End user agreement for UpdateDates
NEWPORT SOFTWARE UpdateDates SOFTWARE LICENSE AGREEMENT
This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Newport Software for the UpdateDates product, which includes computer software and associated documentation (SOFTWARE). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install, copy or otherwise use the above software.
1 Grant of License. This License Agreement grants you the following rights:
1.1 You may install and use one copy of the SOFTWARE on a single computer.
1.2 You may make one copy of the SOFTWARE for backup purposes.
1.3 This license agreement is for the original purchaser and is non-transferable.
2. Description of other Rights and Limitations
2.1 You may not install, use, distribute, or copy the SOFTWARE except as expressly permitted in this License.
2.2 You may not permit other individuals to use the SOFTWARE.
2.3 You may not modify, reverse engineer, translate, decompile, or disassemble the SOFTWARE (except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation).
2.4 You may not incorporate into or with other software, or create derivative works based on the SOFTWARE.
2.5 You may not redistribute any part of the SOFTWARE.
2.6 You may not lease, rent, sublicense, lend, transfer, or assign the SOFTWARE.
2.7 You may not remove any proprietary notices or labels on the SOFTWARE.
You may terminate this Software Product License at any time. This License will terminate automatically if you fail to comply with any provision of the License. Upon terrmination, you must destroy all copies of the SOFTWARE.
This SOFTWARE is protected by United States Copyright Laws and International Treaty provisions and copying not in accordance with this Agreement is forbidden. You must treat the SOFTWARE just as you would any other copyrighted material, such as a book. This software is Copyright © 2002-2008 Newport Software, all rights reserved. Newport Software retains the right, title, and interest in the SOFTWARE (including all copies), and reserves all rights not expressly granted to Licensee. This License is not a sale of the original SOFTWARE or of any copy.
5. No Warranty
You accept the SOFTWARE and SOFTWARE License "AS IS", without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose, quality, and non-infringement. The entire risk as to the quality and performance of the SOFTWARE is borne by you. Should the SOFTWARE prove defective, you and not Newport Software or its suppliers assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement.
6 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEWPORT SOFTWARE DISCLAIMS ANY AND ALL LIABILITY FOR YOUR ACTIONS, INCLUDING YOUR USE OR MISUSE OF THE SOFTWARE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WHETHER IN TORT, CONTRACT, OR OTHERWISE SHALL NEWPORT SOFTWARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSSINESS INFORMATION, GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF NEWPORT SOFTWARE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL NEWPORT SOFTWARE’S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO NEWPORT SOFTWARE FOR THE SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.