End user agreement for IdeaWeaver
LOGICAL EXPRESSIONS, INC.
IDEAWEAVER SOFTWARE LICENSE AGREEMENT
This license is a legal agreement between Logical Expressions, Inc. ("LEI") and the end
user ("Licensee") of the IdeaWeaver software product ("Software"). By using the
Software, Licensee agrees to the terms set forth by this license.
Licensee possession, purchase, use or evaluation of the Software does not transfer title to
the Software itself. Licensee use of the Software must be made in accordance with the
terms of this license agreement. LEI reserves all rights not specifically granted herein.
1. GRANT OF LICENSE
(a) License Agreement. Licensees may purchase an Individual License, a Company
License, or a Server License. Individual Licensees may install the Software on any
computer as long as Licensee is the sole person using the Software. Company Licensees
may install the Software on any computer that is owned by Licensee and operated by
persons employed by Licensee. Server Licensees may install the Software on a single
computer and allow all persons who use that computer to execute the software.
(b) License Transfer. Licensees may transfer this License together with the Software to
another person (if Individual License) or company (if Company License) who agrees to
become bound by the terms and conditions of this License, and who notifies LEI in
writing of the transfer. Upon any such transfer, all Licensee rights hereunder shall end.
(c) Backup. LEI grants the Licensee the non-exclusive right to copy the Software for
backup purposes. All backup copies shall be deemed "Software" under this License and
shall include all copyright, trademark and proprietary rights notices contained in or on the
2. GENERAL TERMS
(a) License Term. This license will become effective on the date Licensee accepts its
terms and conditions during installation of the Software and will remain in force until
terminated. Licensee may terminate this License at any time by discontinuing all use of
and destroying the Software together with all copies and adaptations. This License shall
automatically terminate if Licensee breaches any of the terms and conditions of this
License. Licensee agrees to destroy the original and all copies or adaptations of the
Software, or to return them to LEI upon termination of this License.
(b) Export. Licensee hereby acknowledges and agrees that the Software is subject to
restrictions and controls imposed by the United States Export Administration Act (the
"Act") and the regulations thereunder. Further, Licensee agrees that neither the Software
nor any direct product thereof is being or will be acquired, shipped, transferred
(including, but not limited to, electronic transmission), exported, or reexported, directly
or indirectly, into any country, to any end-user, or for any end-use prohibited by the Act
and the regulations thereunder.
(c) Decompilation. The Software is distributed in object code only. Licensee may not
reverse engineer, decompile, or disassemble the Software, except and only to the extent
that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental. Licensee may not rent, lease, or lend this Software.
(e) Distribution. This License does not grant royalty-free distribution rights. If Licensee
uses the Software as a component of another work that is sold to or developed for a third
party, the third party must purchase a License to use the Software.
(f) Trademark. This License does not grant the Licensee any rights in connection with the
trademarks or service marks of the Software or Logical Expressions, Inc.
(g) High-Risk Activities: The Software is not fault-tolerant and is not designed for or
intended for use in high-risk activities or hazardous environments requiring fail-safe
performance. Such activities and environments include nuclear facilities, aircraft
navigation and communication systems, medical applications, weapons systems, and any
usage wherein the failure of the Software could lead directly to death, personal injury,
or severe physical or environmental damage.
(h) Entire License. This License sets forth the entire understanding and License between
Licensee and LEI and may be amended only in a writing signed by both parties. No
vendor, distributor, dealer, retailer, sales person, or other person is authorized to modify
this license or to make any warranty, representation, or promise which is different than,
or in addition to, the warranty, representations, or promises of this license.
(i) Waiver. No waiver of any right under this License shall be effective unless in writing,
signed by a duly authorized representative of the party to be bound. No waiver of any
past or present right arising from any breach or failure to perform shall be deemed to be a
waiver of any future right arising under this License.
(j) Severability. If any provision in this License is invalid or unenforceable, that provision
shall be construed, limited, modified or, if necessary, severed, to the extent necessary, to
eliminate its invalidity or unenforceability, and the other provisions of this License shall
3. WARRANTY DISCLAIMER
(a) LEI does not warrant that the Software will meet Licensee requirements or that the
operation of the Software will be uninterrupted or error free. Licensee agrees to use the
software at Licensee's own risk.
(b) LEI is not responsible for any problems or damage caused by the software or that may
result from using the software, whether licensed or not. This includes, but is not limited
to, computer hardware, computer software, operating systems, data, and any computer or
computing accessories. Licensee agrees to hold Logical Expressions, Inc. and/or any
persons associated with the creation of this software harmless for any problems arising
from the use of the software.
4. GOVERNING LAW
(a) Except as otherwise restricted by law, this License shall be governed by the laws of
the State of Idaho of the United States of America. Furthermore, it is understood that this
License shall be treated as though it was executed in Bonner County of the State of
Idaho. The parties agree that any action relating to this License shall be instituted and
prosecuted in the courts of competent jurisdiction of the State of Idaho.
5. NOTICE TO UNITED STATES GOVERNMENT END USERS
(a) The Software and any supporting documentation was developed at private expense
with no government funds and is a trade secret of Logical Expressions, Inc. for all
purposes of the Freedom of Information Act.
(b) The software and documentation are "Commercial Items," and are being licensed to
U.S. Government end users subject to limited utilization as provided in this agreement.
Copyright (c) 2006 Logical Expressions, Inc. - All Rights Reserved
Logical Expressions, Inc.
311 Fox Glen Road
Sandpoint, ID 83864
Phone: (208) 265-3646
Company Web Site: http://www.LogicalExpressions.com
Product Web Site: http://www.IdeaWeaverSoftware.com