End user agreement for Shipper Starter Kit
FIRST, THE NO-NONSENSE VERSION OF THE SHIPPER STARTER KIT END USER LICENSE AGREEMENT (EULA):
If you're using the trial version of Shipper Starter Kit, you may use it for free until it expires. After that time, you need to either purchase a license or remove it from your computer.
You are not permitted to "crack" the trial version of Shipper Starter Kit in order to avoid paying for it, nor are you permitted to share your license with others after you purchase it.
NOW THE LEGAL VERSION OF THE EULA:
This End User License Agreement (“EULA”) is a legal agreement between you (either as an individual or a single entity) and Structured Solutions for this software product which includes computer software, license files and associated media, printed materials, and "online" or electronic documentation, collectively the "SOFTWARE".
As part of the installation process, you will be asked to accept the terms of this Agreement. This Agreement is a legal contract that specifies the terms of the license and warranty limitation between you and Structured Solutions for the SOFTWARE. You should carefully read the following terms and conditions before installing or using the SOFTWARE. Unless you have entered into a separate written license agreement with Structured Solutions providing otherwise, installation or use of the SOFTWARE indicates your agreement to be bound by these terms and conditions. If you do not agree to these terms, promptly delete and destroy all copies of the SOFTWARE in your possession. If you purchased the SOFTWARE directly from Structured Solutions, upon your certification to Structured Solutions that you have not used the SOFTWARE, you do not accept this license agreement and have deleted and destroyed all copies of the SOFTWARE, your money will be refunded by Structured Solutions. If you purchased the SOFTWARE from a reseller (“RESELLER”), contact the RESELLER to request a refund.
Structured Solutions willingness to license you the software is expressly conditioned on your acceptance of all of the terms of this Software License Agreement.
Versions of the Software
The SOFTWARE is available in a commercial and an evaluation version. Both the commercial and the evaluation versions are subject to the terms and conditions of this Agreement. The commercial version of the SOFTWARE requires payment by you of a license fee. The evaluation version of the SOFTWARE is the only version that is provided without charge. The evaluation version is not free software and is subject to the restrictions set forth below.
UPON ORDERING, DOWNLOADING, INSTALLING OR UNENCRYPTING ANY VERSION OF THE SOFTWARE, YOU ARE REAFFIRMING THAT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE PRODUCT.
License to Use
One copy of the SOFTWARE may be used by multiple people non-simultaneously on a single workstation.
You may access the commercial version of Shipper through a network, provided that you have obtained individual licenses for the software covering all workstations that will access the software through the network. For instance, if eight different workstations will access Shipper on the network, each workstation must have its own license, regardless of whether the workstations access the software at different times or concurrently.
The SOFTWARE is protected by the copyright laws of the United States and international treaty provisions. There are severe penalties, both civil and criminal, for copyright infringement. You may not copy all or any part of the SOFTWARE, except that you may make a reasonable number of copies of the SOFTWARE solely for backup or archival purposes.
Multiple Media and Upgrades
You may receive the SOFTWARE in more than one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the workstation on which the software is to be installed. You may not install, use or transfer the other media, except as part of a permanent transfer of your licensed copy of the SOFTWARE as set forth below.
If the SOFTWARE are provided as an upgrade, patch or update to an earlier licensed release of the SOFTWARE, then you must have a valid license to operate such earlier release of the same version as the upgrade to install or use the upgrade. All SOFTWARE being upgraded is deemed to be part of the SOFTWARE and is subject to this Agreement. You may transfer an upgrade only in conjunction and together with the licensed SOFTWARE being upgraded.
No Additional Licenses
You acknowledge and agree that except for the rights granted in this Agreement, all other rights, and all title and interest in and to the SOFTWARE (as an independent work and as an underlying work serving as a basis for any application you may develop) and related documentation remain the sole and exclusive property of Structured Solutions, including all patent, copyright, trade secret, trademark and other proprietary rights therein, and that you will not derive or assert any title or interest in or to such SOFTWARE or related documentation. Without limiting the generality of the foregoing, you do not receive any rights to any patents, copyrights, trademarks rights to the SOFTWARE. You may not decompile, disassemble or reverse engineer the SOFTWARE. You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the SOFTWARE. You may not rent, lease, or lend the SOFTWARE.
This Agreement does not authorize you to use Structured Solutions' name or any of its trademarks.
