End user agreement for Radialix
Radialix End User License Agreement
IMPORTANT: This software end user license agreement ("EULA") is a legal
agreement between you and Radialix Software. 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 and using the Software, you are confirming your
acceptance of the software and agreeing to become bound by the terms of this
agreement. If you do not agree with the terms of this EULA, do not install
or use the Software.
1.1 "Add-on" means a separate component which works in conjunction with
Radialix products to provide additional or enhanced functionality.
Add-ons include, but are not limited to, plug-ins, macros and libraries.
1.2 A "Site" is all of the licensing organization's locations within a 100
mile or 160 km radius of the license purchase address.
1.3 "Software" means only the licensed Radialix software program(s),
Add-ons, and third party software programs supplied by Radialix Software and
corresponding documentation, online or electronic documentation, and, if
any, associated media and printed materials.
2. License Grants
The licenses granted in this section are subject to the terms and conditions
set forth in this EULA.
2.1 Upon your acceptance of this Agreement Radialix Software grants you a
non-exclusive, non-transferable (except as provided below), limited license
to install and use the Software on compatible devices. You may install and
use the Software as permitted by the license type purchased as described
below. The license type purchased is specified in the product receipt.
2.2 License Types
2.2.1 Personal License: Under the terms of a Personal License, you may
install a reasonable number of copies of the Software provided that
the specific Named User is the only individual permitted to use
the Software. A "Named User" is a specific individual designated by you
to use the Software. A non-human operated device is counted as a Named User
if such device utilizes the Software. A Personal License may not be used
concurrently on different computers.
2.2.2 Company License: Under the terms of a Company License,
you may distribute and install internally within one Site in your
organization 1 copy of the Software for each Company License.
2.2.3 Trial License: Under the terms of a Trial License you may install and
use the Software on a single computer only. A Trial License may not be
shared, installed nor used concurrently on different computers. A Trial
License may be used only to review, demonstrate and evaluate the Software
for a limited time period or limited number of uses. The Trial Version of
the Software may have limited features and will cease operating after a
predetermined amount of time or number of uses based on an internal
mechanism within the Trial Version.
2.2.4 Education License: Under the terms of an Education License, the
Software may only be used by a student or a faculty/staff member for
educational purposes while actively studying or teaching at an educational
institution and for no other purpose. You may install and use the Software
on a reasonable number of computers provided the software is only used by
the licensed user. An Educational License may not be shared or used
concurrently on different computers. Educational Licenses may not be used
for commercial, professional, or for-profit purposes.
2.3 Regardless of which version of the Software you have acquired, you may
make one archival (backup) copy of the Software. The archival copy may not
be used or installed as long as another copy of the Software is installed on
2.4 Prior Versions of the Software may be installed on the same computer
with a properly licensed current version of Software. A Prior Version may be
used by a properly licensed user in place of the current version of the
software. The prior version is not an additional license of the Software, it
may be used only as a substitute for the current version.
2.5 You agree that Radialix Software may audit your use of the Software for
compliance with these terms at any time, upon reasonable notice. In the event
that such audit reveals any use of the Software by you other than in full
compliance with the terms of this Agreement, you shall reimburse Radialix
Software for all reasonable expenses related to such audit in addition
to any other liabilities you may incur as a result of such non-compliance.
3. License Restrictions
Except to the extent contrary to applicable law:
3.1 The Software is licensed as a single product. The Software and its
constituent parts, such as any provided Add-ons or other files, may not be
reverse engineered, decompiled, disassembled or separated for use on more
than one computer, nor placed for distribution, sale, or resale as
individual creations by you.
3.2 The provision of source code, if included with the Software, does not
constitute transfer of any legal rights to such code, and resale or
distribution of all or any portion of all source code and intellectual
property will be prosecuted to the fullest extent of all applicable local,
federal and international laws. All Radialix and other files
remain Radialix Software exclusive property. If source code or modifiable files
are provided, regardless of any modifications that you make, you may not
redistribute them unless Radialix Software has expressly designated these as
re-distributable. Under no circumstances may Add-ons owned and distributed
by Radialix Software be copied or distributed.
3.3 Other than as expressly set forth in Section 2, you may not make or
distribute copies of the Software, or electronically transfer the Software
from one computer to another or over a network.
3.4 You may not alter, merge, adapt or translate the Software, or decompile,
reverse engineer, disassemble, or otherwise reduce the Software to a
3.5 Unless otherwise provided herein, you may not rent, lease, or sublicense
the Software. Unless otherwise expressly authorized in a separate written
agreement between, and executed by, you and Radialix Software, you may not use, or
permit the use of, the Software on a timeshare or service bureau basis. In
addition, unless otherwise expressly authorized in a separate written
agreement between, and executed by, you and Radialix Software, you may not host,
on a subscription basis or otherwise, the Software to permit a third party
to use the Software for any reason.
3.6 Other than as expressly set forth in Section 2 hereof, you may not
modify the Software or create derivative works based upon the Software.
3.7 Education Versions may not be used for, or distributed to any party for,
any commercial purpose.
3.8 Unless otherwise provided herein, you shall not (A) in the aggregate,
install or use more than one copy of the Trial Version of the Software, (B)
download the Trial Version of the Software under more than one username, (C)
alter the contents of a hard drive or computer system to enable the use of
the Trial Version of the Software for an aggregate period in excess of the
trial period for one license to such Trial Version, (D) disclose the results
of software performance benchmarks obtained using the Trial Version to any
third party without Radialix Software has prior written consent, (E) use the Trial
Version for any application deployment or ultimate production purpose, or
(F) use the Trial Version of the Software for a purpose other than the sole
purpose of determining whether to purchase a license to the Software;
provided, however, notwithstanding the foregoing, you are strictly
prohibited from installing or using the Trial Version of the Software for
any commercial training purpose.
