End user agreement for CrossEyes
END-USER LICENSE AGREEMENT FOR CROSSEYES® You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by Levit & James, Inc. ("L&J") your use, distribution, or installation of this copy of CrossEyes indicates your acceptance of this License. This L&J End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Levit & James, Inc. for the L&J software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by L&J. If you do not agree to the terms of this EULA, then do not install, distribute, or use the SOFTWARE PRODUCT – however, if you paid L&J or an authorized L&J distributor for this copy individually, you may return it unused, within thirty (30) days after purchase, for a full refund of your payment. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1. GRANT OF LICENSE. This EULA grants you the following rights: * INSTALLATION AND USE: You may install and use the SOFTWARE PRODUCT on a single computer. If you have purchased a licensed copy, your right to use it will continue in perpetuity, unless otherwise terminated as provided for in this EULA.. If you have acquired a copy for demonstration or evaluation purposes, your right to use will terminate 30 days from initial installation, or on the internal expiration date of the SOFTWARE PRODUCT, whichever comes first, unless otherwise terminated as provided for in this EULA. * STORAGE AND NETWORK DEVICES. You may also store a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on which the SOFTWARE PRODUCT is installed, used, or run. A single license for the SOFTWARE PRODUCT may not be shared or used on different COMPUTERS, regardless of whether they use the SOFTWARE PRODUCT at different times or concurrently. If you receive multiple copies of the SOFTWARE PRODUCT, or updates thereto, whether on media or via electronic transfer, you may not install or use them on separate computers unless you acquire and dedicate a license for each separate COMPUTER. * BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by L&J solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT. * TRANSFER. You may transfer the SOFTWARE PRODUCT from one computer to another, provided that: you own, rent or lease both computers; you remove the SOFTWARE PRODUCT and any links to the SOFTWARE PRODUCT from one computer before installing or running it on the second computer; and you do not transfer a single license more than four times in any twelve-month period. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. * PROHIBITION ON REVERSE ENGINEERING. You may not decompile, reverse engineer, disassemble, decrypt, or otherwise reduce the SOFTWARE PRODUCT to a human-perceivable form. * COMPLIANCE WITH REGISTRATION AND LICENSING. You may not modify, replace or attempt to defeat any feature of the SOFTWARE PRODUCT related to the registration, storage, verification, or display, of license, serial number, expiration date or similar information, except as explicitly provided by L&J (for example, through an authorized registration procedure.) Furthermore, you may not install demonstration or evaluation copies of the SOFTWARE PRODUCT for use by any individual for more than two 30-day demonstration periods, and agree not to provide L&J with multiple or fraudulent registration information with the intent of concealing the identity of such a user. * LIMITATIONS ON USE. You may not modify, rent, resell for profit, distribute, lend or create derivative works based upon the SOFTWARE PRODUCT or any part thereof, EXCEPT that you may request permission from L&J to make and modify copies of the documentation and help files for internal use within your organization, for use in conjunction with the SOFTWARE PRODUCT only. You may not sell, rent, lease, sublicense, lend or transfer any versions or copies of SOFTWARE PRODUCT you do not use. 3. OWNERSHIP Although you own any disk on which the SOFTWARE PRODUCT is recorded, you do not become the owner of, and L&J and its suppliers retain title to, the SOFTWARE PRODUCT and all copies thereof. All rights not specifically granted in this Agreement, are reserved by Levit & James, Inc. and its suppliers. 4. COPYRIGHT AND TRADEMARKS. All title and intellectual property rights in and to the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by L&J or its suppliers. and are protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material (e.g. a book or musical recording) except that you may make copies of the Software as provided in this EULA. You may not remove any proprietary notices or labels in or on the SOFTWARE PRODUCT. This EULA does not grant you any rights in connection with any trademarks or service marks of L&J. 5. SUPPORT SERVICES AND UPDATES. L&J may provide you with support, update or subscription services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA, unless other license terms are provided with the update. If the SOFTWARE PRODUCT is an Update to a previous version of the SOFTWARE PRODUCT, you must possess a valid license to such previous version in order to use the Update. You may continue to use the previous version of the SOFTWARE PRODUCT on your computer after you receive the Update, to assist you in the transition to the Update, provided that the Update and the previous version are installed on the same computer. You acknowledge that any obligation L&J may have to support the previous version of the SOFTWARE PRODUCT may be ended upon availability of the Update. 