Subject to the transferee's agreement in writing to be bound by the terms of this Agreement, you may permanently transfer all of your rights under this Agreement by transferring all media, all upgrades and all related documentation together with this Agreement. You may retain no copies of the SOFTWARE. If the SOFTWARE is an upgrade to an earlier licensed release of the SOFTWARE, any transfer must include all prior releases of the SOFTWARE.
Term and Termination
If you have acquired an evaluation version, the license granted herein shall automatically terminate forty five (45) days after you first run such version. Subsequent downloads; installations or use of the evaluation version by or for you will not extend, renew, or otherwise restart the term of the license. The license granted for the commercial version will continue until it is terminated. Structured Solutions may terminate any license granted herein if you fail to comply with the terms of this Agreement. Upon the termination of a license for any reason, you must promptly return to Structured Solutions or destroy all copies of the SOFTWARE covered by the license.
Warranty and Remedies
STRUCTURED SOLUTIONS PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE EVALUATION VERSION. THE SOFTWARE ACCOMPANYING THE EVALUATION VERSION IS PROVIDED "AS IS."
For the commercial version, Structured Solutions warrants that the physical media and the documentation will be free from defects in materials and workmanship under normal use for 90 days from the date of delivery to you. Structured Solutions also warrants that the commercial version will be free from significant defects that prevent the SOFTWARE from performing substantially in the manner described in the user manual for a period of 90 days from the date of delivery to you. At Structured Solutions’ option, Structured Solutions’ sole responsibility shall be (i) to replace defective media or documentation, as the case may be, (ii) to use reasonable efforts to correct significant defects in the SOFTWARE without charge, or (iii) to refund the licensee fee paid to Structured Solutions for the applicable copy of the SOFTWARE and terminate all licenses granted to you for such copy. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
THE REMEDIES SET FORTH ABOVE WITH RESPECT TO A BREACH OF WARRANTY SHALL BE THE EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY WITH RESPECT TO THE SOFTWARE.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. By way of example, without limitation, Structured Solutions provides no warranties of any kind to any end-users accessing or otherwise using applications developed or otherwise obtained by you. The warranties do not cover damage or defects caused by or related to misuse, accident, negligence or misapplication. Because programs such as this are inherently complex, Structured Solutions does not warrant that the SOFTWARE is error-free or will operate without interruption. Furthermore, Structured Solutions does not warrant that the SOFTWARE will work with any given network or network application. You acknowledge that due to the complexity of the SOFTWARE, it is possible that use of the SOFTWARE could lead to the unintentional loss or corruption of data.
You assume all risks of such data loss or corruption; the warranties provided in this Agreement do not cover any damages or losses resulting from data loss or corruption.
The SOFTWARE is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the SOFTWARE could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). Structured Solutions expressly disclaims any express or implied warranty of fitness for High Risk Activities.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE WARRANTY LANGUAGE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASE, STRUCTURED SOLUTIONS’ LIABILITIES SHALL BE LIMITED BY THE PROVISION BELOW ENTITLED "LIMITATION ON LIABILITY."
Limitation on Liability
IN NO CASE SHALL STRUCTURED SOLUTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF STRUCTURED SOLUTIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL STRUCTURED SOLUTIONS’ LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO STRUCTURED SOLUTIONS.
U.S. Government Licensing Rights
If the SOFTWARE is licensed under a U.S. Government contract, you acknowledge that the SOFTWARE are "commercial items," as defined in 48 C.F.R 2.01, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1. You also acknowledge that the SOFTWARE is "commercial computer software" as defined in 48 C.F.R. 252.227-7014(a)(1). U.S. Government agencies and entities and others acquiring under a U.S. Government contract shall have only those rights, and shall be subject to all restrictions, set forth in this Agreement.
You agree to abide by the terms of the following notice, if such notice appears in or on the packaging for the SOFTWARE, and you agree not to remove such notice from the SOFTWARE.
The internal laws of the State of Oregon shall control this Agreement. This Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods and will be deemed a contract under seal.
This Agreement is the complete agreement between you and Structured Solutions concerning the SOFTWARE. The failure or delay of Structured Solutions to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.
No Structured Solutions dealer, agent or employee is authorized to make any amendment to this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.
You agree that you will not use the SOFTWARE to develop derived works that offer similar functionality as the SOFTWARE or expose the features of the SOFTWARE for use by an unlicensed third party.
If you have any questions concerning this Agreement or the SOFTWARE, you may contact Structured Solutions’ customer service at www.structured-solutions.net.
You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
Shipper Software License Agreement (rev. 1.2)
Copyright ©2006 by Structured Solutions
All Rights Reserved