End user agreement for StrataSearch
STRATASEARCH(TM) END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE DOWNLOADING OR USING THIS SOFTWARE. BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE. IN ADDITION: (1) IF YOU PURCHASED THE PRODUCT, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND; OR, (2) IF YOU ARE OTHERWISE ATTEMPTING TO INSTALL THE PRODUCT AND YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT COMPLETE THE INSTALLATION; OR, (3) IF YOUR SOFTWARE WAS INCLUDED IN EQUIPMENT WHICH YOU PURCHASED AND YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE
IMPORTANT - READ CAREFULLY: This EULA is a legal agreement between you (either an individual or a single entity) and Avarin Systems Inc ("Avarin Systems") covering your use of the StrataSearch software product (the "Program"). The Program includes computer software, and may include associated media, printed materials, and "online" or electronic documentation ("Documentation"). By installing, copying, downloading, accessing or otherwise using the Program, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Avarin Systems is unwilling to license the Program to you, you may not use or copy the Program, and you should follow the instructions above concerning return or nonuse of the unused product(s) for a refund.
1. LICENSE. The Program is protected by copyright laws as well as other intellectual property laws and treaties. The Program and the Documentation are licensed, not sold, to you. This includes any updates or upgrades to the Program licensed to you by Avarin Systems (solely at Avarin Systems’ discretion). If the Program is labeled as an upgrade, you must be properly licensed to use a product identified by Avarin Systems as being eligible for the upgrade in order to use the Program. If the Program is an upgrade of a component of a package of software programs that you licensed as a single product, the Program 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. Subject to your payment of the applicable fees and your compliance with the terms of this agreement, you are hereby granted a non-exclusive and nontransferable license to use the Program and Documentation. You may use this Program on a single computer within the United States and its territories or any other country to which this program can legally be exported. This Program is "in use" on a computer when it is loaded into temporary memory or installed in permanent memory (Hard Drive, CD-ROM or other storage device). The term "Computer" as used herein shall mean the hardware, if the hardware is a single computer system, or shall mean the computer system with which the hardware operates, if the hardware is a computer system component. You agree to use your best efforts to prevent and protect the contents of the Program and Documentation from unauthorized use or disclosure. You agree that you will register this Program and its Serial Number only with Avarin Systems or one of its authorized distributors and that you will only install any Serial Number obtained directly from Avarin Systems.
The license rights granted under this EULA may be limited to the first thirty (30) days after you first install the Program unless you supply information required to activate your licensed copy in the manner described during the startup sequence of the Program. There are technological measures in this Program that are designed to prevent unlicensed or illegal use of the Program. You agree that Avarin Systems may use those measures and you agree to follow any requirements regarding such technological measures. You may also need to reactivate the Program if you modify your computer hardware, alter the Program, or install the Program on another computer. Product activation is based on the exchange of information between your computer and Avarin Systems. None of this information contains personally identifiable information nor can they be used to identify any personal information about you or any characteristics of your computer configuration.
2. RESTRICTIONS. You may not rent, lease, sell or otherwise transfer or distribute copies of the Program to others, nor may you create derivative works of the Program. You may not modify or translate the Program or Documentation without the prior consent of Avarin Systems. You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to create the source code from the Program. The Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Avarin Systems. The customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Avarin Systems. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to the Program and documentation shall remain solely with Avarin Systems.
You may not redistribute, bundle, or package the Program or other software downloaded or obtained from Avarin Systems without the prior written consent of Avarin Systems. You may not use any Program or other software downloaded or obtained from Avarin Systems in the production of a commercial product without the prior written consent of Avarin Systems.
You may not delete, remove, hide, move or alter any Icon, Image or Text that represents either the company name of Avarin Systems, the product name StrataSearch or any derivations thereof. All representations to the company name Avarin Systems or the product name StrataSearch must remain as originally distributed regardless of the presence or absence of a copyright symbol.
You may make one copy of the Program in machine readable form solely for backup purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Program, including the printed materials accompanying the Program.
