End user agreement for Valentina Office Server
VALENTINA 2 OFFICE SERVER LICENSE AGREEMENT
This License Agreement ("EULA", herein also referred to as "Agreement") is a legal agreement between You (either an individual or a single entity) and Paradigma Software, Incorporated (“Paradigma”), for Valentina 2 Office Server, herein referred to as Product (“Product”) which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (the “Software”).
If you do not agree to the terms of this EULA, do not download, install, use or purchase it. You agree that purchasing or otherwise using the Product in any way constitutes your agreement with the terms of this Agreement and to be bound by its terms.
If you have not purchased the Product from Paradigma Software, Incorporated or its authorized distributors and resellers (herein known as a Purchaser) or, otherwise received grant of license from Paradigma Software, Incorporated or its authorized distributors and resellers, you gain no rights of any kind to use the Product, except for downloading the Product for evaluation purposes.
This agreement constitutes the entire agreement between you and Paradigma and supersedes any prior agreement concerning the Product. This agreement may only be modified by being superseded by a future update of the License Agreement from Paradigma Software, Inc. No reseller, distributor or agent can modify this License Agreement.
“You” or “Licensee” refers to you, either an individual or entity that installs, downloads, purchases or uses the Software and has purchased the right to use the Product and agreed to all terms of this Agreement.
“PARADIGMA”, “Paradigma Software, Incorporated” refers to Paradigma Software, Incorporated, an Oregon, USA company.
“Documentation” refers to any user manual, both printed and electronic (file based), and other printed materials accompanying the Software.
“Product” refers to the Paradigma Software, Incorporated product, or any portion of the Paradigma Software, Incorporated product you license under this Agreement.
"Commercial Version” is a version of this Product. Commercial Versions are the only versions which may be transferred or assigned to a new licensee. If you license a Commercial Version, you may transfer the license to another licensee provided that you send written notification to Paradigma Software of the name, address and email address of the new licensee, that you transfer any physical or written components of the Commercial Version to the new licensee, and that you completely uninstall and remove any portion of the Product.
“Academic Version” is a version of this Product. Academic Versions may not be resold or transferred and are licensed expressly and only for use by the original licensee, which must be enrolled students, faculty, teachers and administrators at an accredited K-12 educational institution (or equivalent) or higher education institution organized and operated exclusively for the purpose of teaching its students. Academic versions may not be used for any commercial purpose.
“Developer Version” is a version of this Product. The Developer Version may only be used for internal or testing purposes as specifically licensed by Paradigma Software. Developer Versions may not be resold or transferred, and are licensed expressly and only for use by the original licensee under the terms of a broader development license, such as Valentina Developer Network.
“Your End User” or “Your User” refers to any person, individual or entity that may access functionality of the Product.
“Dedicated Computer” refers to a single computer upon which the Product may be installed.
‘REQUIRED NOTICE” refers to the then current required notice of Paradigma in any application you develop which includes components of the Software in any form.
“SERIAL CODE” refers to a unique serial code provided by Paradigma to you to initialize the Distributable Components.
In consideration of payment, Paradigma Software, Incorporated grants you a limited, non-exclusive, license to Use of Product as defined in this Agreement, until this Agreement is terminated.
INSTALLATION. You may install and use the Product on a single, Dedicated Computer. You may only install the Product on another computer if the previous installation has been removed and erased.
ARCHIVAL RIGHTS. You may only retain archival copies of the Product according to this section. You may retain an archival copies of the Product, so long as only a single copy of the Product is accessible to any End User, and only accessible to a site administrator for maintenance purposes only. If archival copies of the Product are maintained on virtualized hosts or virtualized operating systems, only one of the hosts or operating systems may be accessible to any End User at a time.
USE OF DEMO. You may use the demo version of this Product only for evaluation purposes only.
CLIENT PLUGINS. The Product includes one or more plugins expressly for the purpose of development. You may incorporate these Client Plugins into your applications. You may not grant to users of your applications any rights which are inconsistent with the rights granted to you in this Agreement. You may not grant to any other party the right to distribute any portion of the Product, or provide them with any assistance, consulting or information that will allow them to do so. You agree to not attempt to modify or change the initialization procedure or assist, consult, direct or inform any other entity on methods to modify or change the initialization procedure.
