End user agreement for SkillFusion Development Engine
SkillFusion Development Engine, 5.2
Posted: June 1, 2004
END-USER LICENSE AGREEMENT FOR INTEGRASOFT SOFTWARE
FOR USE IN THE US AND CANADA ONLY
IMPORTANT - READ CAREFULLY:
This End-User License Agreement ("EULA") is a legal agreement between you (either an
individual or a single entity) and IntegraSoft, Inc. for the IntegraSoft software that
accompanies this EULA, which includes customization of the Software, associated media,
documentation, application templates, and SkillFusion Internet based services
("Software"). An amendment or addendum to this EULA may accompany the Software.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE
SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
1. Grant of License
IntegraSoft grants you the following provided that you comply with all terms and
conditions of this EULA:
If you have acquired a trial license to use this Software, you may install and use the
Software on a single computer, solely to evaluate such Software and test its
compatibility with other products for the period of time described in the receipt and
associated documentation ("Packaging Materials") that accompany the Software (the "Trial
Period"). The Trial Period begins on the date that you first click the "Next" button on
the End User License Agreement screen in the installation program.
If you have purchased a subscription license to use this Software, you may install and
use the Software on a single computer, for the period of time described in the packaging
materials that accompany the Software (the "Subscription Period"). The Subscription
Period shall begin on the date of purchase of the subscription license.
If you have purchased a perpetual license to use this Software, you may install and use
the Software on a single computer, without a time limitation.
The Software is licensed as a single product; the Software may not be used on more than
one computer or by more than one user at a time. The Software is "in use" on a computer
when the Software is loaded into the temporary memory (i.e. RAM) or installed into the
permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
1.2 Product Edition.
This EULA provides you with the license to use the product features as described in the
SkillFusion.com web site for the specific features for which you have paid. Your
electronic receipt describes the product edition that you have purchased.
1.3 Multiple Licenses.
If you have purchased multiple Licenses for the Software, then at any time you may have
as many copies of the Software in use as you have Licenses.
You may not convert this Software or its component parts to a different language or
environment, either manually, or using an automated conversion tool, such that this
Software or any modifications thereof will run under any language, software, or program
other than implemented by IntegraSoft, Inc. You agree that any modifications made to
this Software belong to IntegraSoft, Inc.
1.5 Storage / Network Use.
You may store or install a copy of the Software on a storage device, such as a network
server, used only to install or run the Software on your other computers over an internal
network; however, you must acquire and dedicate a license for each separate computer on
which the Software is installed or run from the storage device. A license for the
Software may not be shared or used concurrently on different computers.
You may make one copy of the Software solely for Backup or archival purposes. You may
not copy the printed material accompanying the Software.
1.7 Time Restriction.
If are using the Software under a trial license or subscription license, the Software is
time sensitive and will not function upon expiration of the Trial Period or the
Subscription Period, respectively.
2. Description of Other Rights and Limitations
2.1 Mandatory Activation.
THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED
USE OF THE SOFTWARE. You may not be able to exercise your rights to the Software under
this EULA unless you activate your copy of the Software in the manner described during
the installation and launch sequence. You may also need to reactivate the Software if
you modify your computer hardware or alter the Software. IntegraSoft will use these
measures to confirm you have a legally licensed copy of the Software. If you are not
using a licensed copy of the Software, you are not allowed to install the Software or
future Software updates. IntegraSoft will not collect any personally identifiable
information from your device during the activation process.
2.2 Internet Services.
You may not use any SkillFusion Internet-based services associated with the Software in
any manner that could damage, disable, overburden, or impair such services or interfere
with any other party's use and enjoyment of them. You may not attempt to gain
unauthorized access to any service, account, computer systems or networks associated
with the Internet-based services.
2.3 Runtime Software Limitations.
If you build applications with this Product, you may install or deploy those applications
on up to one server for internal use. If you build applications that will be
redistributed, sold or deployed to a third party, you must purchase a SkillFusion
Distribution License for each company you redistribute to.
3. Payment Terms
If you continue to use the Software after the Trial Period or Subscription Period, you
shall pay all fees and charges specified in IntegraSoft's current fee schedule or in the
relevant sales quotation provided by IntegraSoft to you. If you do not wish to use the
Software after the Trial Period or Subscription Period, you must delete the Software
from your computer equipment or storage device.
IntegraSoft may terminate this License if IntegraSoft does not receive timely payment of
all amounts due for the use of the Software. You agree to pay any taxes, including
personal property taxes or sales taxes, resulting from your use of the Software. You
agree to pay all attorney and collection fees arising from our efforts to collect any
past due amounts from you to the extent allowed by law.
