End user agreement for Attendant Manager
END-USER LICENSE AGREEMENT FOR SOFTWARE FROM ESIDIAN®
Esidian® Attendant Manager™ 3.8
IMPORTANT-READ CAREFULLY: This Esidian® End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Esidian® for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). 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, do not install, copy, or use the SOFTWARE PRODUCT.
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:
a. Software License.
(i) Registered Users. Esidian® grants registered users the right to make and use as many copies of the SOFTWARE PRODUCT as they have computers with an operating system with the registered owner the name encrypted in the product key ("PRODUCT KEY"). Registered users have the right to one copy of the PRODUCT KEY. Esidian® may provide replacement copies but is under no obligation to do so.
(ii) Unregistered Users. Unregistered users have the right to one trial evaluation for a duration specified by the SOFTWARE PRODUCT. Continued use of the SOFTWARE PRODUCT beyond the evaluation period constitutes breach of this EULA. In such event, you must uninstall and stop using the SOFTWARE PRODUCT and all of its component parts.
b. Distribution. With the exception of the PRODUCT KEY, Esidian® grants you a non-exclusive, royalty-free right to reproduce and distribute an unlimited number of copies of the SOFTWARE PRODUCT in its entirety.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Not for Resale Software. If the SOFTWARE PRODUCT is labeled "Not for Resale" or "NFR," then, notwithstanding other sections of this EULA, you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
b. Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT.
c. 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.
d. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for distribution or use. However, the SOFTWARE PRODUCT may be distributed in its entirety without the PRODUCT KEY.
e. Leasing. You may not lease or lend the SOFTWARE PRODUCT.
f. Support Services. Esidian® may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Esidian® policies and programs described in the user manual, in "online" documentation, and/or in other Esidian® provided materials. 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. With respect to technical information you provide to DisabiltySoft.com® as part of the Support Services, Esidian® may use such information for its business purposes, including for product support and development.
g. Software Transfer. You may permanently transfer all of your rights under this EULA. However, Esidian® is under no obligation to provide a replacement PRODUCT KEY in the name of the transferee.
h. Termination. Esidian® 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 labeled as an upgrade, you must be properly licensed to use a product identified by Esidian® as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE 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 EULA.
4. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Esidian®. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Esidian®.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is 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. The manufacturer is Esidian®, P.O. 531, Berkeley, CA 94701.
6. 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.A. export restrictions. Restricted countries currently include, but are not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
7. NO WARRANTIES. Esidian® expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
8. LIMITATION OF LIABILITY. In no event shall Esidian® or its suppliers be liable for any 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 Esidian® 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.
9. GUARANTEE. Notwithstanding NO WARRANTIES and LIMITATION OF LIABILITY, DisabililitySoft.com® guarantees the SOFTWARE PRODUCT works as designed. The sole remedy for breach of this GUARANTEE is replacement with a conforming SOFTWARE PRODUCT under terms and conditions set solely by Esidian®. Breach requires demonstration of reproducible error and is determined at the sole discretion of Esidian®. This GUARANTEE shall not be construed to create WARRANTIES or LIABILITIES disclaimed or limited elsewhere in this EULA.
This EULA is governed by the laws of the State of California, USA. Should you have any questions concerning this EULA, or if you desire to contact Esidian® for any reason, please write: Esidian®, P.O. Box 531, Berkeley, CA 94701. Or via email through the product website at + www.AttendantManager.com.