End user agreement for Captus
SOFTARIO END-USER LICENSE AGREEMENT ("EULA")
IMPORTANT - PLEASE READ CAREFULLY: THIS EULA IS A CONTRACT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND SOFTARIO FOR SOFTWARE (DEFINED BELOW). BY INSTALLING, USING, ACCESSING, OR DOWNLOADING THE SOFTWARE, YOU ACCEPT ALL THE PROVISIONS BELOW. THIS EULA SETS FORTH THE EXCLUSIVE TERMS AND CONDITIONS FOR YOUR USE OF THE ENCLOSED SOFTWARE. IF YOU DO NOT AGREE WITH THESE PROVISIONS DO NOT DOWNLOAD, INSTALL, USE OR ACCESS THE SOFTWARE. RETURN THE MEDIA ON WHICH THIS SOFTWARE RESIDES AND ANY OTHER RELATED MATERIALS, SEALED AND UNUSED, TO THE PLACE OF PURCHASE WITHIN 15 DAYS OF PURCHASE FOR A FULL REFUND.
"Software" means (a) all files or other contents constituting computer software, whether available on associated media or "online" including, without limitation, SOFTARIO's and any third-party licensor's (collectively, "Licensors") software; (b) related written materials ("Documentation"); and (c) any modifications, upgrades, updates, enhancements, and derivative works to the original software licensed to you (collectively, "Updates").
Copyright and Trademarks
The Software and any copies are owned by Licensors, and its structure, organization, and code are Licensors' valuable trade secrets. The Software is protected by U.S. copyright and other intellectual property laws and international treaties. You may not copy the Software. Except for the license rights granted below, you acknowledge that title and ownership of the Software and all property rights related to the Software, regardless of form, will remain Licensors' exclusive property. This EULA does not grant you any rights in connection with SOFTARIO trademarks or service marks.
No Reverse Engineering
You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of all or any part of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree not to allow others to use any registration key provided with the Software. You may not sell, rent, lease, sublicense or lend the Software. You may, however, permanently transfer all your rights in the Software to a third party pursuant to a merger or sale of substantially all your assets so along as such third party agrees in writing to abide by and be bound by the provisions of this EULA and you retain no part of portion of the Software, Documentation or other related materials.
SOFTARIO warrants for 90 days after purchase for you alone, that the Software, when installed and operated pursuant to the Documentation, will materially perform according to the Documentation. SOFTARIO does not warrant the Software will be error-free. In the event of a material error, you agree to provide SOFTARIO with sufficient detail to allow reproduction of such error. As SOFTARIO's entire liability (in contract, tort, or otherwise) and your exclusive remedy for any such error, SOFTARIO will reasonably attempt to correct such error. However, SOFTARIO is not responsible for any error in Software you modified, misused, or damaged. Any replacement Software will only be warranted for the remainder of the original 90 day period. THE FOREGOING STATES YOUR SOLE AND EXCLUSIVE REMEDIES. THE LIMITED WARRANTY ABOVE GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS THAT MAY VARY BY JURISDICTION. Some jurisdictions do not allow exclusion of implied warranties or limitations on how long an implied warranty may last. Any implied warranties are limited to 90 days from purchase, as permissible. EXCEPT AS SET FORTH ABOVE, YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE; AND SOFTARIO SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LICENSORS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR DIRECT DAMAGES CONCERNING THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY BEFOREHAND. IN NO EVENT WILL LICENSORS' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
This EULA constitutes the entire agreement between you and SOFTARIO and supersedes any prior agreement or understanding, written or oral, relating hereto. This EULA may only be modified in a writing signed by a SOFTARIO authorized officer, although SOFTARIO may vary the terms of this EULA in connection with the licensing of any Updates to you.
The Software and Documentation are "Commercial Items," as defined in 48 CFR 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as defined in 48 CFR 12.212 or 48 CFR 227.7202, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users pursuant to the provisions of this EULA. Unpublished-rights reserved under the copyright laws of the U.S.
This EULA is in the U.S. English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the parties hereto. All communications pursuant to this EULA shall be in the U.S. English language. Any notices, comments or questions concerning this EULA should be sent to SOFTARIO through company website (www.softario.com).