End user agreement for Project Tracker11
END-USER LICENSE AGREEMENT FOR SCADEX LLC SOFTWARE
IMPORTANT--READ CAREFULLY: This SCADEX LLC End-User License Agreement ("EULA") is a legal agreement
between you (either an individual or a single entity) and SCADEX LLC Corporation for the SCADEX LLC software product
identified above, which includes computer software and may include associated media, printed materials, and
"online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the
SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this
EULA, do not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The
SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
a. Software Product. SCADEX LLC grants to you as an individual, a personal, nonexclusive license to make and use copies of the SOFTWARE for the sole
purposes that are designed for the product. Except as provided in Section 2(a), you may install copies of the SOFTWARE on an unlimited number of computers provided that you are the only
individual using the SOFTWARE. If you are an entity, SCADEX LLC grants you the right to designate one individual within your organization to have the right to
use the SOFTWARE in the manner provided above.
b. Electronic Documents. Solely with respect to electronic documents included with the SOFTWARE, you may make an unlimited number of copies (either
in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.
c. Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to
install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each
separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not
be shared or used concurrently on different computers.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a.. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE
PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
b.. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than
c. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
d.. Support Services. SCADEX LLC may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services
is governed by the SCADEX LLC policies and programs described in the user manual, "online" documentation, and/or other SCADEX LLC-provided materials. Any
supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms
and conditions of this EULA. With respect to technical information you provide to SCADEX LLC as part of the Support Services, SCADEX LLC may use such
information for its business purposes, including for product support and development. SCADEX LLC will not utilize such technical information in a form that
personally identifies you.
e. Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE
PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity),
and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the
f.. Termination. Without prejudice to any other rights, SCADEX LLC 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 PRODUCT and all of its component parts.
g. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by SCADEX LLC as being eligible
for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that
formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the
SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT
may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio,
music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT
are owned by SCADEX LLC or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must
treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on
a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive,
you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan,
rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is SCADEX LLC Corporation/One SCADEX LLC Way/Redmond, WA 98052-6399.
7. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (i) the SOFTWARE or
related documentation and technical data or (ii) your software product as described in Section 1(d) of this EULA (or any part thereof), or process, or service that is
the direct product of the SOFTWARE PRODUCT, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute,
without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as
may have jurisdiction over such export or transmission.
If you acquired this product in the United States, this EULA is governed by the laws of the State of Washington.
If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the
jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial
District of York, Province of Ontario.
If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact SCADEX LLC for any reason, please contact the SCADEX LLC subsidiary serving your
country, or write: SCADEX LLC Sales Information Center/ PO Box 1492 Exton, PA
LIMITED WARRANTY. Except with respect to the REDISTRIBUTABLES, which are provided "as is," without warranty of any kind, SCADEX LLC
warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days
from the date of receipt, and (b) any Support Services provided by SCADEX LLC shall be substantially as described in applicable written materials provided
to you by SCADEX LLC, and SCADEX LLC support engineers will make commercially reasonable efforts to solve any problem issues. 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 PRODUCT, if any, are limited to ninety (90) days.
CUSTOMER REMEDIES. SCADEX LLC's and its suppliers' entire liability and your exclusive remedy shall be, at SCADEX LLC's option, either (a) return of the price paid,
if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet SCADEX LLC's Limited Warranty and that is returned to SCADEX LLC with a copy of
your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement
SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States,
neither these remedies nor any product support services offered by SCADEX LLC are available without proof of purchase from an authorized international
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICRO-
SOFT 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 PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY
HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL SCADEX LLC 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 INFOR-
MATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES,
EVEN IF SCADEX LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,
SCADEX LLC'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 PRODUCT OR
US$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A SCADEX LLC SUPPORT SERVICES
AGREEMENT, SCADEX LLC'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE
GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.