End user agreement for XYZ Data Viewer
Author and Copyright: 2003-2005 by 3 Fish Software. All Rights Reserved.
END USER LICENSE AGREEMENT
This End-User License Agreement ("EULA" or "Agreement") sets out the terms that apply to the use of 3 Fish software ("Software").
IMPORTANT: READ THE FOLLOWING CAREFULLY BEFORE USING THE SOFTWARE:
THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE END USER, AND 3 FISH SOFTWARE ("3FISHSOFTWARE") APPLICABLE TO YOUR PURCHASE AND/OR USE OF THE SOFTWARE. BY CLICKING ON "I AGREE", YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND DO NOT SUBSEQUENTLY DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
You are referred to herein as "you" or "Licensee." The terms "You" or "Licensee" include you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns. We may be referred to herein as "3FishSoftware" or "Licensor". The terms 'Us,' 'We,' '3 Fish Software, LLC,' '3 Fish Software' or 'Licensor' includes us and our owners, employees, subsidiaries, independent contractors, agents, attorneys, and assigns.
1. CONFIDENTIAL INFORMATION. 3 Fish Sofware owns all rights to this work and intends to maintain it in confidence to preserve its trade secret status and all other rights it has in the Software. 3 Fish Software reserves the right to protect this work as an unpublished copyrighted work in the event of an inadvertent or deliberate unauthorized publication. 3 Fish Software also reserves its rights under the copyright laws to protect this work as a published work. Those having access to this work may not copy it, use it, (except as otherwise set forth herein), or disclose the information contained in it without the written authorization of 3 Fish Software. All trademarks of 3 Fish Software are and shall remain the property of 3 Fish Software and are protected by applicable intellectual property law. Unauthorized use will result in prosecution.
2. GRANT OF LICENSE. 3 Fish Sofware hereby grants to you a limited, nonexclusive global license to use the Software subject to the following terms:
A. This EULA is not a sale of the Software. Except for the license rights expressly granted to you herein, you will have no right, title or interest in the Software.
B. The Software license established by this Agreement grants You the right to install the Software on one (1) desktop or laptop personal computers owned and used by You. 3 Fish Software will supply You with one (1) registration code that can be used with the Software.
C. You may not rent, lease or sell the Software. You may not use, copy, modify, reverse engineer, decompile, disassemble, or transfer the Software or any copy in whole or part except as expressly provided in this Agreement, or without the express WRITTEN consent of 3 Fish Software.
D. You may only use the Software in a manner that complies with all applicable laws in the countries in which you use it, including restrictions concerning copyright and encryption.
E. You are not permitted to assign any or all of your obligations or rights under this EULA without our express prior consent.
F. You will not sublicense, transfer, pledge, sell, lend, or otherwise dispose of the content, or any part of it, or share your rights under this EULA, with others. You will not give others access to your username and password, nor share any registration code(s) you receive.
G. You agree that 3 Fish Software and its partners may receive, collect, store and use technical information in the course of the registration and during the use of the Software. 3 Fish Software will handle such information in compliance with applicable privacy and data protection laws.
If you have downloaded an evaluation version of the Software, you are entitled to use the Software, free-of-charge, strictly for the sole purpose of evaluating the features and usability of the Software. The evaluation version may not have all the features that are available in a commercial version. Furthermore, the limited warranties in section 6 below will not apply to the evaluation version of the Software.
All rights not expressly granted to you are reserved by 3 Fish Software.
3. CONSENT TO USE INFORMATION. When you communicate with us, send us information, or provide content to us or our website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.
4. COPYRIGHT. All intellectual property and other ownership rights in the Software, including copyright, patents and trade secrets are protected under United States Copyright Laws and International Treaty provisions, are and remain the property of 3 Fish Software. 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 ONE copy 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.
5. DISCLAIMER. There is no guarantee or promise that you will make a certain amount of money, or any money, or not lose money, as a result of using our products and services. Your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we or you have not anticipated. There are no guarantees concerning the level of success you may experience; each person's results will vary.
