End user agreement for DataMite
End User License Agreement
1. SOFTWARE LICENSE
(a) License Grant. Upon your acceptance of this Software License Agreement ArianeSoft Inc. grants you a non-exclusive, non-transferable (except as provided below), limited license to install and use a copy of the Software on your compatible computer, up to the Permitted Number of computers. The Permitted Number of computers shall be delineated at such time as you elect to purchase the Software. During the evaluation period , hereinafter defined, only a single user may install and use DataMite on one computer.
(b) Backup and Archival Copies. You may make one backup and one archival copy of the Software, provided your backup and archival copies are not installed or used on any computer and further provided that all such copies shall bear the original and unmodified copyright, patent and other intellectual property markings that appear on or in the Software. You may not transfer the rights to a backup or archival copy unless you transfer all rights in the Software as provided under Section 3.
(c) Home Use. You, as the primary user of the computer on which the Software is installed, may also install the Software on one of your home computers. However, the Software may not be used on your home computer at the same time as the Software is being used on the primary computer.
(d) Key Codes. You may not relicense, reproduce or distribute any key code except with the express written permission of ArianeSoft Inc.
(e) Title. Title to the Software is not transferred to you. Ownership of all copies of the Software and of copies made by you is vested in ArianeSoft Inc., subject to the rights of use granted to you in this Software License Agreement. As between you and ArianeSoft Inc., documents, files, generated program code and schemas that are authored or created by you via your utilization of the Software, in accordance with its Documentation and the terms of this Software License Agreement, are your property.
(f) Reverse Engineering. Except and to the limited extent as may be otherwise specifically provided by applicable law, you may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatsoever, directly or indirectly, or disclose any of the foregoing, except to the extent you may be expressly permitted to decompile under applicable law, if it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested ArianeSoft Inc. to provide the information necessary to achieve such operability and ArianeSoft Inc. has not made such information available. ArianeSoft Inc. has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by ArianeSoft Inc. or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the ArianeSoft Inc. Customer Support.
(g) Other Restrictions. You may not loan, rent, lease, sublicense, distribute or otherwise transfer all or any portion of the Software to third parties except to the limited extent set forth in Section 3. You may not copy the Software except as expressly set forth above, and any copies that you are permitted to make pursuant to this Software License Agreement must contain the same copyright, patent and other intellectual property markings that appear on or in the Software. You may not modify, adapt or translate the Software. You may not, directly or indirectly, encumber or suffer to exist any lien or security interest on the Software; knowingly take any action that would cause the Software to be placed in the public domain; or use the Software in any computer environment not specified in this Software License Agreement. You will comply with applicable law and ArianeSoft Inc.'s instructions regarding the use of the Software. You agree to notify your employees and agents who may have access to the Software of the restrictions contained in this Software License Agreement and to ensure their compliance with these restrictions. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE SOFTWARE FOR YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS ARIANESOFT INC. FROM ANY 3RD PARTY SUIT TO THE EXTENT BASED UPON THE ACCURACY AND ADEQUACY OF THE SOFTWARE IN YOUR USE. WITHOUT LIMITATION, THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS OR AIR TRAFFIC CONTROL EQUIPMENT, WHERE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
(h) Software Activation. ArianeSoft Inc. may use your internal network and internet connection for the purpose of transmitting license-related data entered by the user at the time of installation or registration to an ArianeSoft Inc.-operated license server and validating the authenticity of the license-related data in order to protect ArianeSoft Inc. against software piracy.
2. INTELLECTUAL PROPERTY RIGHTS
Acknowledgement of ArianeSoft Inc.'s Rights. You acknowledge that the Software and any copies that you are authorized by ArianeSoft Inc. to make are the intellectual property of and are owned by ArianeSoft Inc. and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of ArianeSoft Inc. and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You acknowledge that ArianeSoft Inc. retains the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the Software, and that ArianeSoft Inc.'s ownership rights extend to any images, photographs, animations, videos, audio, music, text and “applets” incorporated into the Software and all accompanying printed materials. You will take no actions which adversely affect ArianeSoft Inc.'s intellectual property rights in the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners' names. Trademarks may only be used to identify printed output produced by the Software, and such use of any trademark does not give you any right of ownership in that trademark. DataMite and ArianeSoft are trademarks of ArianeSoft Inc. Unicode and the Unicode Logo are trademarks of Unicode, Inc. Windows, WindowsCE, Windows 95, Windows 98, Windows NT, Windows 2000 and Windows XP are trademarks of Microsoft. Except as expressly stated above, this Software License Agreement does not grant you any intellectual property rights in the Software.
3. 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 of this Software License Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, updates and prior versions, and all copies of font software converted into other formats, 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 key code from ArianeSoft Inc.; and (d) the receiving party accepts the terms and conditions of this Software License Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not-for-resale copies of the Software.
4. PRE-RELEASE PRODUCT ADDITIONAL TERMS
If the product you have received with this license is pre-commercial release or beta Software (“Pre-release Software”), then this Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Software License Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from ArianeSoft Inc., and may contain bugs, errors and other problems that could cause system or other failures and data loss. CONSEQUENTLY, THE PRE-RELEASE SOFTWARE IS PROVIDED TO YOU “AS-IS”, AND ARIANESOFT INC. DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND, WHETHER EXPRESS OR IMPLIED. You acknowledge that ArianeSoft Inc. has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that ArianeSoft Inc. has no express or implied obligation to you to announce or introduce the Pre-release Software, and that ArianeSoft Inc. may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Software License Agreement, if requested by ArianeSoft Inc., you will provide feedback to ArianeSoft Inc. regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, your use of the Software is governed by such agreement. You may not sublicense, lease, loan, rent, distribute or otherwise transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by ArianeSoft Inc. of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from ArianeSoft Inc. and to abide by the terms of the license agreement for any such later versions of the Pre-release Software.
5. LIMITED WARRANTY AND LIMITATION OF LIABILITY
Limited Warranty and Customer Remedies. ArianeSoft Inc. warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt, and (ii) any support services provided by ArianeSoft Inc. shall be substantially as described in section 6 of this agreement. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. ArianeSoft Inc.'s and its suppliers' entire liability and your exclusive remedy shall be, at ArianeSoft Inc.'s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet ArianeSoft Inc.'s Limited Warranty and which is returned to ArianeSoft Inc. with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
(a) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR ARIANESOFT INC. OR ITS SUPPLIER'S BREACH OF WARRANTY. ARIANESOFT INC. AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ARIANESOFT INC. AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARIANESOFT INC. AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
(b) Limitation Of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARIANESOFT INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ARIANESOFT INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ARIANESOFT INC.'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, ArianeSoft Inc.'s liability shall be limited to the greatest extent permitted by law.
6. TERM AND TERMINATION
This Software License Agreement may be terminated (a) by your giving ArianeSoft Inc. written notice of termination; or (b) by ArianeSoft Inc., at its option, giving you written notice of termination if you commit a breach of this Software License Agreement and fail to cure such breach within ten (10) days after notice from ArianeSoft Inc. Upon any termination of this Software License Agreement, you must cease all use of the Software, destroy all copies then in your possession or control and take such other actions as ArianeSoft Inc. may reasonably request to ensure that no copies of the Software remain in your possession or control.
Last updated: 2006-08-03