End user agreement for Excelsior Installer
Excelsior Freeware License Agreement
This License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Excelsior, LLC ("Excelsior") for the Excelsior software product identified above, which includes computer software, electronic documentation, and the associated printed materials ("Software"). By installing, copying or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not install or use the Software.
Excelsior hereby grants to you a non-exclusive, transferable limited license to use the accompanying Software on the following terms:
You may: a. install and use the Software on any computer in your possession or under your control; and b. copy and redistribute the Software provided it is not modified in any way and you do not charge for its distribution without explicit prior written permission.
You may not: a. modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; b. sell, rent, lease, or charge for access to the Software; c. remove any proprietary notices or labels on the Software. or d. distribute the Software for a fee, whether as a stand-alone product, or as part of a compilation or anthology, without Excelsior's prior written consent;
Title, ownership rights, and intellectual property rights in and to the Software, and any copies of the Software shall at all times remain with Excelsior and/or its suppliers. The Software is protected by the copyright laws of the Russian Federation and international copyright treaties.
TECHNICAL SUPPORT AND UPDATES
This Agreement does not entitle you to receive from Excelsior printed manuals, technical support, phone support, updates, or enhancements to the Software. Excelsior may at its own discretion offer fee-based support, consulting and custom engineering services for the Software.
NO FAIL-SAFE USES
The Software has been created using technologies that are not fault tolerant and thus the Software is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, including, but without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the technologies employed in the Software could lead directly to death, personal injury, or severe physical or environmental damage.
DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED TO YOU "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCELSIOR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. EXCELSIOR DOES NOT WARRANT THAT ANY OR ALL FAILURES OR ERRORS IN THE SOFTWARE WILL BE CORRECTED OR WARRANT THAT THE SOFTWARE'S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE IN COMBINATIONS YOU SELECT. NO EXCELSIOR DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS DISCLAIMER.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EXCELSIOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF EXCELSIOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
You may terminate this license at any time by destroying all copies of the Software you received or made under this Agreement. This Agreement shall terminate automatically if you fail to comply with any of its terms and conditions. On such termination, you must destroy all copies of the Software you received or made under this Agreement. The Disclaimer of Warranty and Limitation of Liability sections above shall survive termination of this Agreement.
This Agreement is the entire Agreement between us and supersedes any other communications, advertisements, or understandings with respect to the Software.