End user agreement for Easy Budget Center
END-USER LICENSE AGREEMENT
FOR EASY BUDGET CENTER
Important – please read
Notice to User
This is a contract. By installing this software you accept all the terms and conditions of this agreement.
This Ingeletek (“Ingeletek, Inc.”) End-User Licence Agreement (“EULA”) accompanies the EASY BUDGET CENTER software (“Software”). The term “Software” shall include, but is not limited to, all information and documentation supplied or made available to you. Please read this agreement carefully. Permission to install, load and/or use the Software is conditional upon you accepting the terms of this agreement. Do not install, load and/or use the Software until you have read and accepted all terms of the EULA and wish to become a licensee of the Software. Acceptance will bind you and all your employees (if any) to the terms of the EULA. By installing, loading or using the Software you will be deemed to have accepted the terms of the EULA and agree to be bound by them. If you do not accept any or all of the terms, then do not install, load or use the Software.
License and Warranty
The Software that accompanies this license is the property of Ingeletek, Inc. and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
1. Grant of License
This EULA grants you the following rights:
• General use:
(a) Desktop License: If you have a Desktop License, then you may install, access, display, use, run or otherwise interact with (“Run”) one copy of the Software, or any prior version for the same operating system, on a single non-server computer, such as a desktop computer, workstation, pager, handheld PC, or “smart phone” (“Computer”).
(b) Server License: If you have a Server License, then you may install, access, display, use, run or otherwise interact with (“Run”) one copy of the Software, or any prior version for the same operating system, on a single server computer (“Computer”).
• Storage/Network use: You may also store a copy of the Software installation package on a storage device, such as a network server, used only to install the Software on your other Computers over an internal network; however, you must acquire and dedicate a valid license for each separate Computer on which the Software is installed. A license for the Software may not be used concurrently or shared on different computers.
• Reservation of rights: All rights not expressly granted are reserved by Ingeletek, Inc..
2. Description of other Rights and Limitations
This EULA grants you other rights and limitations:
• Evaluation and Beta Software: This Software is not freeware software. If you have received an evaluation or beta copy of the Software then, notwithstanding other terms of this EULA, you are hereby licensed to use the evaluation or beta version of the Software for a period of 30 days only for demonstration, testing, and/or evaluation purposes and you may not resell, or otherwise transfer for value, the Software.
• Academic Edition Software: If the Software is identified as “Academic Edition”, you must be a “Qualified Educational User” to use the Software. If you are not a Qualified Educational User, you have no rights under this EULA.
• 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 not withstanding this limitation.
• 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.
• Rental: You may not rent, lease or lend the Software.
• Software transfer: You may permanently transfer all your rights under this EULA, provided you retain no copies, you transfer all of the Software (including all components, the media and printed materials, any upgrades, updates, and modified versions, and this EULA), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software.
• Trademarks: This EULA does not grant you any rights in connection with any trademarks, registered trademarks or service marks of Ingeletek, Inc..
• Support Services: The Licensor may provide you with support services related to the Software (“Support Services”). Use of Support Services is governed by the Licensor’s policies and programs described in the user manual, in “online” documentation, and/or in other materials provided by the Licensor. Any supplemental code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this EULA. With respect to technical information you provide to Licensor as part of the support services, the Licensor may use such information for its business purposes, including for product support and development.
• Termination: This EULA will terminate immediately without notice and without prejudice to the remaining legal rights of the Licensor if you fail to comply with any term or condition of the EULA. This EULA will also terminate without further action or notice by the Licensor if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrative receiver or receiver appointed or suffer or file any similar action in consequence of debt. Upon termination of this EULA for any reason you will destroy the Software together with all copies in any form, including copies on your hard and back-up disks. Any use of any copies of the Software after termination of this EULA is unlawful.
If the Software is an upgrade from another product, whether from Ingeletek, Inc. or another supplier, you may use or transfer the Software only in conjunction with that upgraded product. If the Software is an upgrade of a Ingeletek, Inc. product, you may use that upgraded product only in accordance with this EULA. If the software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software 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.
All title and copyrights in and to the Software (including but not limited to any images, animations, video, audio, music, photographs, icons, text and “applets” incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by the Licensor or its suppliers. All title and intellectual property rights in and to the content that may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
5. Dual-Media Software
You may receive the Software 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 Run the other medium on another Computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user.
