End user agreement for ECMerge Pro (Windows)
End-User Licence Agreement for Ellié Computing Merge
IMPORTANT - READ CAREFULLY
This End-User Licence Agreement ("EULA") is a legal agreement between you (or the legal entity that you represent) and Ellié Computing SARL (a company registered in France RCS 481 341 824 Nanterre) for the Ellié Computing Merge product. Ellié Computing Merge includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates, registration material and supplements to the original SOFTWARE PRODUCT provided to you by Ellié Computing. Some software provided with the SOFTWARE PRODUCT (in particular Open Source libraries) are provided with their own licence agreement. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this licence agreement. If you do not agree with this EULA, do not install or use the SOFTWARE PRODUCT and destroy ALL the copies of the SOFTWARE PRODUCT in your possession.
SOFTWARE PRODUCT LICENCE
The SOFTWARE PRODUCT is protected by copyright and intellectual property laws and international treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. EVALUATION USE. If, and only if, you have been provided by Ellié Computing with a licence for the purpose of evaluating Ellié Computing Merge ("Evaluation Licence"), this EULA grants you the following rights in respect of that Evaluation Licence:
Feature Limited versus Full Featured Evaluation. Ellié Computing may grant you, free of charge, a full featured evaluation copy of the SOFTWARE PRODUCT by any relevant mean (e.g. software registration key, networked registration...). Such FULL FEATURED EVALUATION version allows you to test the SOFTWARE PRODUCT with the same algorithms as the PRODUCTION licence. The FEATURE LIMITED EVALUATION version may use additional algorithms actually reducing the quantity of data handled by the SOFTWARE PRODUCT.
Running the evaluation software. You may run copies of the SOFTWARE PRODUCT on an unlimited number of computers in the sole purpose of determining whether the SOFTWARE PRODUCT meets your requirements. You may evaluate the FULL FEATURED EVALUATION SOFTWARE PRODUCT for a Trial Period of up to 30 days. When the Trial Period is complete or if you do not ask for a Registration Code, you must either terminate your use of the SOFTWARE PRODUCT, use only the FEATURE LIMITED EVALUATION or purchase a PRODUCTION licence for the SOFTWARE PRODUCT. In particular situations, Ellié Computing can extend this period. Ellié Computing may request you to certify the number of copies of the SOFTWARE PRODUCT that you have made and/or are in your possession or control. Ellié Computing may help you determine the exact number of licences you need to purchase to comply with this EULA.
You may (a) give unaltered copies of the current evaluation version of the SOFTWARE PRODUCT to any other person, firm or single entity, except for the purpose of extending their evaluation period; (b) distribute exact copies of the current evaluation version of the SOFTWARE PRODUCT through electronic channels; and (c) make as many exact copies of the current evaluation version of the SOFTWARE PRODUCT for the purposes of such personal or electronic distribution. You may charge a reasonable fee for such distribution media which must represent the sole cost of the distribution media, electronic distribution must be free of charge. Ellié Computing may in its absolute discretion revoke these distribution rights at any time for any reason whatsoever.
2. PRODUCTION USE. If, and only if, you have acquired from Ellié Computing a production licence for the SOFTWARE PRODUCT ("Production Licence"), this EULA grants you the following rights in respect of that licence:
Feature Limited versus Full Featured Production Licence. Ellié Computing may grant either Feature Limited or Full Featured PRODUCTION licences. Ellié Computing may propose or the End-User may ask for Feature Limited Production Licence, such licence grants the same rights as Full Featured licence in nature but prevents access to certain algorithms of the SOFTWARE PRODUCT.
Time Limited versus Permanent Production Licence. Ellié Computing may grant Licences for a Limited period of time, in which case the Licence terminate at the end of the period of time specified unless this period of time is extended by Ellié Computing (in particular because of an extension purchase). A Permanent Licence is granted for an undetermined period of time.
Running the software. Either (a) you may run any copies of the SOFTWARE PRODUCT, or any prior version, for the Operating Systems for which the SOFTWARE PRODUCT is Licensed on any number of computers with the constraint that a SINGLE NAMED USER uses those computers to run the software, one at a time or (b) you may exclusively store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a networked computer or plugable/removable disk device, in this case, you must purchase a licence for each separate COMPUTER on which the SOFTWARE PRODUCT MAY be used concurrently.
Grouped Licences. Each Licence of a Licence Group is granted the same rights as a unique Licence.
Scoped Licence. Ellié Computing may grant geographical entity or entity scoped (SCOPED) Licences. Such SCOPED Licence grant ANY number (unless otherwise stated) of CONCURRENT USERS the right to run the SOFTWARE PRODUCT as long as they actually fit within the SCOPE of the Licence.
