End user agreement for Timestimator
Timestimator End User License Agreement
NOTICE TO USERS:
PLEASE CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE TIMESTIMATOR. USER'S USE OF TIMESTIMATOR IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
TIMESTIMATOR END USER LICENSE AGREEMENT IS A CONTRACT BETWEEN YOU, EITHER A COMPANY, ENTITY OR INDIVIDUAL ("LICENSEE") AND EVERCYBER, WHICH COVERS YOUR USE (STORING, LOADING, INSTALLING, EXECUTING OR DISPLAYING) OF THE SOFTWARE PRODUCT OF EVERCYBER, THAT ACCOMPANIES THIS END USER LICENSE AGREEMENT AND RELATED SOFTWARE COMPONENTS, DATA AND "ONLINE" OR ELECTRONIC DOCUMENTATION.
1. GENERAL GRANT OF AGREEMENT
Subject to the terms and conditions of this Agreement, Evercyber grants to Licensee a non-exclusive, non-transferable license (without the right to sublicense):
a) to use the Timestimator in accordance with the Documentation,
b) to use the Documentation provided with the Timestimator in support of Licensee's authorized use of the Timestimator,
c) to copy Timestimator for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies.
Licensee shall not copy or use the Timestimator (including the Documentation) except as expressly permitted in this Agreement. Licensee will not, and will not permit any third party to modify, create derivative works of, translate, reverse engineer, decompile, disassemble, or otherwise reduce to human perceivable form any portion of the Timestimator or accompanying Documentation. In no event shall Licensee use the Timestimator for Licensee's product development or any other commercial purpose.
If Licensee purchased the Timestimator, he will receive a purchase key code. The purchase key code will enable Licensee to activate the Timestimator beyond the initial 30 (thirty) days evaluation period. Licensee may not re-license, reproduce or distribute any key code except with the express written permission of Evercyber.
If the Timestimator that Licensee have licensed is an upgrade or an update, then the update replaces all or part of the Timestimator previously licensed. The update or upgrade and the associated license keys does not constitute the granting of a second license to the Timestimator in that you may not use the upgrade or update in addition to the Timestimator that it is replacing. You agree that use of the upgrade of update terminates your license to use the Timestimator or portion thereof replaced.
2. STATEMENT OF OWNERSHIP
Evercyber shall own and retain all rights, title and interest in and to the Intellectual Property Rights in the Timestimator and any derivative works. Licensee does not acquire any other rights, express or implied, in the Timestimator.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO EVERCYBER.
Feedback and other information which is provided by Licensee to Evercyber in connection with the Timestimator or this Agreement may be used by Evercyber to improve or enhance its products and, accordingly, Evercyber shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such feedback and information without restriction.
3. STATEMENT OF COPYRIGHT RIGHTS
The Timestimator is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the Timestimator is transferred to you. You further acknowledge that title and full ownership rights to the Timestimator will remain the exclusive property of Evercyber and you will not acquire any rights to the Timestimator except as expressly set forth in this agreement. You agree that any copies of the Timestimator will contain the same proprietary notices which appear on and in the Timestimator.
4. WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS
Timestimator, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither Evercyber nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, Timestimator. Neither Evercyber nor any of its affiliates or licensors warrant that the operation of Timestimator will be uninterrupted or error-free.
Except to the extent expressly prohibited by applicable statutes, Evercyber, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, Timestimator. Any liability of Evercyber, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to Evercyber. Except to the extent expressly prohibited by applicable statutes, in no event shall Evercyber, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of Timestimator, or to your relationship with, Evercyber, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages. In addition, in no event does Evercyber authorize you or anyone else to use Timestimator in applications or systems where Timestimator's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold Evercyber, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.
You agree to defend, indemnify and hold harmless Evercyber, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Timestimator, including but not limited to out of your violation of any representation or warranty contained in this End User License Agreement.
6. RESERVED RIGHTS.
All rights not expressly granted here are reserved to Evercyber.
7. CONTACT INFORMATION.
If you have any questions about the Timestimator or this End User License Agreement, please visit our website http://www.timestimator.com.