6. Backup Copy
After installation of one copy of the Software pursuant to the EULA, you may keep the original media on which the Software was provided by the Licensor solely for backup or archival purposes. If the original media is required to use the Software on the Computer, you may make one copy of the Software solely for backup or archival purposes. If the Software did not come on an original medium (for example, it was downloaded), you may make one copy of the Software installation package and license file solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Software or the documentation accompanying the Software.
7. Limited Warranty on Media (if applicable)
The Licensor warrants the media on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original purchase. Your exclusive remedy under this paragraph shall be, at the Licensors option, a refund of the purchase price of the Software or replacement of the Software, which is returned to the Licensor with a copy of the receipt.
This limited warranty and any implied warranties on the media including the implied warranties of merchantability and fitness for a particular purpose are limited in duration to ninety (90) days from the date of original purchase. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you and if those exclusions do not apply to you, they are excluded only to the extent necessary to comply with the laws of the applicable jurisdiction. The limited warranty set forth herein is exclusive and in lieu of all others, whether oral or written, express or implied. The Licensor specifically disclaims all other warranties. This limited warranty give you specific legal rights, and you may also have other rights that vary by jurisdiction.
8. Disclaimer of Warranty on Software
You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided “AS IS” and without warranty of any kind and the Licensor expressly disclaims all warranties and/or conditions, express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and noninfringement of third party rights.
The Licensor does not warrant that the functions contained in the Software will meet your requirements, or that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected. Furthermore, the Licensor does not warrant or make any representations regarding the use or the results of the use of the Software, including related documentation, in terms of correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by the Licensor shall create a warranty or in any way increase the scope of this warranty. Should the Software prove defective, you (and not the Licensor) assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you and if those exclusions do not apply to you, they are excluded only to the extent necessary to comply with the laws of the applicable jurisdiction. The terms of this disclaimer do not affect or prejudice your statutory consumer rights.
9. Limitation of Liability
Under no circumstances will the Licensor be liable to you or any other person, firm, company or any other body for any loss, direct, indirect or consequential, in contract or in tort or any negligent misstatement or omission, by reason of, arising from or in relation to the EULA., the Software, the use of or inability to use the Software or any document created using the Software or any reliance on the Software or any document created using the Software.
In the event that the Licensor is, notwithstanding the exclusion of liability set out in this EULA, held to be liable for any reason then such liability shall be limited to the maximum extent permitted by law to an amount equivalent to the license fee paid by you.
Some jurisdictions do not allow exclusion of liabilities, so depending on the jurisdiction in which you obtained this EULA, the exclusions set out above or anything else in this EULA may not apply to you and if those exclusions do not apply to you, they are excluded only to the extent necessary to comply with the laws of the applicable jurisdiction.
10. Partial Confidentiality
Ingeletek respects your privacy. E-mail addresses, personal information, etc. are not given by Ingeletek to other people or organizations unless required to do so by law. Although personal information shall be held confidential, suggestions, feedback, software, or product ideas shall be deemed non-confidential.
Ingeletek, Inc. shall have the right to use any concepts, know-how, techniques or ideas contained in or relating to your information, without any compensation to you, provided Ingeletek, Inc. does not infringe copyright or patents you may have. You understand and acknowledge that, so long as Ingeletek, Inc. does not infringe any patent or copyright rights you may have, Ingeletek, Inc. may use, market, publish and distribute products and services that compete with, or are similar to, your information.
11. Compliance with Laws
You agree to use the Software in compliance with all local laws and regulations and you agree to comply with all export restrictions including the export control laws and regulations of the United States.
12. Controlling Law and Severability
If there is a local subsidiary of Ingeletek, Inc. in the country in which this EULA was obtained, then the local law in which the subsidiary sits shall govern this EULA. Otherwise, this EULA shall be governed by the laws of the United States. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
Failure or delay by the Licensor in enforcing any rights or provision of this EULA is not deemed to be a waiver of such provision or right with respect to any breach.
You may not assign, transfer, sub-license or otherwise dispose of your interest in this EULA without prior written approval from the Licensor.
The English language version of this EULA prevails over any other language version.
14. Complete Agreement
This EULA constitutes the entire agreement between you and the parties with respect to the use of the Software and supercedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by an authorized representative of Ingeletek, Inc..