3.9 You may not use the Software to create any product that directly or
indirectly competes with the Software.
3.10 In the event that you fail to comply with this EULA, Radialix Softyware may
terminate the license and you must destroy all copies of the Software (with
all other rights of both parties and all other provisions of this EULA
surviving any such termination).
4. Upgrades and Bundles
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 transfer the earlier
version of the Software to another person or entity unless such transfer is
pursuant to Section 5.
5. Limited Transfer Rights
Notwithstanding the foregoing, you may transfer all your rights to use the
Software to another person or legal entity provided that: (a) you also
transfer each instance of this Agreement, the Software and all other
software or hardware bundled or pre-installed with the Software, including
all copies, updates and prior versions to such person or entity; (b) you
retain no copies, including backups and copies stored on a computer; (c) the
receiving party secures a personalized license from Radialix Software; and (d) 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
Software. Notwithstanding the foregoing, you may not transfer trial,
education, pre-release, or not-for-resale copies of the Software.
6. Support Services
Radialix Software may provide you with support services related to the Software.
Use of any such support services is governed by Radialix Software policies and
programs described in online documentation and/or other Radialix Software -provided
As part of these support services, Radialix Software may make available bug lists,
planned feature lists, and other supplemental informational materials.
RADIALIX SOFTWARE MAKES NO WARRANTY OF ANY KIND FOR THESE MATERIALS AND ASSUMES NO
LIABILITY WHATSOEVER FOR DAMAGES RESULTING FROM ANY USE OF THESE MATERIALS.
FURTHERMORE, YOU MAY NOT USE ANY MATERIALS PROVIDED IN THIS WAY TO SUPPORT
ANY CLAIM MADE AGAINST RADIALIX SOFTWARE.
Any supplemental software code or related materials that Radialix Software
provides to you as part of the support services, in periodic updates to the
Software or otherwise, is to be considered part of the Software and is
subject to the terms and conditions of this EULA.
With respect to any technical information you provide to Radialix Software as part
of the support services, Radialix Software may use such information for its
business purposes without restriction, including for product support and
7. Software Activation, Updates And License Metering
7.1 License Metering. Radialix Software may use license metering software to help
you avoid any unintentional violation of this Agreement. The license
metering software may use your internal network for license metering between
installed versions of the Software.
7.2 Software Activation. Radialix Software may use your internal
network and Internet connection for the purpose of transmitting
license-related data at the time of installation, registration or update to
an Radialix Software-operated license server and validating the authenticity of
the license-related data in order to protect Radialix Software against unlicensed
or illegal use of the Software and to improve customer service. Activation
is based on the exchange of license related data between your computer and
an Radialix Software-operated license server. You agree that Radialix Software may use
these measures and you agree to follow any applicable requirements.
7.3 Update Notification Service. Radialix Software may provide a free update
notification service with the Software. An update notification service may
use your internal network and Internet connection for the purpose of
transmitting license-related data to an Radialix Software -operated update
notification server at appropriate intervals and determine if there is any
update available for the Software and notify you of its availability.
8. Ownership The foregoing grants of rights give you limited license to use
the Software. Except as expressly provided in this Agreement, Radialix Software
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
improvements, modifications, derivative works, and applications you may
develop), and all copies thereof. All rights not specifically granted in
this EULA, including Federal and International Copyrights, are reserved by
Radialix Software and its suppliers.
9. Limited Warranty and Disclaimer
9.1 Except with respect to the Sample Code, the Trial Version, Radialix
Software warrants that, for a period of sixty (60) days from the date of
delivery (as evidenced by a copy of your receipt): when used with
a recommended hardware configuration, the Software will perform in
substantial conformance with the documentation supplied with the Software.
9.2 RADILIX SOFTWARE PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR
IMPLIED, FOR THE SAMPLE CODE, THE TRIAL VERSION,
OR ANY PRE-RELEASE VERSIONS OF THE SOFTWARE. THE SAMPLE CODE, THE TRIAL
VERSION AND ANY PRE-RELEASE VERSIONS OF THE
SOFTWARE ARE PROVIDED "AS IS".
9.3 EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO
SOFTWARE OTHER THAN THE SAMPLE CODE AND THE TRIAL VERSION AND ANY
PRE-RELEASE VERSIONS, RADILIX SOFTWARE AND ITS SUPPLIERS DISCLAIM
ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR
OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE
OR QUIET ENJOYMENT. RADILIX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE IS
ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES
REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS
EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED
FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING
WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR
TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. RADILIX SOFTWARE
SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH
9.4 IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE,
ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE
9.5 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RADILIX SOFTWARE, ITS
DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY
WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
9.6 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION.
10. Intellectual Property Rights
If the licensed right of use for the Software is purchased by you with an
intent to reverse engineer, decompile, or illegally transfer any
intellectual property, trade secrets, including any exposed methods or
source code where provided, no right of use shall exist, and any products
created as a result shall be judged illegal by definition of all applicable
law. Any sale or resale of intellectual property or created derivatives so
obtained will be prosecuted to the fullest extent of all local, federal and