End user agreement for Ezy Estimator 2010
END-USER LICENSE AGREEMENT FOR EZY ESTIMATOR.
IMPORTANT - READ CAREFULLY. This ELECTRIC ARK SOFTWARE ("Ezy Estimator") End-User Licence Agreement ("EULA") is a legal agreement between you, an individual user of software applications, ("End User") and all ELECTRIC ARK SOFTWARE PRODUCT(S) (demos, intermediate files, media, printed materials, and online or electronic documentation contained in this installation file). Carefully read the following terms and conditions before using the software. Use of the Software acknowledges that you have read this License, understand it, and agree to be bound by its terms and conditions. If you do not agree to the terms and conditions, promptly return the software and the manuals, or in the case of electronically delivered media, destroy all copies of the Software and Documentation.
The following definitions shall apply to this agreement:
"Licensor" means ELECTRIC ARK SOFTWARE.
"Software" means all of the contents of the files, disk(s), CD-ROM(s) or other media with which this agreement is provided.
"Install" means placing the software on the computer's hard disk, CD-ROM or other secondary storage device.
"Derivative works" means a work that is based upon one or more pre-existing works, such as a revision, modification, translation, abridgement, condensation, expansion or any other form in which such pre-existing work may be recast, transformed or adapted, and that, if prepared without authorization by the owner of the pre-existing work, would constitute copyright infringement.
"Use" means (i) executing or loading the software into computer RAM or other primary memory, (ii) copying the software for archival or emergency restart purposes, (iii) or otherwise benefit from using the functionality of the Software and Documentation.
"Licensee" means YOU or YOUR COMPANY, unless otherwise indicated.
"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume licences) granted by ELECTRIC ARK SOFTWARE.
"Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
2. SOFTWARE LICENSE
Licensor hereby grants to Licensee a non-exclusive licence to install and use the software on one single user computer in its possession, provided the software is in use on only one computer at any time. The software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer - for example, a HARD DISK, CD-ROM or other storage device. If the software is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 90% of the time, then that person may also use of software on a portable or a Home Computer.
3. LICENSEE'S RIGHTS AND OBLIGATIONS
Licensee may either:
A. Make one copy of the Software solely for backup or archival purposes, or
B. Transfer the Software to a single hard disk, provided Licensee keep the original solely for backup or archival purposes.
The Software and Documentation are protected by Australian copyright laws and international treaties. Licensee must treat the Software and Documentation like any other copyrighted material - for example a book. Licensee may not:
A. Copy The Documentation.
B. Copy the software except to make a archival backup copies as provided above.
C. Modify or adapt the software or merge it into another program.
D. Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software.
E. Place the Software onto a server so that it is accessible via a public network such as the Internet.
F. Sublicense, rent, lease or lend any portion of the Software or Documentation.
4. INTELLECTUAL PROPERTY RIGHTS
The Software and any copies that you are authorized by ELECTRIC ARK SOFTWARE to make are the intellectual property of and are owned by ELECTRIC ARK SOFTWARE and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of ELECTRIC ARK SOFTWARE and its suppliers. The Software is protedted by copyright, including without limitation by Australian Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 ("SOFTWARE LICENSE") and Section 3 ("LICENSEE'S RIGHTS AND OBLIGATIONS").
Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in this Software.
5. LIMITED WARRANTY
Licensor warrants that for a period of 30 days after delivery of the software to licensee:
A. Unless media has been electronically delivered, the physical media on which this copy of the Software is distributed will be free from defects in materials and workmanship under normal use, and
B. The Software will perform in substantial accordance with the Documentation.
To the extent permitted by law, THE FORGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRENTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ANY AND ALL IMPLIED WARRENTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRENTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether Licensor knows or had reason to know of Licensee particular needs. No employee, agent, or distributor of Licensor is authorized to modify this warranty, nor to make any additional warranties. ELECTRIC ARK SOFTWARE does not warrant the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free.
6. LIMITED REMEDY
Licensor entire liability and Licensee exclusive remedy Shall Be:
A. The replacement of any CD ROMs or other media not meeting the limited warranty which is returned to Licensor or to an authorized dealer or distributor with a copy of the licensee's receipt, or
B. If Licensor or an authorized Dealer or Distributor are unable to deliver a replacement CD-ROM(s) or other media that is free and defects in materials and workmanship, Licensee may terminate this agreement by returning the software and documentation and licensee's money will be refunded.
IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF LICENSOR OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
7. REPRESENTATIONS AND WARRANTIES
Licensor hereby represents and warrants to Licensee that:
A. Licensor is the owner of all right, title and interest, including copyright, in all the Licensed materials, or has the authority to enter into this agreement on behalf of the owner.
B. Licensor has not granted any rights or Licenses to the Licensed materials that would conflict with Licensor's obligations under this agreement.
Licensor shall have the right to immediately terminate this License if Licensee fails to perform any obligation required of the Licensee under this agreement or if Licensee becomes bankrupt or insolvent. This Licence Agreement takes effect upon Licensee's use of the Software and remains effective until terminated. Licensee may terminate it at any time by destroying all copies of the Software and Documentation in its possession. It will also automatically terminate if Licensee fails to comply with any term or condition of this Licence Agreement.
9. RETAIN OR DESTRUCTION OF SOFTWARE UPON TERMINATION
Upon termination of this License, Licensee shall return to Licensor or destroy the original and all copies of the Software including partial copies and modifications. Licensor shall have a reasonable opportunity to conduct an inspection of licensee's place of business to assure compliance with this provision.
10. TITLE TO SOFTWARE
Licensor retains title to and ownership of the Software and Documentation and all enhancements, modifications and updates of the Software.