End user agreement for Automation Star
License Agreement for HitekSoftware Products
Hitek Software LLC
Read the terms of this agreement and any provided supplemental license terms (collectively "agreement") carefully before installing the software. By installing the software, you agree to the terms of this agreement. Do not install or use this software if you do not agree to all terms of this license agreement.
1. License to use: Hitek Software grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Hitek Software (collectively "software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid. Please follow these criteria in determining the number of license copies that you need to purchase:
a) Atleast 1 license per computer: Every computer (PC, Mac, or Unix etc..) that the software is installed on requires a license. If a single users installs and uses the software on 10 computers, he would need to purchase 10 licenses.
b) Multiple users on a single computer: Multiple users use the software locally or remotely. A single copy of the software may be installed, or multiple users may install the software in their own user directory, or multiple users access the software remotely. In this case, the total licenses required, would equal the number of individual users using the software. i.e. if 10 users use the software on the same computer, you would need to purchase 10 licenses.
c) Multiple installations and Multiple users: The total license count required is calculated as the total number of installations and users less one. Example: You have the software installed on 10 computers and 5 users access the software(locally or remotely) on some or all of these computers. You would need a total of 14 licenses, 10 licenses for the 10 installations (1 user license included) + 4 additional licenses for the 4 other users.
d) Multiple users per computer, single copy of software installed: Sometimes many users share a computer, but only a single copy of the software is installed and Only one user uses the software. In this case, only a single license is required for that computer.
e) Within a Company, Licenses can be transferred from one user to another user, or one computer to another computer, provided the software is first removed completely from the original computer.
f) Licenses cannot be transferred from one Company to another Company.
g) Development license: A user is allowed to use an additional copy of the software on a development system, if the user already has a license in use. The sole use of the additional copy should be to create, develop and test tasks and schedules that will eventually be used in the original licensed copy, otherwise an additional license should be purchased for the development system. The license key for this additional developement copy should only be generated from our website.
2. Restrictions: This Software is confidential and copyrighted. Hitek Software and/or its licensors retain title to software and all associated intellectual property rights. Except as specifically authorized in any supplemental license terms, you may not make copies of software, other than a single copy of software for archival purposes. Unless applicable law prohibits enforcement, you may not modify, decompile, and reverse engineer software. You may not publish or provide the results of any benchmark or comparison tests run on software to any third party without the prior written consent of Hitek Software. No right, title or interest in or to any trademark, service mark, logo or trade name of Hitek Software or its licensors is granted under this agreement.
3. Trial period: This software has a 30 day trial period, after which the software expires unless a valid registration key is entered. If you purchase a license for this software from Hitek Software or its authorized resellers, instructions to generate a registration key will be provided to you. The registration key allows you to unlock the software permanantely. This registration key should only be generated online at our website or sent to you via email by Hitek Software. Any attempt to register this software, or unlock the software permanantely, by using an illegal or fraudulent registration key, either before or after the 30 day trial period expires, makes this software copy an illegal and unauthorized copy, and violates Hitek Software's copyright of this software. A legal copy of this software can be used for 30 days without entering a registration key. This allows you to to try out this software and allows you to decide whether you want to buy it. Before or after the 30-day trial period, if you decide that it's not something you want to have, simply remove it from your workstation. Purchase the software only if you are fully satisfied that it meets your needs. After purchase, you agree not to request a refund.
4. Information Recorded to our website:
a) When you use this software for the first time, the following information is recorded to the Hitek Software installation database: Product Name and Version, users Country and Timezone. This helps us track our monthly installs by country and product, and provides us valuable feedback on our marketing efforts.
b) When you purchase a license for the software, you will be given information to generate a license key at our website. If you enter the license key generated from our website to unlock our software, NO registration data is recorded.
c) However, if you register the software using a license key which is not generated from our website, the following information about your computer is recorded into the Hitek Software User Registration Database: Date/Time, Hitek Software Product Name and Version, Registration Key for the installed Hitek Software Product, Computer Name, Computers Internal IP address, Username logged onto Computer, Computers Operating System, Timezone Setting and Country Setting. Additionally, some software usage statistics like total tasks, schedules and task instances run etc. will also be recorded. The above information will also be posted to our user registration database on a regular periodic basis.
Hitek Software assures the user, that the above information will be securely stored, and maintained with the utmost care. By installing and/or registering this software, you agree that Hitek Software should not be held liable in any manner, if the security of this information is compromised in any manner. To the extent not prohibited by law, in no event will Hitek Software or its licensors be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising if the security of this information is compromised in any manner, even if Hitek Software has been advised of the possibility of such damages. Only install this software, if you agree to have this information recorded by Hitek Software. By installing and/or registering this software, you agree that you grant us your full and unconditional permission to record this information.
5. Copyright Infringement: You agree not to infringe on Hitek Softwares copyright of this software. Copyright violation could be in the form of a) violating license counts, which you have purchased or b) using illegally generated registration keys to unlock the software, without purchasing a valid license(s). You agree to only use Regsitration keys generated online from our Hitek Software website, or only use registration keys emailed to you by Hitek Software. You agree that any attempt to register this software, or unlock the software permanantely, by using an illegal or fraudulent registration key, either before or after the 30 day trial period expires, makes this software copy an illegal and unauthorized copy, and violates Hitek Software's copyright of this software.
6. Disclaimer of warranty: Unless specified in this agreement, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that these disclaimers are held to be legally invalid.
7. Limitation of liability: To the extent not prohibited by law, in no event will Hitek Software or its licensors be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use software, even if Hitek Software has been advised of the possibility of such damages. In no event will Hitek Software's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for software under this agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
8. Termination: This agreement is effective until terminated. You may terminate this agreement at any time by destroying all copies of software. This agreement will terminate immediately without notice from Hitek Software if you fail to comply with any provision of this agreement. Upon termination, you must destroy all copies of software.
9. Export regulations: All software and technical data delivered under this agreement are subject to us export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly 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 after delivery to you.
10. Governing law: This license shall be deemed to have been executed within the State of California, in the United States of America. It shall be construed and enforced in accordance with and governed by the laws of the State of California. The proper venue for resolution of any claim or dispute regarding this license shall be the County of Los Angeles. In the event of a claim of copyright infringement, the proper venue is acknowledged to be the United States District Court for the State of California. For users located outside the United States of America, Hitek Software has sole discretion on whether U.S. Federal law, or the end users country's federal law, should govern any action related to this agreement.
11. Severability: If any provision of this agreement is held to be unenforceable, this agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this agreement will immediately terminate.
12. Integration: This agreement is the entire agreement between you and Hitek Software relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this agreement. No modification of this agreement will be binding, unless in writing and signed by an authorized representative of each party.
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