6. LIMITED WARRANTY.
3 Fish Software warrants that the Software, if operated as detailed in the related documentation, will perform substantially in accordance with the accompanying documentation or generally described in the product specifications on our website for a period of 15 days from the date of your acceptance of this EULA, of the first installation of this Software by you. 3 Fish Software does not warrant that your use of the Software will be free from interruptions or error free. We have taken all reasonable steps to keep the software free of viruses, spyware, "back door" entrances, or any other harmful code. We will not intentionally deprive you of your ability to use any features of the software or access to your data.
NO OTHER WARRANTIES. ALL CONTENT IS PROVIDED "AS IS" AND, AS FAR AS IT IS LEGALLY PERMITTED TO DO SO, 3 Fish Software DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND RELATED WRITTEN MATERIALS, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS, WARRANTIES OF SATISFACTORY QUALITY, WARRANTIES OF NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS EULA. NO USE OF THE SOFTWARE IS AUTHORIZED EXCEPT UNDER THE TERMS OF THIS EULA.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL 3 FISH SOFTWARE OR ITS SUPPLIERS, VENDORS, PARTNERS OR COVENTURERS BE LIABLE FOR ANY DAMAGE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS BASED UPON ANY USE OF THE SOFTWARE) ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF 3 FISH SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your exclusive remedy under the above limited warranty shall be, at our option, either a full refund of the license fee actually paid or correction of the defective software by 3 Fish Software. You agree, prior to requesting a refund of your purchase price, that we will have an opportunity to correct any defects. To the fullest extent permitted by applicable law, we disclaim all liability for indirect or consequential damages that arise under this Agreement. Nothing in this EULA limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part. You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The sole liability of 3 Fish Software for a breach of this warranty is at 3 Fish Software's election:
A. To replace any defective medium on which the Software is supplied;
B. To advise you how to achieve the required functionality via an undocumented procedure; or
C. To refund the license fee for the Software.
The limited warranty contained in this section does not apply where:
A. The Software is modified.
B. The Software is used on hardware or in conjunction with software other than the unmodified software and hardware on which it is designed to operate as described in the related documentation.
C. Access to the Internet as required by the operation of the Software has not been enabled or has been prevented (the Software will automatically verify the registration codes through the Internet, and may also automatically check for updates and fixes, which will be automatically downloaded and installed).
7. INDEMNITY. You agree to indemnify 3 Fish Software, and the employees, owners, directors, representatives, suppliers, agents and service providers of 3 Fish Software against any failure by you to observe the provisions of this EULA and for all losses, damages and all reasonable expense and costs, including legal fees, incurred by 3 Fish Software or them in third party claims arising out of the breach of your obligations under the terms of this EULA.
8. TERMINATION. Your license to use the Software will terminate automatically and without notice if you are in breach of any of the terms of this EULA. 3 Fish Software may, by ten (10) days notice, terminate the use of the Software. Upon any termination of this EULA, you shall immediately discontinue use of the Software.
9. NO WAIVER OF RIGHTS. Our failure or neglect to enforce at any time any of the provisions or rights granted in this EULA, or to take action against any other party in the event of any breach, shall not be construed nor deemed to be a waiver by us as to our rights or as to any subsequent enforcement of rights or subsequent actions in the event of future breaches under this EULA.
10. SEVERABILITY. If the whole or any part of any provision of this EULA is determined to be invalid or unenforceable then such provision or part thereof shall besevered from the body of this EULA which shall continue to be valid and enforceable to the fullest extent permitted by law.
11. LAW. This EULA in all respects is governed and interpreted in accordance with the laws of the State of Pennsylvania, United States, without regard to its conflicts of laws principles. This EULA is entered into in Pennsylvania. You consent to the exclusive jurisdiction of Pennsylvania for any dispute arising from or related to this EULA. You agree that the exclusive venue for any dispute arising from or related to this EULA will be a court located in Pennsylvania. This Agreement will be governed by the laws, including Article 2 of the Uniform Commercial Code, of the state of Pennsylvania.
12. ENTIRE AGREEMENT. This EULA constitutes the complete and entire understanding and agreement between you and 3 Fish Software and supersedes all prior communications, representations, agreements, negotiations or understandings with respect thereto, whether oral or in writing. This EULA may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this EULA. This EULA may be amended by us at any time and without notice, but only by amending this EULA as posted on this website, unless otherwise agreed to in a writing signed by both of us. Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this EULA you agree to periodically check this EULA posted at this page. You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.