RENTAL. You may not rent, sublet, sublicense or lease any portion or the entirety of the Product, except under the sole exemption of this section. You may allow an End User to host database document files on the Dedicated Computer where the Product is installed and interactively query and modify the database document files, so long as you do not expose the actual executable for download or expose serialization information associated with the Product. An example of permitted rental is an internet service provider who allows customers to store database files within virtual domains on a single computer, and allow those customers to perform programmatic queries to those database files.
YOU MAY NOT REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE PRODUCT, EXCEPT AND ONLY TO THE EXTENT EXPRESSLY PERMITTED BY APPLICABLE LAW. ANY VIOLATION OF THIS PROVISION AUTOMATICALLY TERMINATES YOUR RIGHTS UNDER THIS AGREEMENT.
SECURITY. You may only use the Product in a secure environment that protects the Product from being accessed for the purpose of downloading the serialized or unserialized executable, including any serialization files of the Product.
GENERAL LIMITATIONS ON USE OF PRODUCT
THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
BREACH OF CONTRACT. Any breach of any portion of this agreement automatically and immediately terminates any rights of Use of Product granted to You on the date the violation occurs, and you agree to: 1) destroy or have destroyed all copies of the Product, including any archival copies the Product, 2) immediately cease direct selling, distributing, displaying, or publishing any work that incorporates the CLIENT PLUGINS. At its sole discretion, PARADIGMA may waive a breach, but any waiver of any one breach does not constitute a waiver of other or subsequent breaches. PARADIGMA is entitled to any costs or legal fees associated with bringing you into compliance with this Agreement, as well as any other damages awarded.
RIGHT TO MODIFY AGREEMENT. Paradigma Software, Incorporated reserves the right to update, modify or replace this Agreement at any time and without any additional notice to you, when the following is true: 1) Such update, modification or replacement of this Agreement is included in any patch, upgrade, update version or derivative of the Product that Paradigma makes available, and 2) you install, download, purchase or use the patch, upgrade update version or derivative of the Product.
NO ATTACHED PROVISIONS. Paradigma is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless Paradigma specifically agrees to the provision in writing. You agree that any provision applied to any purchase order, receipt, acceptance, confirmation, correspondence or otherwise received by Paradigma shall be void without the express written agreement of Paradigma.
HEADINGS. Headings and section titles in this Agreement are for organizational purposes and do not, in themselves, constitute any interpretive portion of this Agreement.
LIMITED RIGHT TO TRANSFER. You may not resell, rent, lease, transfer or donate the Product to another party, either in regard to individual rights granted to you under this Agreement or in whole of the Agreement. You may not grant to other parties any rights in regard to any usage of the Product or Distributable Components that are inconsistent with the rights granted to you under this Agreement.
SEVERABILITY. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
LIABILITY. In the event that there is a risk of liability based on the claim that the Product infringes any copyright, patent, or any other intellectual property right under the laws and jurisdiction of the United States of America, You must promptly contact Paradigma. Paradigma may elect to do one or more of the following: (1) Paradigma may exchange the allegedly infringing Product with non-infringing components of equivalent functionality, at no charge to you; and (2) Paradigma may acquire the right for you to continue to use the Product. If Paradigma is unable to affect any of these remedies, Paradigma may repurchase the Product from you for its original price. You agree to indemnify, hold harmless and defend Paradigma from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use of non-Paradigma products, or any alteration of the Product. In no event shall Paradigma's total liability for any damages, in connection with the product, the product documentation, and/or this license exceed the license fees paid for Licensee's right to use this copy of the product whether such liability arises from any claim based upon contract, warranty, tort or otherwise. You agree to indemnify, hold harmless and defend Paradigma from and against any claims or lawsuits, including attorneys’ fees that arise or result from your use of one or more components of the Software that you license under this Agreement in combination with non-Paradigma products, or as a result of any alteration of the Software by Licensee. THE SOFTWARE IS PROVIDED "AS IS", AND PARADIGMA IS NOT RESPONSIBLE FOR LICENSEE'S ABILITY OR INABILITY TO USE OR INCORPORATE THE SOFTWARE FOR ANY PURPOSE BEYOND THAT SPECIFIED IN THIS AGREEMENT. IN NO EVENT WILL PARADIGMA BE LIABLE TO LICENSEE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, OR OTHERWISE IN CONNECTION WITH THE SOFTWARE, THE DOCUMENTATION AND/OR THIS AGREEMENT EVEN IF PARADIGMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES Some U.S. states do not allow limitation or exclusion of incidental or consequential damages, so that above limitation or exclusion may not apply to this Agreement. In no event shall Paradigma's total liability for any damages, in connection with the Software and/or this Agreement exceed the license fees paid for Licensee's right to use this Software, whether such liability arises from any claim based upon contract, warranty, tort or otherwise.
