End user agreement for Chrysanth NETime Channel
End-User License Agreement
CHRYSANTH SOFTWARE SDN. BHD.
CHRYSANTH NETIME CHANNEL
IMPORTANT - PLEASE READ CAREFULLY
This License Agreement ("License") is a legal agreement between you (either an individual or a single entity) and Chrysanth Software Sdn. Bhd. ("Chrysanth") for the Chrysanth Software Product specified in this License. The term ("Product") which includes computer software identified above may include any associated media, printed materials, and "online" or electronic documentation. The Product is the property of Chrysanth. Chrysanth grants you, the original purchaser, a non-exclusive license to use the Product, subject to the conditions stated below. Please read this License carefully before installing or using the Product. By installing, copying, or otherwise using the Product, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, please do not install or use the Product, and within ten (10) days after you first received the Product, return the entire Product to the place of purchase along with its original packaging and proof-of-purchase for a full refund. Chrysanth is only willing to grant you this License if you obtained the Product from Chrysanth or a Chrysanth authorized reseller. If you obtained the Product from any other source you may not install or use the Product.
The Product is proprietary to Chrysanth. The Product is licensed, not sold, to you notwithstanding any reference herein to "purchases." Chrysanth continues to own the copy of the Product and the physical media contained in this package and any other copy that you are authorized to make pursuant to this License. You acknowledge and agree that: (a) the Product is protected under copyright laws and international copyright treaties, as well as other intellectual property laws, treaties and other laws; (b) Chrysanth and its licensors retain all copyrights and other intellectual property rights in the Product; (c) there are no implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by Chrysanth; (d) you acquire no ownership or other interest (other than your license rights) in or to the Product; and (e) Chrysanth owns all copies of the Product, however made. You agree that you will not, at any time, contest anywhere in the world Chrysanth's ownership of the Product, nor will you challenge the validity of Chrysanth's rights in the Product. You have no rights hereunder to use any trademark or service mark belonging to Chrysanth. You are granted the right to use the Product according to the conditions specified below:
2. GRANT OF LICENSE AND SCOPE OF USE.
2.1 On Stand-alone Personal Computer. You are allowed to install and use only one (1) copy of the Product, or any prior version, either in whole or portion, for the same operating system, on only one (1) stand-alone personal computer. If you are an entity, Chrysanth grants you the right to designate one (1) individual within your organization, namely the primary user, to have the right to use the Product.
2.2 On Storage/Network Device. A Product stored or installed on a storage device, such as a network server, can only be used to install or run the Product on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Product is installed or run from the storage device. A license for the Product may not be shared or used concurrently on different computers.
2.3 Multiple-user License. You own a Multiple-user License if you are granted in writing by Chrysanth and are conditioned upon your payment of the applicable fees. Under such license, you are allowed to make the specified number of additional copies of the Product on a number of computers not more than the specified number of user license(s), and you are allowed to use each copy in the manner specified above.
2.4 Educational Edition Software. If the Product is identified as "Educational Edition", then you must qualify yourself to be a "Qualified Educational User" before using the Product. If you are not a Qualified Educational User, you have no rights under this License. To determine if you are a Qualified Educational User, please contact Chrysanth or any Chrysanth subsidiary serving your country.
2.5 Public Edition Software. If the Product is identified as "Public Edition", then you must qualify yourself to be a "Qualified Public User" before using the Product. If you are not a Qualified Public User, you have no rights under this License. To determine if you are a Qualified Public User, please refer to the "Readme.txt" file that may accompany with each Public Edition or contact Chrysanth or any Chrysanth subsidiary serving your country.
2.6 Evaluation Software. Subject to the terms and conditions of this License, you may exercise your rights under this license to use the Product for the sole purpose of evaluating or demonstrating the Product. Your license is for a term of thirty (30) days from the date you obtain the serial number and authorization key for the Product or otherwise begin using the Product ("Evaluation Period"). You may not use the Product for any commercial, business, governmental or institutional purpose of any kind. At the end of the Evaluation Period, further use of the Product by you is prohibited without the purchase of a commercial license. If you do not purchase a license for the Product at the end of the Evaluation Period, you hereby agree to permanently remove or delete the Product from all computer systems on which it was installed and destroy any software and documentation received, and not to reinstall a new copy of the Product. If you desire to continue to use the Product following the Evaluation Period, you should contact Chrysanth or a Chrysanth authorized reseller to order commercial licenses to use the Product. THE EVALUATION PRODUCT CONTAINS A TIME-OUT FEATURE THAT DISABLES ITS OPERATION AFTER THE EXPIRATION OF THE EVALUATION PERIOD. DATA THAT YOU CREATE DURING THE EVALUATION PERIOD MAY REQUIRE THE PRODUCT IN ORDER TO BE ACCESSED. UPON EXPIRATION OF THE EVALUATION PERIOD, THOSE DATA MAY NO LONGER BE ACCESSIBLE. YOU SHOULD THEREFORE TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT.
