End user agreement for ASP Search Engine
STANDARD 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 Educe the manufacturer ("Manufacturer") of the computer SOFTWARE. The SOFTWARE includes computer software, and may include associated media, printed materials, and "online" or electronic documentation. Any software provided along with the SOFTWARE that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, the Manufacturer is unwilling to license the SOFTWARE to you. In such event, you may not use or copy the SOFTWARE and you should promptly delete the SOFTWARE.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE. The SOFTWARE is licensed, not sold. The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component.
Use of ASP Search Engine (hereinafter "SOFTWARE") is contingent on your agreement to the following terms:
1. GRANT OF LICENSE. This EULA grants you the following rights:
(a) Educe grants you a limited, non-exclusive license to install and use the SOFTWARE.
(b) Storage/Network Use. The SOFTWARE may not be installed, run, shared or used concurrently on or from different computers, including a workstation, terminal or other digital electronic device ("Devices"). Notwithstanding the foregoing and except as otherwise provided below, any number of Devices may access or otherwise utilise the files of the SOFTWARE. The SOFTWARE can only be installed on one server. Additional copies must be registered. Clients who access the functions of the SOFTWARE do not need a license.
(c) Back-up Copy. You may make a single back-up copy of the SOFTWARE. You may use the back-up copy solely for archival purposes. You may not otherwise make copies of the SOFTWARE.
2. DISCLAIMER OF WARRANTY. The software is provided as is without warranty of any kind. To the maximum extent permitted by applicable law, Educe further disclaims all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and noninfringement. The entire risk arising out of the use or performance of the product and documentation remains with recipient. To the maximum extent permitted by applicable law, in no event shall Educe be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this agreement or the use of or inability to use the product, even if Educe has been advised of the possibility of such damages.
3. SCOPE OF GRANT:
(a) You may not reverse engineer, decompile or disassemble the SOFTWARE. Educe shall retain title and all ownership rights to the SOFTWARE.
(b) 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 with the specific exception of the data file that may be stored on a network file server when the SOFTWARE is used in a network configuration. Each user must have a licensed copy of the SOFTWARE. Roaming users accessing a network installation must have a license for every workstation, terminal, PC etc from which they will access the SOFTWARE. Clients who access the functions of the SOFTWARE do not need a license.
(c) Rental. You may not rent, lease or lend the SOFTWARE.
(d) Termination. Without prejudice to any other rights, the Manufacturer may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
(e) Upgrades. If the SOFTWARE is labelled as an upgrade, you must be properly licensed to use a product identified by the Manufacturer as being eligible for the upgrade in order to use the SOFTWARE ("Eligible Product").
4. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, code modules and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Educe. You may not copy the printed materials accompanying the SOFTWARE. All title and intellectual property rights in and to the content which 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. This EULA grants you no rights to use such content. All rights not expressly granted under this EULA are reserved.
5. MAINTENANCE. Educe is not obligated to provide maintenance or updates for the SOFTWARE. However, any maintenance or updates provided by Educe shall be covered by this Agreement.
6. DISTRIBUTION. The SOFTWARE may not be freely distributed.
7. ENHANCEMENTS. The registered user may make enhancements to their registered copy at their own risk. Any enhanced SOFTWARE may not be resold. If the SOFTWARE is used in conjunction with another application, the displayed calendar must contain a hyperlink to http://www.educesoft.com/ with the text 'Scripts written by Educe'. Upgrades are likely not to work with enhanced SOFTWARE.