End user agreement for ExplorerBarXP
END-USER LICENSE AGREEMENT
IMPORTANT—READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Teebo Software Solutions for the software ("Software") that accompanies this EULA, which includes associated media ("Materials"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE.
1. GRANT OF LICENSE.
Teebo Software Solutions grants you the following specific rights provided that you comply with all of the terms and conditions of this EULA. The use of any software or code provided by Teebo Software Solutions (“Software”) shall be subject to the terms and conditions of this EULA. “Software” includes, but is not limited to, files, Materials incorporated in the Software, documentation, and data accompanying the Software. You may not install or use any of the Software until you have read, and agreed to the EULA provided with the Software. Teebo Software Solutions retains all right, title and interest in and to the Software, including all intellectual property rights therein. Any Software provided by Teebo Software Solutions is downloaded at your own risk, and you assume the complete and exclusive responsibility for any and all losses, damages or liabilities that may result.
The Software has been provided to you with limited rights depending on the type of License that was purchased. Single user licenses may be used exclusively by one person. Site licenses allow for unlimited installation and use by any number of people at a single geographic location, inclusive of a fifty (50) mile radius (the "Site"). Enterprise licenses allow for unlimited installation and use by any number of people anywhere within an organization, regardless of geographic location. This License allows for the software to be installed on more than one computer (and/or virtual machine), provided that only one person accesses the software. If more than one developer needs to access the software, an additional license must be purchased for each developer.
3. INSTALLATION AND USE.
You May: (a) install and use the Software on one personal computer for each license purchased; and (b) install one additional copy of the Software for the exclusive use of the primary user(s) of the first copy of the software, either on a second personal computer, or on another portable device; and (c) make a single electronic archival copy of the Software solely for the purpose of making backups; and (d) install several additional copies to be run in a virtual machine, so long as it exists for the exclusive use of the primary user(s) of the first copy of the software, for the purpose of testing, and (e) distribute file(s) that have been specifically designated as re-distributable to end-users (no royalties due). You May Not: (a) create or distribute copies of the Software for any purpose other than those granted above; or (b) create, use, or distribute any method for disabling any anti-piracy features that may be present; or (c) remove, obscure, or modify any copyright, trademark, and/or patent notices; or (d) alter, decompile, disassemble, debug, or in any way reverse engineer the Software or attempt to derive its source code or algorithmic functions.
You may make a single copy the Software solely for the purpose of backup or archival. You may not make copies of the documentation in any way, other than as provided for as part of an archival of the entire Software package.
5. SOFTWARE TRANSFER.
You may not rent, lease, sublicense, or in any way transfer the Software or Materials. You may transfer the Software to another personal computer, provided that it has been completely removed from the personal computer on which it was originally installed. You may permanently transfer all of your rights under the EULA, provided that you retain no copies of the Software or Materials, that you transfer all the Software and Materials, and that the recipient agrees to the terms and conditions of the EULA as it exists on the date of transfer.
If you are using Software and Materials that have been designated as an "evaluation copy", "demo version" or other similar designation ("Demo Software"), then you are subject to the following additional restrictions: a) you are granted a limited license to use the Demo Software and Materials for a period of sixty (60) days counted from the day of installation (the "Evaluation Period"); b) upon completion of the Evaluation Period, you shall either i) delete the Demo Software and Materials from the personal computer containing the installation, as well as any copies of the installation package, or you may ii) contact Teebo Software Solutions or one of its authorized dealers to purchase a license(s) of the Software, which is subject to the terms and limitations contained in the EULA that accompanies the Software; and c) any software developed using the Demo Software may not be distributed or used for any commercial purpose, including, but not limited to, production usage, advertising, screenshots, demonstrations, and deployment. Demo Software may contain technological restrictions that prevent the usage of some functions, or otherwise disables or cripples portions of the Software.
7. INSTALLATION KEY.
Your Software may have come with a unique installation key (the "Install Key"), which allows for the installation and registration of the Software. The Install Key is subject to the restrictions set forth in this EULA and may not be disclosed or distributed either with your Developed Software or in any other way. The disclosure or distribution of the Install Key shall constitute a breach of this EULA, the effect of which shall be the immediate and automatic termination and revocation of all the rights granted herein.
Without prejudice to any other rights it may have, Teebo Software Solutions may terminate this EULA and the Licenses if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the Software and Materials, and may need to provide verification that such actions have been taken.
If you are in breach this EULA, Teebo Software Solutions may terminate your rights under this agreement at any time, by notifying you in writing. You may be required to return all Software and related materials, and verify the destruction of any backup copies and previous installations. Teebo Software Solutions may also exercise its other legal rights at its discretion. Teebo Software Solutions may act at any time to enforce this agreement.
