End user agreement for A VIP Project Management Solution
END USER LICENSE AGREEMENT FOR VIP QUALITY SOFTWARE
IMPORTANT-READ CAREFULLY: This End User License Agreement ("EULA") is a
legal agreement between you (either an individual or a single entity) and
VIP Quality Software for the VIP Quality Software product identified above,
which includes VIP Task Manager and associated media and printed materials,
and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or
"SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT,
you agree to be bound by the terms of this EULA. If you do not agree to the
terms of this EULA, must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
SOFTWARE PRODUCT LICENSE
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:
Software: You may install and use one copy of the SOFTWARE PRODUCT, or in its place, any prior version for the same operating system, on a single computer.
Storage/Network Use: You may also store or install 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 or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components: The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
Rental: You may not rent or lease the SOFTWARE PRODUCT.
Software Transfer: You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
Termination: Without prejudice to any other rights, VIP Quality Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES: If the SOFTWARE PRODUCT is an upgrade from another product, whether from VIP Quality Software or another supplier, you may use or transfer the SOFTWARE PRODUCT only in conjunction with that upgraded product, unless you destroy the upgraded product. If the SOFTWARE PRODUCT is an upgrade of a VIP Quality Software product, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by VIP Quality Software or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes.
You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer.
You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
OBLIGATIONS AND WARRANTIES
VIP Quality Software will supply you with the SOFTWARE PRODUCT and provide basic technical support for a period of 12 months from the date of receipt, which will include all generally available updates and/or enhancements from time to time. For the avoidance of doubt, such technical support will include e-mail support for technical issues relating to the use of the Product but will not include any on-site visits to the Authorised Site or any other third party locations.
The Product is provided on an "as is" basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance or merchantability or fitness for a particular purpose. Without limitation, VIP Quality Software will not be liable to any person for any loss, damage, cost, expense or other claim (including consequential damages and loss of profits) in relation to the SOFTWARE PRODUCT including, without limitation: (1) any use or reliance on a SOFTWARE PRODUCT by the person (including the form and content of errors in and/or omissions from any information contained in a SOFTWARE PRODUCT); (2) any delay, interruption or other failure in the provision of the SOFTWARE PRODUCT; or (3) any change in the form or content of the SOFTWARE PRODUCT.
NO OTHER WARRANTIES AND OBLIGATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIP QUALITY SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT, AND ANY ACCOMPANYING HARDWARE.THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIP QUALITY SOFTWARE 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, EVEN IF VIP QUALITY SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.