LIMITED WARRANTY. Paradigma warrants that if you purchased the Product on media provided by Paradigma, Paradigma warrants the media to be free of defects for a period of 30 days after the date of purchase. If disks provided by Paradigma fail to work and, the reason for failure to work is not from abuse or not from non-standard hardware or software used by you, Paradigma shall replace the media, provided you return the defective media to Paradigma at your cost. Any written or oral information or advices given by Paradigma dealers, distributors, agents, or employees will in no way increase the scope of this warranty except through a revision of this Agreement. You assume full responsibility for the selection of the product to achieve your intended purposes, for the proper installation and use of the product and for verifying the results obtained from use of the product, Paradigma does not warrant that the functions contained in the product will meet your requirements, that the product is fit for any particular purpose or that the operation of the product will be interruption or error free. PARADIGMA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR INFRINGEMENT WITH RESPECT TO THE SOFTWARE. ALL WARRANTIES SHALL TERMINATE THIRTY (30) DAYS FROM DATE OF DELIVERY OF THE SOFTWARE TO LICENSEE.
EXCLUSIVE REMEDY. Your exclusive remedy is to return the Product to the place you acquired it, with a copy of your receipt. You agree to any return or remedy policy required by the place you acquired the software. Your exclusive remedy and Paradigma and its suppliers' entire liability arising from or in connection with the software, documentation, product and/or this license (including without limitation for breach of warranty or non-infringement) shall at the greatest be refund of license fees.
ALLOCATION OF RISK. Provisions of this Agreement such as the warranty limitations, exclusive remedies and limitations of liability are unrelated, independent allocations of risks between Licensee and Paradigma. Unenforceability of any such provisions shall not affect the enforceability of other such provisions. Paradigma's pricing reflects the allocations of risk contained in this Agreement.
GOVERNING LAW, COPYRIGHT RESTRICTIONS. The Product is provided with RESTRICTED RIGHTS under the laws of copyright of the United States. All rights not expressly granted in this Agreement are reserved by Paradigma Software, Incorporated. Use, duplication, or disclosure by the government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and paragraph (c(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19. The manufacturer Paradigma Software, Incorporated, 6107 SW Murray Blvd #151, Beaverton, Oregon 97008. You acknowledge that the Software may require a license from the United States Department of Commerce or other government agency before it may be taken or sent outside the United States. You agree to obtain any required license before taking or sending the Software outside the United States. You will not permit the export or re-export of the Software without obtaining required licenses or letters of further assurance. You agree to pay all taxes that may now or hereafter be imposed, levied, or assessed with respect to the possession or use of the Software or this Agreement. If any provision of this Agreement is unenforceable, all others will remain in effect. If any provision of this Agreement is held unenforceable as written, it shall be enforced to the maximum extent allowed by applicable law. This Agreement shall be governed by the internal laws of the State of Oregon and the United States, including U.S. copyright laws, and venue in the event of any suit, proceeding or claim shall be in the Courts located in Washington County, Oregon. If you have any questions regarding this Agreement, you may contact Paradigma by writing Paradigma at the following address:
Paradigma Software, Incorporated
6107 SW Murray Blvd #151
Beaverton, Oregon 97008
YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE, FINAL AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PARADIGMA AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT OR ANY OTHER COMMUNICATIONS BETWEEN PARADIGMA AND YOU RELATING TO THE USE OF THE SOFTWARE.