You agree to defend, indemnify and hold Teebo Software Solutions, its affiliates and their officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including attorneys' fees, arising from or related to your (a) use of the Software, (b) use of the Materials, or (c) violation of any of this EULA.
11. NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Software, you will not use the Software or Materials within for any purpose that is unlawful or prohibited by this EULA. Teebo Software Solutions reserves the right at all times to disclose any information as Teebo Software Solutions deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Teebo Software Solutions' sole discretion.
12. JURISDICTION AND APPLICABLE LAWS.
This software is provided by Teebo Software Solutions from its home offices in Woonsocket, Rhode Island, U.S.A. Unless otherwise specified, the Materials are presented solely for the purpose of promoting Teebo Software Solutions and its products within the United States, its territories, possessions and protectorates. Teebo Software Solutions makes no representation or warranty that the Software or the Materials are appropriate or available for use in territories outside of the United States. Access, downloading or use of such Software and Materials in territories where such Software or Materials are illegal is prohibited. You agree to comply with all laws, rules and regulations applicable to your downloading or use of the Software and Materials available on or through this Site, including, but not limited to, all United States export control laws, rules and regulations. Without limiting the generality of the foregoing, no Software or Materials may be downloaded or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Teebo Software Solutions does not authorize the transfer, by any means, of any Software, Materials or technical data from this Site to any jurisdiction prohibited by the United States export laws. You may not use, export or re-export the Software or Materials, or any copy or adaptation thereof, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are solely responsible for any liability arising therefrom. These Terms will be governed by and construed in accordance with the laws of the State of Rhode Island, without giving effect to any principles of conflicts of laws. You and Teebo Software Solutions each agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Providence County, Rhode Island, U.S.A.
13. U.S. GOVERNMENT RESTRICTED RIGHTS.
The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States 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 Teebo Software Solutions, 430 Franklin Village Drive, Suite 127, Franklin, Massachusetts 02038-4007 USA
14. WARRANTY DISCLAIMER.
THE SOFTWARE AND ALL ELEMENTS THEREOF ARE PROVIDED “AS IS”, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TEEBO SOFTWARE SOLUTIONS EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TEEBO SOFTWARE SOLUTIONS DOES NOT WARRANT (A) THAT THIS SOFTWARE WILL BE SECURE, ERROR-FREE, AND ACCURATE, (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OTHERWISE ACCESSED BY YOU THROUGH TEEBO SOFTWARE SOLUTIONS (C) THAT THE SOFTWARE AND MATERIALS AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER COMPONENTS THAT MAY BE CONSIDERED HARMFUL OR OFFENSIVE.
15. LIMITATION OF LIABILITY.
IN NO EVENT SHALL TEEBO SOFTWARE SOLUTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, SYSTEM DAMAGE, SERVICE, REPAIR, CORRECTION, LOSS OF PROFITS, SAVINGS, OR DATA) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THIS SOFTWARE AND/OR ACCOMPANYING MATERIALS, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF TEEBO SOFTWARE SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TEEBO SOFTWARE SOLUTIONS' TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR USE OF THIS SITE OR USE OF MATERIALS ACCESSIBLE FROM THIS SITE SHALL NOT EXCEED THE COST OF THE SOFTWARE PRODUCT AND/OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This EULA constitute the entire agreement between you and Teebo Software Solutions and supercede and replace any prior written or oral agreements between you and Teebo Software Solutions related to the EULA. The failure of Teebo Software Solutions to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. If any provision of the EULA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and all other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to use of the Software or otherwise arising out of or related to this EULA within one (1) year after such claim or cause of action arose. The section titles in this EULA are for convenience only and have no legal or contractual effect.
This Software and accompanying Materials, including but not limited to, text, photographs, graphics, illustrations, video, sound, software and other material (all such contents collectively referred to as “Content”) are protected under United States and international copyright laws and are the property of Teebo Software Solutions. All rights reserved. Except as expressly permitted herein, copying, distributing, transmitting, displaying, modifying, or otherwise using any Content in any form or by any means without the express written permission of Teebo Software Solutions is prohibited and may violate the copyright laws of the United States and/or other countries.
Note that Teebo Software Solutions retains all right, title and interest in and to all software, products, processes and technologies described or provided as part of the Software and Materials, and all intellectual property Rights related thereto, and nothing shall be deemed to grant you any ownership or other rights therein.
Teebo Software Solutions, OfficeMenu, TaskPaneXP, ExplorerBarXP, tssBalloonTip, tssFileDragDrop, tssHookDisc, tssNetResolve, tssSubst, tssTrayNotify, ShortcutBar, PopupNotify, OfficeMenu, OfficeMDI Tabs, teebo.com, “Building better software one component at a time.” and/or other Teebo Software Solutions products, services and logos are either registered trademarks or trademarks of Teebo Software Solutions in the U.S. and/or other countries.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227–7013 (C)(1)(ii) and FAR 52.227–19.