6. USE AND CONFIDENTIALITY OF CUSTOMER INFORMATION. With respect to technical information you provide to L&J as part of the Support Services, L&J may use such information for its business purposes, including for product support and development. L&J will not utilize such technical information in a form that personally identifies you, without your express permission. * IF YOU NEED TO PROVIDE HIGHLY CONFIDENTIAL INFORMATION TO L&J, for purposes of obtaining technical support (for example, if you are a law firm, and need troubleshooting assistance with respect to a specific confidential document) then you should arrange a separate, suitable confidentiality agreement with L&J before providing such material. 7. TERMINATION. Without prejudice to any other rights: L&J may terminate this EULA if you fail to comply with the terms and conditions of this EULA. L&J may terminate this EULA upon 15 days notice, if it has not been paid in full for the license(s), and if any amount remains unpaid at the end of such 15-day period. L&J may, at its sole option, terminate any NFR, demonstration, or evaluation license at any time. In the event of such termination, you agree to destroy all copies of the SOFTWARE PRODUCT and all of its component parts, and you agree to provide us written certification of such destruction upon our request. 8. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Levit & James, Inc./PO Box 2503/Leesburg, VA 20177. 9. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export or re-export the SOFTWARE PRODUCT: to any country to which the U.S. has embargoed or restricted the export of goods or services. 10. MISCELLANEOUS * COMPLETE AGREEMENT. This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior representations, advertisements, understandings, purchase orders, agreements and arrangements, OTHER THAN: any separate document, which has been signed by an authorized officer of L&J, and which states explicitly that it modifies or supercedes the EULA provided with the SOFTWARE PRODUCT. * SEVERABILITY. If any provision of this Agreement, including the breadth or scope of such provision is held by any court of competent jurisdiction to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions of this Agreement and such remaining provisions will remain enforceable and binding. * GOVERNING LAW. This EULA shall governed by the laws of the Commonwealth of Virginia. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts and fora located in the Commonwealth of Virginia, and you consent to such jurisdiction and venue. * COMPLIANCE WITH LICENSES. If you are a business or organization, you agree that upon request from L&J or L&J's authorized representative, you will within thirty (30) days fully document and certify that use of any and all L&J Software at the time of the request is in conformity with your valid licenses from L&J. QUESTIONS. Should you have any questions concerning this EULA, or if you desire to contact L&J for any reason, please contact L&J, or write to: Levit & James, Inc. PO Box 2503, Leesburg, VA 20177. 11. LIMITED WARRANTY L&J warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by L&J shall be substantially as described in applicable written materials provided to you by L&J, and L&J support engineers will make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. CUSTOMER REMEDIES. L&J's and its suppliers' entire liability and your exclusive remedy shall be, at L&J's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet L&J's Limited Warranty and that is returned to L&J with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication, or from failure of COMPUTER hardware and software other than SOFTWARE PRODUCT to comply with minimum requirements or version certification as stated in SOFTWARE PRODUCT documentation. L&J is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the SOFTWARE PRODUCT nor for problems in the interaction of the SOFTWARE PRODUCT with other software other than that which is specifically certified in SOFTWARE PRODUCT documentation. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by L&J are available without proof of purchase from an authorized international source. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, L&J AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, 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. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL L&J OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, 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 PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF L&J HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, L&J'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A L&J SUPPORT SERVICES AGREEMENT, L&J'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.