distributed media elements.
h.If the Licensed Product is labeled "Not For Resale" or "NFR" then, notwithstanding any provisions of this Agreement, you may only use the Licensed Product for demonstration, testing or evaluation purposes. Any resale or transfer of ownership of product labeled "Not For Resale" or "NFR" is strictly prohibited.
i.The Licensed Product is licensed in its entirety as a single product. The separation of the component parts of this Licensed Product to run on more than one device is strictly prohibited.
j.At Evermore's discretion, you may be provided with support services as governed by the policies and programs described on the Evermore website. Any supplemental software code that is provided to you will fall under the terms and conditions set forth in this Agreement. Any technical information provided by you in connection with any support services will be kept in trust by Evermore, and will only be used in connection with Evermore's stated business purposes and such information will be kept confidential so as not to identify the end user.
k.Without prejudice to any other rights, Evermore may terminate this Agreement if you fail to comply with these terms and conditions. In the event of termination, you must destroy all copies of the Licensed Product and all of its components, including all printed materials.
l.Evermore reserves to itself all rights not expressly granted to you in this Agreement.
a.Standard Licensed Product: Upgrades may only be used in accordance with the terms of this Agreement. If the Licensed Product is labeled as an upgrade, you must have in your possession a previous version of the Licensed Product, and have paid the appropriate license fee for that product, to be eligible to use the upgraded Licensed Product.
b.Right to Upgrades: Product upgrades are issued at the discretion of Evermore. Registered users of the Licensed Product have the right to product upgrades based on the fees paid and the upgrade package offered at the time of purchase, starting from the date on which the original license was purchased.
3. RESTRICTIONS : This product is confidential, copyrighted and protected by international copyright treaties. Except as specifically authorized in any Supplemental License Agreement, you may not make copies of this software product, other than a single copy for backup purposes. You may not modify or reverse engineer the Licensed Product in any manner, except to the extent these activities are otherwise permitted by law. No right, title or interest in or to any trademark, service mark, logo or trade name of Evermore or its licensors is granted under this Agreement.
4.RIGHTS TO INTELLECTUAL PROPERTY
a.All intellectual property rights, as well as title, in and to the Licensed Product (including but not limited to any images, photographs, animations, video, audio, music, text, and applets incorporated into the Licensed Product), the accompanying printed materials, and any and all copies of the Licensed Product are owned by Evermore, its licensors or its suppliers.
b.All title and intellectual property rights in and to the content that is not contained in the Licensed Product, but may be accessed through use of the Licensed Product, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
c.This Agreement grants you no rights to use content not contained in the Licensed Product but may be accessed through use of the Licensed Product. If this Licensed Product contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy any of the printed materials accompanying the Licensed Product.
5.BACKUP COPY: After installing one copy of the Licensed Product pursuant to this Agreement, you may keep the original media on which the Licensed Product was provided solely for backup or archival purposes. If the original media is required to use the Licensed Product on a hard drive or other storage device, you may make one copy of the Licensed Product solely for backup or archival purposes. You may not otherwise make copies of the Licensed Product or the printed materials accompanying the Licensed Product unless this Agreement specifically and expressly makes such provision.
6.APPLICABLE LAW : The laws of United States govern this Agreement. If you acquired this Licensed Product outside of the United States, then local law may apply. Should you have any questions concerning this Agreement, or if you desire to contact Evermore for any reason, please phone 323-264-0737.
7.EXPORT REGULATIONS : All software and technical data under this agreement is subject to US export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required.
a.Evermore warrants that the Licensed Product will perform substantially in accordance with the accompanying materials for a period of thirty (30) days from the date of receipt. If an implied warranty or condition is created by your jurisdiction and local law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE THIRTY (30) DAY PERIOD OF THIS LIMITED WARRANTY. AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
b.The laws of some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
c.Any supplements or updates to the Licensed Product, including without limitation, any patches or fixes provided to you after the expiration of the thirty (30) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
d.Your exclusive remedy for any breach of the Limited Warranty set forth above is set forth in this paragraph. Except for any refund elected by Evermore, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Licensed Product does not meet Evermore's Limited Warranty and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Paragraph 10 below (Exclusion of Incidental, Consequential and Certain Other Damages) are also incorporated into this Limited Warranty. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others that vary from jurisdiction to jurisdiction.
e.YOUR EXCLUSIVE REMEDY, and Evermore's and its suppliers' entire liability shall be, at Evermore's option (to be exercised subject to applicable laws): (a) return of the price paid (if any) for the Licensed Product, or (b) repair or replacement of any Licensed Product, that does not meet this Limited Warranty and is returned to Evermore with a copy of your purchase receipt.
f.You will receive the remedy elected by Evermore without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Licensed Product to Evermore). This Limited Warranty is void if the Licensed Product has been modified in any way or if the Licensed Product's failure is the result of an accident, abuse, misapplication, abnormal use or a virus. Any Licensed Product, which is replaced, shall be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. The remedy provided for in this paragraph shall only be available if you have registered or activated your copy of the Licensed Product. To exercise your remedy, contact: Evermore Software, L.L.C., 323-264-0737.
9.DISCLAIMER OF WARRANTIES : THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERMORE AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS, AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE LICENSED PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OF CONDITION OF TITLE, OR NON-INFRINGEMENT WITH REGARD TO THE LICENSED PRODUCT.
10.EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES : TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVERMORE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE LICENSED PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF EVERMORE OR ANY SUPPLIER, AND EVEN IF EVERMORE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.LIMITATION OF LIABILITY AND REMEDIES: NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF EVERMORE AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY EVERMORE WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSED PRODUCT OR U.S. $10.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 8, 9 AND 10 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
a.If You decide to transmit to Evermore, by any means or by any media, any materials or other information (relating to the Licensed Product or otherwise) including, without limitation, ideas, concepts or techniques for improving the Licensed Product or for new or improved services and products, whether as information, feedback, data, questions, comments, suggestions or the like, you agree that all such submissions shall be deemed unrestricted and non-confidential.
b.You further agree that Evermore and its assigns shall have the perpetual, irrevocable and non-exclusive right to use all such materials and information anywhere in the world and that neither Evermore nor its assigns shall be obligated to make any payment, compensation or remuneration to you. The rights of Evermore and its assigns under this paragraph shall include the right to use, copy, transmit and distribute all materials and information submitted, the right to create derivative works from, display and perform the same and to permit third parties to do the same.
13.ENTIRE AGREEMENT: This Agreement (including any addendum or amendment to this Agreement which is included with the Licensed Product) is the entire agreement between you and Evermore relating to the Licensed Product and the support services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Licensed Product or any other subject matter covered by this Agreement. To the extent the terms of any Evermore policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control.