End user agreement for Indigo Scape Enterprise
AJE Software END-USER SOFTWARE LICENSE AGREEMENT
Version 1.8, 2001 - 2009
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE.
BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE
AGREEMENT, DO NOT OPEN , INSTALL OR USE THE SOFTWARE.
PROMPTLY RETURN, WITHIN 15 DAYS, THE SOFTWARE, ALL RELATED
DOCUMENTATION AND ACCOMPANYING ITEMS TO THE PLACE
This is a legal agreement between you and AJE Software.
This Agreement states the terms and conditions upon which AJE Software
offers to license the software together with all related
documentation and accompanying items including, but not limited to, the
executable programs, drivers, libraries and data files associated with such
programs (collectively, the "Software").
1. Grant of License.
The Software is licensed, not sold, to you for use only under
the terms of this Agreement. You own the disk or other media
on which the Software is originally or subsequently recorded
or fixed; but, as between you and AJE Software
(and, to the extent applicable, its licensors), AJE Software
retains all title to and ownership of the Software and
reserves all rights not expressly granted to you.
2. For Use on a Single Computer.
The Software may be used only on a single computer by a single
user at any time.
You may transfer the machine-readable portion of the Software
from one computer to another computer, provided that:-
(a) the Software (including any portion or copy thereof) is
erased from the first computer and
(b) there is no possibility that the Software will be used on
more than one computer at a time.
3. Stand-Alone Basis.
You may use the Software only on a stand-alone basis, such that
the Software and the functions it provides are accessible only
to persons who are physically present at the location of the
computer on which the Software is loaded. You may not allow
the Software or its functions to be accessed remotely, or
transmit all or any portion of the Software through any network
or communication line.
The Software is owned by AJE Software and/or its
licensees, and is protected by United Kingdom copyright laws and
international treaty provisions. You may not remove the copyright
notice from any copy of the Software or any copy of the written
materials, if any, accompanying the Software.
5. One Archival Copy.
You may make one (1) archival copy of the machine-readable
portion of the Software for backup purposes only in support of
your use of the Software on a single computer, provided that
you reproduce on the copy all copyright and other proprietary
rights notices included on the originals of the Software.
6. Network Version.
If you have purchased a "network" version of the Software, this
Agreement applies to the installation of the Software on a
single "file server". It may not be copied onto multiple
systems. Each "node" connected to the "file server" must also
have its own license of a "node copy" of the Software, which
becomes a license only for that specific "node".
7. Transfer of License.
You may transfer your license of the Software, provided that
(a) you transfer all portions of the Software or copies thereof,
(b) you do not retain any portion of the Software or any copy
(c) the transferee reads and agrees to be bound by the terms and
conditions of this Agreement.
8. Limitations on Using, Copying, and Modifying the Software.
Except to the extent expressly permitted by this Agreement or
by the laws of the jurisdiction where you acquired the Software,
you may not use, copy or modify the Software. Nor may you
sub-license any of your rights under this Agreement. You may use
the Software for your personal use only, and not for public
performance or for the creation of publicly displayed videotapes.
9. Decompiling, Disassembling, or Reverse Engineering.
You acknowledge that the Software contains trade secrets and
other proprietary information of AJE Software and
its licensors. Except to the extent expressly permitted by this
Agreement or by the laws of the jurisdiction where you are located,
you may not decompile, disassemble or otherwise reverse engineer the
Software, or engage in any other activities to obtain underlying
information that is not visible to the user in connection with
normal use of the Software.
In particular, you agree not for any purpose to transmit the
Software or display the Software's object code on any computer
screen or to make any hardcopy memory dumps of the Software's
object code. If you believe you require information related to
the interoperability of the Software with other programs, you
shall not decompile or disassemble the Software to obtain such
information, and you agree to request such information from
AJE Software at the address listed below. Upon receiving
such a request, AJE Software shall determine whether
you require such information for a legitimate purpose and, if so,
AJE Software will provide such information to you within
a reasonable time and on reasonable conditions.
In any event, you will notify AJE Software of any
information derived from reverse engineering or such other activities,
and the results thereof will constitute the confidential information of
AJE Software that may be used only in connection with
The license granted to you is effective until terminated. You may
terminate it at any time by returning the Software (including any
portions or copies thereof) to AJE Software.
The license will also terminate automatically without any notice from
AJE Software if you fail to comply with any term or condition
of this Agreement. You agree upon such termination to return the
Software (including any portions or copies thereof) to
AJE Software. Upon termination, AJE Software may also enforce any rights
provided by law. The provisions of this Agreement that protect the proprietary
rights of AJE Software will continue in force after termination.