3. PERSONAL USE. If, and only if, you have acquired from Ellié Computing a personal licence for the SOFTWARE PRODUCT, this EULA grants you the following rights in respect of that licence:
Running the software. You may run any copies of the SOFTWARE PRODUCT, or any prior version for the Operating Systems for which the SOFTWARE PRODUCT is Licensed, on any number of computers with the constraint that a SINGLE NAMED USER uses those computers to run the software, one at a time.
4. SOFTWARE TRANSFER. The original licensee of the SOFTWARE PRODUCT may make a single irreversible transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include the whole SOFTWARE PRODUCT including Registration Information. The transferee of such irreversible transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE PRODUCT. The transfer of the Licence terminates the acceptance of this EULA by the original licensee, who must therefore comply with the Termination clause.
5. TERMINATION. Your licence is effective upon your acceptance of this EULA and installing the SOFTWARE PRODUCT. You may terminate this EULA at any time by destroying the SOFTWARE PRODUCT together with all copies in your possession. Ellié Computing may terminate this EULA if you fail to comply with the terms of this EULA. Upon termination, for wichever reason, you must destroy all copies of the SOFTWARE PRODUCT installed or backed up. Please visit the Ellié Computing web site (http://www.elliecomputing.com) if you wish to purchase licences to use the SOFTWARE PRODUCT for production purposes.
6. OTHER LIMITATIONS.
Alteration. You may not use or create software which consequential effect is to alter the SOFTWARE PRODUCT executables in any manner. You may not run such altered executables.
Registration Mechanism. You may not use or create software which generate storable or temporary data which effect is to enable features in the SOFTWARE PRODUCT unless explicitly and namely authorized to by Ellié Computing.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except as stated by French law.
Others Limitations on Use. Except as permitted by this EULA, you may not nor permit others to use, copy or transfer the SOFTWARE PRODUCT; distribute, rent, loan, lease, sub-license or otherwise deal in the SOFTWARE PRODUCT; alter, adapt, merge or modify the SOFTWARE PRODUCT in any way for any purpose; remove, change or obscure any product identification or notices of proprietary rights and restrictions on or in the SOFTWARE PRODUCT.
Demonstration Software. If the SOFTWARE PRODUCT is marked as "For Demonstration", then, notwithstanding other sections of this EULA, your use of the SOFTWARE PRODUCT is limited to use for demonstration, test, or evaluation purposes and you may not transfer the SOFTWARE PRODUCT.
Reservation of Rights. All rights not expressly granted are reserved by Ellié Computing.
7. UPGRADES. If the SOFTWARE PRODUCT is labelled or sold as an upgrade (UPGRADE), you must be licensed to use an eligible product for the upgrade in order to use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT made up by the UPGRADE combined with the initial SOFTWARE PRODUCT is itself licensed as a single product, which use is governed by this EULA.
8. MULTIPLE-MEDIA OR PLATFORM SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium and/or for use with more than one Platform (Operating System). The type, quantity or size of medium you receive and the quantity of Platforms supported does not influence the quantity of Licence nor the number or quality of users who may run the software.
9. BACKUP COPY. If you agree with this EULA, you may keep the original on which the SOFTWARE PRODUCT was provided by Ellié Computing and an additional copy media solely for backup or archival purposes.
10. UPDATES. Ellié Computing may revise or update the SOFTWARE PRODUCT. It is your responsability to access these updates when and if provided on Ellié Computing web site.
11. GOVERNING LAW. This Licence agreement is governed by French law.
12. LIMITED WARRANTY. Ellié Computing liability will be exclusively limited at its own option, either (a) refund of purchase price, if any, or (b) replacement of the SOFTWARE PRODUCT media which is returned to Ellié Computing with a copy of your receipt or proof of purchase. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program.
13. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SUPPORT SERVICE IS PROVIDED "AS IS". ELLIE COMPUTING DISCLAIMS ALL WARRANTIES RELATING TO THE SOFTWARE OR SUPPORT SERVICE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ELLIE COMPUTING NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ELLIE COMPUTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
14. PARTIAL VALIDITY. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable, the remainder of this EULA will not be affected.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND THAT YOU HAVE THE RIGHT TO DO SO. YOU AGREE THAT IT IS THE ONLY STATEMENT OF THE AGREEMENT BETWEEN YOU AND ELLIE COMPUTING WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT OF ANY KIND BETWEEN YOU AND ELLIE COMPUTING OR ELLIE COMPUTING'S REPRESENTATIVE(S) FOR THE SOFTWARE PRODUCT.