End user agreement for AlderPump
THIS IS LICENSE AGREEMENT, PLEASE READ CAREFULLY.
This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE PRODUCT is licensed, not sold.
End User License Agreement
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and AlderProgs Consulting Ltd (AlderProgs later on) with regard to the copyrighted software AlderProgs AlderPump (herein referred to as "SOFTWARE PRODUCT" or "SOFTWARE") provided with this EULA. The SOFTWARE PRODUCT includes computer software, any printed materials, any "online" or electronic documentation, upgrades, modified versions, updates, patches, additions and copies. Use of any software and related documentation ("Software") provided to you by AlderProgs in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the Software. By installing, copying, running, 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, AlderProgs is unwilling to license the SOFTWARE PRODUCT to you.
1. Eligible Licensees. This Software is available for license solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sub-licensing.
2. License Grant. AlderProgs grants to you a personal non-exclusive right to use the copy of the Software provided with this EULA. You agree you will not copy the Software except as permitted by this Agreement. Modifying, translating, renting, copying, or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software.
Your rights to use the SOFTWARE PRODUCT depend on the license obtained.
2a. Free license. The license is available to everybody at no cost. It allows unlimited number of installations and uses on any number of computers. You may copy or pass the Software to other parties. However (a) functionality of the SOFTWARE PRODUCT is subject to certain limitations as determined by AlderProgs, (b) you may not charge fees for the Software, and (c) the Software must be distributed unchanged including this EULA, proprietary notices, labels or marks.
2b. Evaluation license. The license is provided for evaluation purposes and allows unlimited number of installations and simultaneous uses. The license expires after predefined period of time, or number of executions, or number of successful uses, or other restriction or combination of restrictions imposed by AlderProgs now or later. Upon expiration the license is downgraded to Free as described in section 2a.
2c. Single-user license. The license is issued to a named person or legal entity. It permits use of the SOFTWARE PRODUCT on one or more computer subject to restrictions below. You can install multiple copies of the Software on more than one computer as long as (a) the software is used by the same person and (b) multiple copies are not used simultaneously by different persons. As an example you, as the primary user of the computer on which the SOFTWARE PRODUCT is installed, may also install the Software on one of your home computers or a laptop. However, the Software can not be used on a shared computer by two users connected via Terminal Services.
2d. Volume license. They are like single-user except that the same key may be shared by number of individuals permitted by the license. This license type is primarily for installation on shared machines, so individuals connected remotely can share the same license. Unlike single-user license, the license is not permitting extra home or laptop installations, each such installation counts towards the total number of obtained licenses.
2e. Backup copies. You may take as many backup copies of the SOFTWARE as needed, provided that after restoration these copies conform to license policies described above. You may not transfer the rights to a backup copy separately from transferring all rights in the SOFTWARE PRODUCT as described in “Transfers” section of this Agreement.
3. Copyright. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of AlderProgs and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software. 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 AlderProgs or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.
4. Reverse Engineering. You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Unauthorized modification of license type is strictly prohibited. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights hereunder granted by AlderProgs.
5. Transfers. You may transfer all your rights to use the SOFTWARE PRODUCT to another person or legal entity provided (a) you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity (b) you retain no copies, including copies stored on computer or other media, and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the SOFTWAR PRODUCT.
6. Disclaimer of Warranty. The Software is provided "AS IS" without warranty of any kind. AlderProgs and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Neither AlderProgs nor its suppliers 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. AlderProgs is not obligated to provide any updates or fixes to the software.
7. Limitation of Liability. AlderProgs's entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall AlderProgs or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if AlderProgs or its supplier has been advised of the possibility of such damages, or any claim by a third party.
8. Upgrades. If the SOFTWARE is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a software program which you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one computer unless allowed by your existing license. Upgrades do not create any additional licenses nor change license type; the original license is retained.
9. Usage tracking. Although the Software is not enforcing conformity to license, AlderProgs reserves rights to collect non-private statistical information about Software usage. The information may include, but not limited to number of uses or amount of work performed, user and machine name, component versions, license type, etc. AlderProgs may use collected data for analytical and advertisement purposes, license compliance checking, or other. AS A RESULT, LICENSE MAY BE REVOKED OR DOWNGRADED FOR NON-LEGITIMATE USERS.
10. Export Law Assurances. The End-User agrees that the Software is to be used only in accordance with Canadian laws and statutes, and may not be transferred or exported, directly or indirectly, to any country where it is so prohibited by Canadian laws and statutes.
11. No Liability for Consequential Damages. In no event shall AlderProgs or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this product, even if AlderProgs has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
12. Indemnification By You. If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend AlderProgs and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the Software in violation of this Agreement.
AlderProgs Consulting Ltd.