End user agreement for TeamIntegrator
Helicon Soft Ltd.
Mekhanichesky per. 4
Copyright (c) 2000-2006 Helicon Co.
This Helicon Soft Ltd. End-User Software License Agreement ("EULA") is a legal agreement between you (either as an individual user, corporation or single entity who will be referred to in this EULA as "You") and Helicon Soft Ltd. ("HELICON") for the TeamIntegrator software product - which includes all files included in the TeamIntegrator distribution and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By exercising your rights to install the SOFTWARE PRODUCT, you agree to be bound by the terms of this End User License Agreement ("EULA"), including the limitations and warranty disclaimers. If you do NOT agree to the terms of this EULA, you may not install nor use the SOFTWARE PRODUCT; If this is the case, please uninstall the SOFTWARE PRODUCT from your system immediately, and destroy all copies of the SOFTWARE PRODUCT and all of its component parts, source code, associated documentation, and related materials.
SOFTWARE PRODUCT LICENSE:
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. GRANT OF LICENSE.
1.1 SOFTWARE PRODUCT license grants you the right to run a single installation of the SOFTWARE on one web server and one web site for each license purchased. Each license may power one instance of the SOFTWARE PRODUCT on one domain. For each installed instance of the SOFTWARE, a separate license is required.
1.2 The SOFTWARE PRODUCT is licensed only to You. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the SOFTWARE PRODUCT in any form, on a temporary or permanent basis, without the prior written consent of HELICON.
1.3 The license is effective unlimited time unless it is terminated. You may terminate it at any time by uninstalling the SOFTWARE PRODUCT and destroying any copies in any form.
1.4 You undertake to:
- ensure that, prior to use of the SOFTWARE by your employees or agents, all such parties are notified of the terms of this EULA; and
- hold all data (including object and source codes), software listings and all other information relating to the SOFTWARE PRODUCT confidential and not at any time, during the period of the license or after its expiry, disclose the same whether directly or indirectly to any third party without consent of HELICON.
1.5 The SOFTWARE source code may be modified at your own risk.
1.6 You may not exceed the number of Licensed Users allowed by the License You purchase.
1.7 The SOFTWARE may not be used for anything that would represent or is associated with an Intellectual Property violation, including, but not limited to, engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Support Services. HELICON may provide you with support services related to the SOFTWARE PRODUCT ("SUPPORT SERVICES"). Use of SUPPORT SERVICES is governed by the HELICON policies and programs described in the "online" documentation or in other HELICON-provided materials. Any supplemental software code provided to you as part of the SUPPORT SERVICES are considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. You acknowledge and agree that HELICON may use technical information you provide to HELICON as part of the SUPPORT SERVICES for its business purposes, including for product support and development. HELICON will not utilize such technical information in a form that personally identifies you.
Termination. Without prejudice to any other rights, HELICON 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, source code, associated documentation, and related materials.
Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of HELICON.
The SOFTWARE PRODUCT is licensed, not sold, to You. All title and intellectual property rights 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 HELICON or its suppliers. All title and intellectual property rights in and to the content that is not contained in the SOFTWARE PRODUCT, but may be accessed through use of the SOFTWARE PRODUCT, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. HELICON reserves all rights not specifically granted to Licensee.
4. BACKUP COPY.
You may also make a reasonable number of archival copies of the SOFTWARE PRODUCT for backup and recovery purposes. In any case, when a copy is created, any copyright and trademark notices included in the SOFTWARE PRODUCT must be reproduced in their entirety on the copy.
5. LIMITED WARRANTY.
NO WARRANTIES. Although efforts have been made to assure that the SOFTWARE PRODUCT is date compliant, correct, reliable, technically accurate and will perform in accordance with the documentation, HELICON expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT, SUPPORT SERVICES and any related documentation are provided "as is" without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description. Any supplements or updates to the SOFTWARE PRODUCT, any (if any) service packs or hot fixes provided to you are not covered by any warranty or condition, express, implied or statutory. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with You.
6. LIMITATION OF LIABILITY AND REMEDIES.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall HELICON or its distributors be liable for any 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 this SOFTWARE PRODUCT and related materials, even if HELICON has been advised of the possibility of such damages.
Any liability for SOFTWARE PRODUCT is limited exclusively to product replacement or 30-day-refund of purchase price.
7. ENTIRE AGREEMENT.
This EULA is the entire agreement between you and HELICON relating to the SOFTWARE PRODUCT and the SUPPORT SERVICES (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE PRODUCT or any other subject matter covered by this EULA. To the extent the terms of any HELICON policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.