3. OTHER RIGHTS AND LIMITATIONS.
3.1 Not for Resale Software. If the Product is labeled "Not for Resale" or "Demo Edition" or "Evaluation Edition" or "Public Edition" or "Reseller Edition", then, notwithstanding other sections of this License, strictly prohibits you from reselling the Product, or transferring the Product for value.
3.2 Limitations on Reverse Engineering, Decompilation, and Disassembly. You are not allowed to reverse engineer, decompile, disassemble the Product, or attempt to discover the source code of the Product, except and only to the extent that such activity is explicitly admissible by applicable law notwithstanding this limitation.
3.3 Separation of Components. The Product is licensed as a single product. Its component parts may not be separated for use on more than one computer.
3.4 Rental and sublicense. You are not allowed to rent, lease, loan or lend the Product. You are not allowed to allow third parties to access or use the Product such as in a time-sharing arrangement or operate the Product as part of a service bureau or otherwise for the use or benefit of third parties. You are not allowed to operate the Product in Application Service Provider mode where the Product and data associated with the Product might or might not be hosted on your server and third parties access it through online services or similar means. You are not allowed to sublicense, distribute or otherwise transfer the Product or any component thereof to any third party.
3.5 Non Disclosure of Registration Code. If you receive a registration code or authorization key or password during your purchase of the Product or Product upgrade, you are not allowed to publish or distribute this registration code or authorization key or password by any means without written permission from Chrysanth. If you do, your license to use the Product is automatically terminated, and you may be liable for legal damages.
3.6 Consultation Services. You may call Chrysanth or the nearest Chrysanth subsidiary serving your country, or the supplier of your Product for consultation related to the Product ("Consultation Services"). Use of Consultation Services is governed by the Chrysanth policies. Any supplemental software code provided to you as part of the consultations shall be considered part of the Product and subject to the terms and conditions of this License. With respect to information you provide to Chrysanth as part of the Consultation Services, Chrysanth may use such information for its business purposes, including for product support and development, without utilizing such information in a form that personally identifies you.
3.7 Other Limitations. You may not: (a) modify, adapt, alter, translate, or create derivative works of the Product or merge the Product with other software other than as described in the Product's accompanying documentation or as approved of in writing by Chrysanth; (b) remove, alter, or obscure any confidentiality or proprietary notices (including copyright and trademark notices) of Chrysanth or its suppliers on the Product; (c) reproduce or use the Product except as expressly authorized; or (d) disclose or publish performance benchmark results for the Product. The rights granted under this License apply only to this Product. You must procure a separate license to use other Chrysanth software. The limitations in this Section 3 apply equally to your use of the Product, in whole or in part, including any component.
If the Product is labeled as an upgrade, you must be properly licensed to use a product identified by Chrysanth as being eligible for the upgrade in order to use the Product. A Product labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this License, unless the upgraded product is expressly provided subject to a separate license agreement. If the Product is an upgrade of a component of a package of software programs that you licensed as a single product, the Product may be used only as part of that single product package and may not be separated for use on more than one computer. You have to present your license(s) of the original version of Product before an upgrading is permitted and a License for Upgraded Version is issued. If you have purchased an upgrade version of the Product, it constitutes a single product with the copy of the Product that you upgraded. This means that, although you may have two sets of Product media, you still have only one license. Therefore, you may not transfer the original copy of the Product to any other party.
All titles and copyrights in and to the Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Product), the accompanying printed materials, and any copies of the Product are owned by Chrysanth or its suppliers. You must treat the Product like any other copyrighted material except that you are allowed to install the Product on a single computer provided you keep the original solely for backup or archival purposes. You are not allowed to copy the printed materials accompanying the Product.
6. LIMITED WARRANTY AND DISCLAIMER.
Chrysanth warrants to you, the original purchaser and to no other party, that any physical media included with the Product, as and when provided to you, will be free of physical defects in materials and workmanship for a period of ninety (90) days after the date that you initially acquire the Product. Your exclusive remedy and Chrysanth's sole liability for breach of this warranty is that Chrysanth will replace any defective media returned to Chrysanth within the ninety (90) day warranty period. This warranty does not apply to damages resulting from misuse, abuse or neglect. Any replacement media will be warranted as above for the remainder of the original warranty period or twenty (20) days from the date we ship it to you, whichever is longer. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, THE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. CHRYSANTH HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS OBTAINED USING THE PRODUCT. TO THE EXTENT THAT CHRYSANTH MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
7. SERVICES; UPDATES; PRODUCT CHANGES.
Chrysanth is not required under this License to provide any installation, training, support or other services to you. Such services, if available, must be purchased separately. If, pursuant to a separate support agreement or otherwise, Chrysanth provides you with a new release, error correction, update, upgrade or other modification to the Product, such modification will be deemed part of the Product, and subject to the terms of this License, unless the modification is expressly provided subject to a separate license agreement. Chrysanth reserves the right at any time not to release or to discontinue release of any Product and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of any future releases of the Product.