This license is effective until terminated. You may terminate this license at any time by destroying the Program, Documentation, and any Serial Number as well as each backup copy. Without prejudice to any other rights, Avarin Systems 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 Program and all of its component parts. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will either destroy (or permanently erase) all copies of the Program, Documentation, and any Serial Number. Avarin Systems reserves the right to terminate Software License, Program and/or Installed Software should end user fail to remit payment for Serial Number and/or Program to Avarin Systems or an authorized reseller of Avarin Systems.
3. OWNERSHIP RIGHTS. This EULA does not grant you any rights in connection with any trademarks or service marks of Avarin Systems or its suppliers. All title and intellectual property rights in and to the Program and Documentation (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the Program, the accompanying printed materials, and any copies of the Program, are owned by Avarin Systems or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Program 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 under this EULA are reserved by Avarin Systems and its suppliers.
4. WARRANTY DISCLAIMER. THE FOLLOWING IS WITHOUT PREJUDICE TO ANY RIGHTS YOU MAY HAVE AT LAW WHICH CANNOT LEGALLY BE EXCLUDED OR RESTRICTED. AVARIN SYSTEMS AND ITS DISTRIBUTORS PROVIDE THE PROGRAM AND DOCUMENTATION "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. YOU ACKNOWLEDGE THAT NO PROMISE, REPRESENTATION, WARRANTY OR UNDERTAKING HAS BEEN MADE OR GIVEN BY AVARIN SYSTEMS TO ANY PERSON OR COMPANY ON ITS BEHALF IN RELATION TO THE PROFITABILITY OF OR ANY OTHER CONSEQUENCES OR BENEFITS TO BE OBTAINED FROM THE DELIVERY OR USE OF THE PROGRAM, DOCUMENTATION OR OTHER WRITTEN MATERIALS. YOU HAVE RELIED UPON YOUR OWN SKILL AND JUDGMENT IN DECIDING TO ACQUIRE THE PROGRAM AND DOCUMENTATION FOR USE BY YOU. IN NO EVENT DOES AVARIN SYSTEMS WARRANT THAT THE PROGRAM IS ERROR FREE OR THAT YOU WILL BE ABLE TO OPERATE THE PROGRAM WITHOUT PROBLEMS OR INTERRUPTIONS.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL AVARIN SYSTEMS OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE OR DATA OR OTHER DIRECT OR INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM FOR ANY REASON WHATSOEVER INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, OR SUPPLY OR NON-SUPPLY THE PROGRAM, EVEN IF AVARIN SYSTEMS, ITS LICENSORS OR AUTHORIZED DISTRIBUTORS OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION ON LIABILITY IS APPLICABLE WHETHER THE DAMAGES RESULT FROM ACTIONS OR INACTIONS OF AVARIN SYSTEMS OR ARE THE RESULT OF THIRD PARTIES. AVARIN SYSTEMS' TOTAL LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT IS IN ANY CASE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PROGRAM. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
6. INVESTMENT ACTIVITIES ARE HIGH RISK. No offer or solicitation to buy or sell securities or securities derivative products of any kind, or any type of trading or investment advice, recommendation or strategy, is made, given or in any manner endorsed by Avarin Systems or any of its affiliates. Avarin Systems is not recommending the purchase or sale of any security. The financial markets are inherently risky. Past performance, whether actual or indicated by simulated historical tests of strategies, is no guarantee of future performance or success. The data provided is gathered from sources believed to be reliable, but no representation is made as to the accuracy of any data presented. Investors should use their own judgment in making investment decisions. Avarin Systems assumes no liability for any losses incurred when using the Program in connection with investment activities.
7. EXPORT RESTRICTIONS. You may not download, export, or re-export any software received hereunder, regardless of the manner in which received, (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Products, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. You acknowledge that it is your sole responsibility to comply with any and all government export and other applicable laws and that the Company has no further responsibility for such after this initial license to you.
8. GENERAL. This EULA shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, as if performed wholly within the state and without giving effect to the principles of conflicts of law. This EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. Any dispute between you and Avarin Systems regarding this Agreement will be subject to the exclusive venue of the state and federal courts in the State of Colorado. If any portion hereof is found to be void or unenforceable, the remaining provisions of this EULA shall remain in full force and effect. This EULA constitutes the entire license agreement between the parties with respect to the use of the Program and Documentation.