AJE Software warrants, as the sole warranty, that the
disks on which the Software is furnished will be free of defects, as set
forth in the Warranty Card or printed manual included with the Software. No
distributor, dealer or any other entity or person is authorized to
expand or alter this warranty or any other provisions of this
Agreement. Any representation, other than the warranties set forth
in this Agreement, will not bind AJE Software.
AJE Software does not warrant that the functions
contained in the Software will meet your requirements or that the operation
of the Software will be uninterrupted, error-free or free from malicious
code. For purposes of this paragraph, "malicious code" means any
program code designed to contaminate other computer programs or
computer data, consume computer resources, modify, destroy, record,
or transmit data, or in some other fashion usurp the normal operation
of the computer, computer system, or computer network, including
viruses, Trojan horses, droppers, worms, logic bombs, and the like.
EXCEPT AS STATED ABOVE IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED
AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. AJE SOFTWARE IS
NOT OBLIGATED TO PROVIDE ANY UPDATES, UPGRADES OR TECHNICAL
SUPPORT FOR THE SOFTWARE.
Further, AJE Software shall not be liable for the
accuracy of any information provided by AJE Software or third-party
technical support personnel, or any damages caused, either directly
or indirectly, by acts taken or omissions made by you as a result
of such technical support.
You assume full responsibility for the selection of the Software to
achieve your intended results, and for the installation, use and
results obtained from the Software. You also assume the entire
risk as it applies to the quality and performance of the Software.
Should the Software prove defective, you (and not AJE Software,
or its distributors or dealers) assume the entire cost
of all necessary servicing, repair or correction.
This warranty gives you specific legal rights, and you may also
have other rights which vary from country/state to country/state.
Some countries/states do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
AJE Software disclaims all warranties of any kind
if the Software was customized, repackaged or altered in any way
by any third party other than AJE Software.
LIMITATION OF REMEDIES AND DAMAGES
THE ONLY REMEDY FOR BREACH OF WARRANTY WILL BE THAT SET FORTH
IN THE WARRANTY CARD OR PRINTED MANUAL INCLUDED WITH THE SOFTWARE.
IN NO EVENT WILL AJE SOFTWARE OR ITS LICENSORS BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY
LOST PROFITS, LOST SAVINGS, LOST REVENUES OR LOST DATA ARISING
FROM OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF
AJE SOFTWARE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL AJE SOFTWARE LIABILITY OR DAMAGES TO
YOU OR ANY OTHER PERSON EVER EXCEED THE AMOUNT PAID BY YOU TO USE
THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM.
No returns are accepted and/or refunds given under ANY circumstances
This Agreement is binding on you as well as your employees,
employers, contractors and agents, and on any successors and
assignees. Neither the Software nor any information derived
therefrom may be exported except in accordance with the laws of
the United Kingdom. or other applicable provisions.
This Agreement is the entire agreement between us
and supersedes any other understandings or agreements, including,
but not limited to, advertising, with respect to the Software.
If any provision of this Agreement is deemed invalid or
unenforceable by any country or government agency having
jurisdiction, that particular provision will be deemed modified
to the extent necessary to make the provision valid and
enforceable, and the remaining provisions will remain in full
force and effect.
For questions concerning this Agreement, please contact AJE
Software at the address stated above. For questions
on product or technical matters, contact the AJE Software
technical support center nearest you.
Please feel free to distribute the Unregistered version of this
However, we ask that you distribute the entire Unregistered version
with no modification, and without any charge or fee. The Unregistered
version can clearly be identified by the startup License
Notification screen. The License screen is permanently removed
only when the product is Registered.
EXCEPT AS STATED EARLIER IN THIS AGREEMENT, AND AS PROVIDED
UNDER THE HEADING "STATUTORY RIGHTS", THE SOFTWARE IS PROVIDED
AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, QUALITY AND FITNESS FOR A
This Agreement is governed by the laws of the United Kingdom.
The local language version of this agreement shall apply to Software
acquired in the EU. This Agreement is the entire agreement between
us and you agree that AJE Software will not have any
liability for any untrue statement or representation made by it, its
agents or anyone else (whether innocently or negligently) upon which you
relied upon entering this Agreement, unless such untrue statement or
representation was made fraudulently.
E n d o f A g r e e m e n t
email: email@example.com, firstname.lastname@example.org
Web Site: www.ajeconsulting.co.uk, www.devonestop.com
Copyright (c) 2000-2009 AJE Software. All rights reserved.