End user agreement for EMCO Remote Deployment
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and EMCO for the EMCO Remote Deployment software that accompanies this EULA, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
The Software is owned by EMCO and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. GRANT OF LICENSE. EMCO grants you (the original end-user and any subsequent transferee of the Software as permitted below) a non-exclusive license to put in use by a person or organization that agrees to be bound by the terms of this EULA, one copy of the Software.
a. Installation. You may install one copy of the Software on one Client Device (defined as, any computer, workstation, personal digital assistant, pager, "smart phone" or other digital electronic device for which the software was designed and on which software may be used by an end user in client-mode).
b. Use. You may use one copy of the Software on one Client Device (except as may be specifically provided below). The Software is "in use" when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD ROM, ROM or other storage device) of a Client Device for the purpose of being accessible in client-mode by one end user. (If you wish to use the Software on a computer or workstation in server-mode within a multi-user or networked environment, then you must obtain a server-mode license from EMCO, which will require, among other things, that you license one copy of the Software for each Client Device or end user "Seat" which is participating in such an environment and which has access to the Software).
c. Volume Licenses. If this package is a volume license package (such as a "corporate license" or a "corporate bundle"), you may make and use additional copies of the Software up to the number of copies authorized in this package or in your corporate license agreement, or otherwise indicated at the time of purchase. If the anticipated number of users of the Software can exceed the number of applicable licenses, then you must have a reasonable mechanism or process in place to ensure that the number of persons using the Software does not exceed the number of licenses you have obtained.
d. Upgrades and Support. If this Software is labeled as an upgrade or trade-up from a prior version of a EMCO's product that you were properly licensed to use, EMCO grants you the right to put in use either the current or prior version of the Software, and any prior version license is replaced by this EULA. EMCO or EMCO's authorized software vendor may provide you with technical support services relating to the Software according to EMCO's standard support policies and procedures, which may be described in the user manual, in "on line" documentation and/or other materials provided by EMCO or posted on EMCO's web site ("Support Services"). Any supplemental software code provided to you 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 you provide to EMCO as part of the Support Services, EMCO may use such information for its business purposes, including for product support and development. EMCO will not utilize such technical information in a form that personally identifies you.
e. Dual Media Software and Multiple Platform Versions. If the package from which you obtained this Software contains more than one medium (e.g., both 3 1/2" disks and a CD), you may use only the medium appropriate to your computer. You may not use the other disk(s) on another computer or loan, rent, lease, or transfer them to another user except as permitted under this EULA or as part of the permanent transfer (as provided above) of all the Software and related materials. If the CD or disk(s) on which the Software resides contains several copies of the Software, each of which is compatible with a different operating system or platform architecture, then you may install the Software for use with only one of those architectures and you may not use the other version(s) on another computer or loan, rent, lease, or transfer them to another user except as permitted under this EULA or as part of a permanent transfer (as provided above).
f. Other Restrictions. The original of this EULA is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software, but you may transfer your rights under this EULA on a permanent basis provided you transfer this EULA and all copies of the Software, including all accompanying printed materials, you do not retain any copies of the Software or such materials, and the recipient agrees to be bound by the terms of this EULA. Any transfer of the Software must include the most recent update and all prior revisions. You may not reverse engineer, decompile, disassemble or otherwise translate the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. If this Software is labeled "Evaluation Copy," "Not For Resale," "NFR" or to any of those effects, this license only permits use for demonstration, test, or evaluation purposes.
2. COPYRIGHT. The Software is licensed, not sold. All right, title and interest in the Software (including any images, "applets", photographs, animations, video, audio, music, and text incorporated into the Software), accompanying printed materials, and any copies you are permitted to make herein, are owned by EMCO or its suppliers, and the Software is protected by Icelandic copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make a reasonable number of copies of the Software solely for backup or archival purposes or (b) transfer the Software to a single hard disk, provided you keep the original solely for backup or archival purposes. Such copy shall include EMCO's copyright and other proprietary notices. You may not copy the printed materials accompanying the Software.
3. TERMINATION. This EULA will immediately and automatically terminate without notice if you fail to comply with any term or condition of this EULA. You agree upon termination to promptly destroy the Software together with all of its component parts, prior and replacement versions, and all copies, modifications and merged portions thereof in any form.
4. LIMITED WARRANTY.
a. Limited Warranty. EMCO warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of original purchase. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to such thirty (30) day period. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
b. Customer Remedies. EMCO's and its suppliers' entire liability and your exclusive remedy shall be, at EMCO's option, either (a) return of the purchase price paid for the license, if any or (b) repair or replacement of the Software that does not meet EMCO's limited warranty and which is returned at your expense to EMCO with a copy of your receipt. This limited warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any repaired or replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by EMCO are available without proof of purchase from an authorized international source and may not be available from EMCO or its suppliers.
c. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR THE LIMITED WARRANTIES SET FORTH HEREIN, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND EMCO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE WITH DESCRIPTION, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
d. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMCO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS 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 OR INABILITY TO USE THE SOFTWARE OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF EMCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EMCO'S CUMULATIVE AND ENTIRE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS EULA SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THIS LICENSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. GENERAL. These terms and conditions may not be modified, amended, canceled or in any way altered, nor may they be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by a duly authorized officer of EMCO. These terms and conditions shall be construed and enforced in accordance with the laws of Iceland. Any action or proceeding brought by anyone arising out of or related to these terms and conditions shall be governed only by the law and procedures of Iceland in the City Court of Reykjavik (Herasdomur Reykjavikur). Should any term of these terms and conditions be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. These terms and conditions are in the English language, and only the English language version hereof, regardless of the existence of other language translations of these terms and conditions, shall be controlling in all respects. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. EMCO reserves the right at any time without liability or prior notice to change the features or characteristics of this Software, or its documentation and related materials, or future versions thereof. These terms and conditions constitute the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communication between us relating to the subject matter of these terms and conditions.
Should you have any questions concerning these terms and conditions, or if you desire to contact EMCO for any reason, please e-mail to: email@example.com or visit EMCO on the Web at http://emcosoftware.com/.