End user agreement for AccuSpell 2008
End-User License Agreement for AccuSpell
THIS SOFTWARE END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND ISOTA. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING, COPYING, OR USING THE SOFTWARE THAT ACCOMPANIES THIS EULA, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.
This EULA is a legal agreement between you (either an individual or a single entity) and Isota LLC ("Isota"). This EULA governs the “Software”, which includes a) computer software (including online and electronic documentation) and any associated media and printed materials and b) the “Trial Software”, which means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period, after which the Trial Software will cease operating. This EULA applies to updates, supplements, and add-on components of the Software that Isota may provide or make available to you unless Isota provides other terms with the update, supplement, or add-on component. This EULA also governs any product support services relating to the Software except as may be included in another agreement between you and Isota.
2. GRANT OF LICENSE.
a. You may install and use the Software on a single computer; or install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. Except as otherwise provided in Section 2(b), a license for the Software may not be shared, installed or used concurrently on different computers.
b. The primary user of the computer on which the Software is installed may make a second copy of the Software and install it on either a portable computer or a computer located at his or her home for his or her exclusive use, provided that: (A) the second copy of the Software on the portable or home computer (i) is not used at the same time as the copy of the Software on the primary computer and (ii) is used by the primary user solely as allowed for such version or edition (such as for educational use only), (B) the second copy of the Software is not installed or used after the time such user is no longer the primary user of the primary computer on which the Software is installed, and (C) the Software was not licensed under a volume discount.
c. You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You may not sell or transfer any copy of the Software made for backup purposes.
d. Your rights under this EULA are non-exclusive.
e. Mandatory Product Activation. The license rights granted under this EULA may be limited to the first twenty-five (25) days after you first install the Software unless you supply information required to activate your licensed copy in the manner described during the setup sequence of the Software. You will need to activate the Software through the use of the Internet. There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Isota may use those measures and you agree to follow any requirements regarding such technological measures. You may also need to reactivate the Software if you modify your computer hardware or alter the Software. Product activation is based on the exchange of information between your computer and Isota. None of this information contains personally identifiable information nor can they be used to identify any personal information about you or any characteristics of your computer configuration.
The Software is owned by Isota LLC and is protected by United States copyright laws and international treaty provisions. Isota and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, 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 all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Isota and its suppliers.
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is pursuant to Section 5.
5. USAGE RESTRICTIONS.
You may not rent or lease the Software, but you may transfer the Software provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, the serial numbers, and, if applicable, all other software products provided together with the Software), and the recipient agrees to the terms of this EULA. If the Software is an update, any transfer must include the update and all prior versions.
You may not reverse engineer, decompile, or disassemble the Software.
Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Trial Software, (B) download the Trial Software under more than one username, or (C) alter the contents of a hard drive or computer system to enable the use of the Trial Software for an aggregate period in excess of the trial period for one license to such Trial Software.
6. ENHANCEMENTS AND UPDATES.
From time to time, at its sole discretion, Isota may provide enhancements, updates, or new versions of the Software on its then standard terms and conditions thereof. This EULA shall apply to such enhancements.
7. LIMITED WARRANTY.
You assume all responsibility for the selection of the Software as appropriate to achieve the results you intend. Except with respect to any Trial Version of the software, Isota warrants that the physical media upon which the Software is furnished shall be free from defects in material and workmanship under normal use and conditions, and that the Software shall perform substantially as described in its documentation for a period of ninety (90) days from purchase. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ISOTA PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR ANY TRIAL VERSION OF THE SOFTWARE. ANY TRIAL VERSION OF THE SOFTWARE IS PROVIDED "AS IS".
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ISOTA, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
Any warranty made under this EULA shall become void upon any violation of this EULA by you.
8. CUSTOMER REMEDIES.
Isota’s entire liability and your exclusive remedy shall be, at Isota's option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet Isota's Limited Warranty and which is returned to Isota with a copy of your receipt. 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.
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
In no event shall Isota or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of use of or inability to use this Isota product, even if Isota or its dealer have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of certain implied warranties or the limitation of the foregoing warranty or the exclusion or limitation of incidental or consequential damages, in which case and to the extent such exclusion or limitation is not allowed some of the foregoing limitations and exclusions may not apply to you.
10. U.S. GOVERNMENT RESTRICTED RIGHTS GENERAL PROVISION.
You shall have no right to sub-license any of the rights of this EULA, for any reason. In the event of the breach by you of this EULA, you shall be liable for all damages to Isota, and this EULA shall be terminated. If any provision of this EULA shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining portions of this EULA shall not be affected or impaired thereby. This EULA constitutes the entire agreement between the parties for the supply of the Software and its associated documentation and supersedes all prior arrangements, agreements, representations, and undertakings. This EULA may not be changed or modified except by a written instrument duly executed by each of the parties hereto.
This EULA shall be governed by and construed in accordance with the laws of the State of Florida, without reference to conflict of laws principles. You shall be responsible for the payment of all taxes, duties, or levies that may now or hereafter be imposed by any authority upon this EULA for the supply, use, or maintenance of the Software, and if any of the foregoing taxes, duties, or levies are paid at any time by Isota, you shall reimburse Isota in full upon demand.
You acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions. Venue for any action brought to enforce, interpret or in any way related to this EULA shall be in a court of the appropriate jurisdiction in Miami-Dade County, Florida.