4. Reservation of Rights and Ownership
IntegraSoft reserves all rights not expressly granted to you in this EULA. The Software
is protected by copyright and other intellectual property laws and treaties.
IntegraSoft or its suppliers own the title, copyright, and other intellectual property
rights in the Software. The Software is licensed, not sold. This EULA does not grant
you any rights to trademarks or service marks of IntegraSoft. You may not remove any
copyright notices from the Software.
5. Limitations on Reverse Engineering, Decompilation, and Disassembly.
You 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
6. No Rental / Commercial Hosting.
You may not rent, lend, lease, or provide commercial hosting services with the Software.
7. Support Services.
IntegraSoft may provide you with support services related to the Software ("Support
Services"). Use of Support Services is governed by the IntegraSoft policies and programs
described in the user manual, in "online" documentation, or in other IntegraSoft-provided
materials. Any supplemental software code provided to you as part of the Support
Services shall be considered part of the Software, subject to the terms and conditions
of this EULA. With respect to technical information you provide to IntegraSoft as part
of the Support Services, IntegraSoft may use such information for business purposes,
including for product support and development. IntegraSoft will not utilize such
technical information in a form that personally identifies you.
8. Separation of Components.
The Software is licensed as a single product. Its component parts may not be separated
for use on more than one computer.
9. Not for Resale.
The Software is "Not for Resale" or "NFR"; therefore, notwithstanding other sections of
this EULA, you may not resell, or otherwise transfer for value, the Software.
10. Software Transfer.
You may permanently transfer all of your rights under this EULA, provided you retain no
copies, transfer all of the Software (including all component parts, the media and
printed materials, any upgrades, and this EULA), and the recipient agrees to the terms
of this EULA, and you receive the express written permission of IntegraSoft, Inc. If
the Software is an upgrade, any transfer must include all prior versions of the Software.
Without prejudice to any other rights, IntegraSoft may terminate this EULA if you fail
to comply with the terms and conditions of this EULA. In such event, you must destroy
all copies of the Software and all of its component parts.
12. Limited Warranty.
IntegraSoft warrants that (a) the Software will perform substantially in accordance with
the accompanying written materials for a period of ninety (90) days from the date of
purchase. Some states and jurisdictions do not allow limitations on duration of an
implied warranty, so the above limitation may not apply to you. To the extent allowed
by applicable law, implied warranties on the Software, if any, are limited to ninety
12.1 Customer Remedies.
IntegraSoft's and its suppliers' entire liability and your exclusive remedy shall be, at
IntegraSoft's option, repair or replacement of the Software that does not meet
IntegraSoft's Limited Warranty. This Limited Warranty is void if failure of the
Software has resulted from accident, abuse, or misapplication. Any replacement Software
will be warranted for the remainder of the original warranty period or thirty (30) days,
whichever is longer.
12.2 No Other Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTEGRASOFT AND ITS SUPPLIERS
DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
12.3 No Liability For Consequential Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTEGRASOFT OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEGRASOFT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, INTEGRASOFT'S ENTIRE LIABILITY
UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY
PAID BY YOU FOR THE SOFTWARE OR U.S. $5.00. BECAUSE SOME STATES AND JURISDICATIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to allow your company name to be listed as a customer on the SkillFusion
website and other marketing materials. Your individual name will not be used, except as
14. Government Use - Restricted Rights.
This Software is provided with Restricted Rights. The Software is deemed to be
"commercial computer Software" and "commercial computer Software documentation,"
respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable.
Any use, modification, reproduction release, performance, display or disclosure of the
Software and accompanying documentation by the U.S. Government shall be governed solely
by the terms of this EULA and shall be prohibited except to the extent expressly
permitted by the terms of this EULA.
15. Export Restrictions.
You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to
comply with all applicable international and national laws that apply to the Software,
including the U.S. Export Administration Regulations, as well as end-user, end-use, and
destination restrictions issued by U.S. and other governments.
This EULA is governed by the laws of the State of Georgia and the United States, without
reference to conflict of laws principles. This EULA is the entire agreement between you
and IntegraSoft and supercedes any other communications or advertising with respect to
the Software. If any provision of this EULA is held invalid, the remainder of this EULA
shall continue in full force and effect.
IntegraSoft may terminate this EULA upon notice at any time if you breach any terms of
Should you have any questions concerning this EULA, or if you desire to contact
IntegraSoft for any reason, please contact or write:
IntegraSoft, Inc., 2380 Buford Drive, Suite 106 - PMB 425, Lawrenceville, GA 30043 or