You must register the Product with Chrysanth as a condition to your rights to use the Product. You will be prompted to register the Product at the time of your installation or first use of the Product, at which time you will be notified (or directed to online resources explaining) how registration information provided by you may be used and you will be afforded the opportunity to opt out of certain uses of such information.
You acknowledge that the Product in source code form remains a confidential trade secret of Chrysanth. You agree to hold this information in confidence, not disclose it to any person, and not use it for any purpose other than the use and operation of the Product as permitted under this License.
10. LIMITATION OF LIABILITY.
IN NO EVENT WILL CHRYSANTH BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR DATA, ARISING FROM OR RELATING TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF CHRYSANTH KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHRYSANTH'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS LICENSE. THIS SECTION 10 WILL APPLY EVEN IF AN EXCLUSIVE REMEDY HEREUNDER HAS FAILED OF ITS ESSENTIAL PURPOSE.
11. TERM AND TERMINATION.
11.1 Term. The term of this License will begin as of the date that you receive the Product and will remain in effect perpetually unless terminated under this Section 11.
11.2 Termination for Convenience. You may terminate this License for any reason, or for no reason, by giving Chrysanth five (5) days' written notice.
11.3 Termination for Cause. Chrysanth may terminate this License if you breach your obligations hereunder. Chrysanth will effect such termination by giving you notice of termination, specifying therein the alleged breach. If your breach is curable, you will have a grace period of thirty (30) days after such notice is served to cure the breach described therein. If the breach is cured within the thirty (30) day grace period, then this License will remain in effect; otherwise, this License will automatically terminate upon the conclusion of the thirty (30) day grace period.
11.4 Effect of Termination. Upon the termination of this License for any reason the following terms shall apply: (a) all rights granted under this License will immediately terminate and you must stop all use of the Product; (b) you must return to Chrysanth or destroy all copies of the Product provided to or made by you, and will, within ten (10) days after the effective date of termination, provide Chrysanth with written certification that all such copies have been returned or destroyed; and (c) all provisions of this License with the exception of the licenses granted in Sections 2 will survive termination of this License for any reason.
12. GENERAL PROVISIONS.
12.1 Hazardous Uses. The Product is not intended for use, and you may not use or allow others to use the Product, in connection with any application requiring fail-safe performance such as the operation of nuclear power facilities, air traffic control or navigation systems, weapons control systems, life support systems, or any other system whose failure could lead to injury, death, environmental damage or mass destruction. You agree that Chrysanth will have no liability of any nature, and you are solely responsible, for any expense, loss, injury or damage incurred as a result of such use of the Product.
12.2 Entire License; Severability. This License constitutes the entire, final and exclusive agreement between you and Chrysanth regarding the specific license transaction described herein. If any provision of this License is held to be illegal, invalid or unenforceable for any reason, then such provision will be enforced to the maximum extent permissible and the remainder of the provisions of this License will remain in full force and effect.
12.3 Assignment. You may not transfer the Software media, assign this License or assign any of your rights or delegate any of your obligations under this License, by operation of law or otherwise (including by merger, sale of assets or consolidation), without Chrysanth's prior written consent. Any attempted assignment in violation of this Section 12.3 will be void.
12.4 Waiver and Modifications. All waivers must be in writing. Any waiver or failure to enforce a provision of this License on one occasion shall not be deemed a waiver of any other provision or such provision on any other occasion. This License may only be amended by a written document signed by both parties.
13. MULTIPLE-MEDIA SOFTWARE.
You may receive the Product in more than one medium. Regardless of the type or size of medium you receive, you are allowed to use only one (1) medium that is appropriate for your single computer. You are not allowed to use or install the other medium on another computer. You are not allowed to loan, rent, lease, lend, or otherwise transfer the other medium to another user.
If you would like to alter the type or usage parameters of any license you have acquired from Chrysanth, you must first contact Chrysanth to obtain written approval and pricing for any such modifications to your license.
If you have any questions about this License, please contact your Chrysanth authorized reseller or Chrysanth. If you agree to the terms and conditions of this License Agreement, please select the "I ACCEPT THE AGREEMENT" option below. This will be the legal equivalent of your signature on a written contract and the terms of this license shall be a legally binding agreement between you and Chrysanth. You must agree to these terms and conditions in order to install and use the Product. If you do not agree with these terms and conditions, you should select the "I DO NOT ACCEPT THE AGREEMENT" option below to exit this installation process, as Chrysanth is unwilling to license the Product to you in such case, and you may return the Product within ten (10) days after you first received it to Chrysanth or your Chrysanth authorized reseller, along with its original packaging and proof-of-purchase, for a full refund.