End user agreement for PE Structure Viewer
PE Structure Viewer End-User License Agreement
This End-User License Agreement ("EULA") is a legal agreement between you
(either an individual, single entity or company) and SibNature company
concerning "PE Structure Viewer" software, which includes the accompanying
computer software, and may include associated media, printed materials
and any online or electronic 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, do
not install or use the SOFTWARE.
"non-commercial entity" is defined as any individual, educational institution,
charity or humanitarian organization.
"commercial entity" is defined as any corporation registered or otherwise
that derives or attempts to derive substantial commercial and monetary
gain and benefit from its efforts and endeavors. This includes all
Government and Military entities.
"personal use" means the non-commercial use of the SOFTWARE in your own home,
with your own personal computer by you, your family or by your close friends.
The computer you use the SOFTWARE in must be owned by you or by a member of
your family, you are not allowed to use an unlicensed version (after the
evaluation period) of the SOFTWARE in a computer owned by the company you
"educational use" means the use of the SOFTWARE for educational purposes
in a non-commercial institution.
"licensed version" means a version of the SOFTWARE that has been licensed
for use by a "commercial or non-commercial entity". Licensed version is
not free and you are not allowed to distribute it in any ways.
"unlicensed version" means the free version of the SOFTWARE that can only
be used by a non-commercial entity for personal, educational and
non-commercial use. The one and only exception is during the evaluation
period in which the SOFTWARE may also be used by a commercial entity.
"license" means the license you own. If you haven't bought a license
(i.e. the licensed version) you are bound by the restrictions of the
"license agreement" means this document. This license agreement is a
legal agreement between you (individual or a legal entity) and
2. The SOFTWARE is licensed, not sold.
3. GRANT OF LICENSE
3.1. UNLICENSED VERSION
Allows you to use the SOFTWARE in an unlimited amount of computers.
A commercial entity may use the SOFTWARE without charge for thirty (30) days
from the day that you install the SOFTWARE. You must pay the license fee and
register your copy to continue to use the SOFTWARE after the thirty (30) day
3.2. LICENSED VERSION
The licensed SOFTWARE may be used by the number of users indicated in your
license. Each licensed copy of the SOFTWARE may be used by a single person,
on one or more computers. If the SOFTWARE is installed on a terminal/network
server or other storage device, you must purchase a license for each user who
use the SOFTWARE. A license for the SOFTWARE may not be shared by alternating
use of the SOFTWARE between different users.
You may permanently transfer all of your rights under this license provided
you transfer all copies of the SOFTWARE and the recipient agrees to the terms
of this license.
You are hereby licensed to make copies of the SOFTWARE as you wish; give
exact copies of the original SOFTWARE to anyone; and distribute the SOFTWARE
in its unmodified form via electronic means (Internet, BBS's, Shareware
distribution libraries, CD-ROMs, etc.). You may charge a distribution fee
for the package, but you must not represent in any way that you are selling
the SOFTWARE itself. Your distribution of the SOFTWARE will not entitle you
to any compensation from SibNature. You must distribute a copy of this
EULA with any copy of the SOFTWARE and anyone to whom you distribute the
SOFTWARE is subject to this EULA.
You may not reverse engineer, de-compile, or disassemble the SOFTWARE, except
and only to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation. You may not rent, lease, or lend the
SOFTWARE. You may permanently transfer all of your rights under this EULA,
provided the recipient agrees to the terms of this EULA. You may not use the
SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of
files in violation of a copyright) or for any illegal purpose.
6. SUPPORT SERVICES
SibNature may provide you with support services related to the SOFTWARE.
Use of Support Services is governed by SibNature polices and programs
described in the user manual, in online documentation, and/or other materials
provided by SibNature, as they may be modified from time to time. Any
supplemental SOFTWARE code provided to you as part of the Support Services
shall be considered part of the SOFTWARE and subject to the terms and
conditions of this EULA. With respect to technical information you provide
SibNature as part of the Support Services, SibNature may use such
information for its business purposes, including for product support and
development. SibNature will not utilize such technical information in
a form that personally identifies you.
Without prejudice to any other rights, SibNature 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.
The SOFTWARE is protected by copyright laws and international treaty
provisions. You acknowledge that no title to the intellectual property in
the SOFTWARE is transferred to you. You further acknowledge that title and
full ownership rights to the SOFTWARE will remain the exclusive property
of the SibNature and you will not acquire any rights to the SOFTWARE
except as expressly set forth in this license. You agree that any copies
of the SOFTWARE will contain the same proprietary notices which appear on
and in the SOFTWARE.
9. NO WARRANTIES
SibNature expressly disclaims any warranty for the SOFTWARE.
The SOFTWARE and any related documentation is provided "AS IS"
without warranty of any kind, either express or implied, including,
without limitation, the implied warranties or merchantability, fitness
for a particular purpose, or non infringement. The entire risk arising
out of use or performance of the SOFTWARE remains with you.
10. LIMITATION OF LIABILITY
In no event shall SibNature or its suppliers be liable to you for any
consequential, special, incidental, or indirect damages of any kind arising
out of the delivery, performance, or use of the SOFTWARE, even if
SibNature has been advised of the possibility of such damages. In any
event, SibNature's liability for any claim, whether in contract, tort,
or any other theory of liability will not exceed the greater of u.s.$1.00 or
license fee paid by you.