End user agreement for TextMaster Data Editor Standard Edition
EXNP Inc.- TextMaster End User License Agreement
This License Agreement details your rights and entitlement to use TextMaster. Please read it carefully and treat it as valuable Property.
This Agreement is between you (either an individual or an entity) and EXNP Inc., (hereinafter called 'EXNP'). EXNP is willing to grant you the following the rights to use the Software known as TextMaster and its accompanying documentation (collectively, the 'Software') only if you agree to be bound by all of the terms and conditions of this Agreement, relevant to the version in use as distinguished by the term 'End User'. If you are not willing to agree to any of the terms of this Agreement, EXNP is unwilling to grant you a license and you should not open the sealed media package or distributed software files if it was supplied by electronic distribution. Instead you must promptly return any sealed media packaging and documentation or in the case of electronic distribution delete it completely from any storage media you may have saved it to. If you meet these above conditions any payment you have made will be refunded, except in the case where a trial version of the Software was used prior to payment and an unlock code was subsequently supplied.
1.Ownership: You acknowledge and agree that the Software consists of proprietary products of EXNP. You further acknowledge and agree that all right, title, and interest in and to the Software are and shall remain of EXNP. EXNP and its suppliers shall retain ownership of all Copyrights, Patents, Trademarks, Trade Names, Trade Secrets and other proprietary rights relating to or residing in the Software. Except for the license grant provided in Section 2, you shall have no right, title or interest in or to the Software. The Software is licensed, not sold, to you for you to use only under the terms of this Agreement. If you agree to be bound by all of the terms of this Agreement you will only own the media (if any) on which the Software may have been provided, not the Software itself.
2.Grant of License: EXNP grants you a personal, non-exclusive, non-transferable, restricted right to use one copy of the Software in the country in which you acquired the Software, for your own internal business purposes, subject to the terms of this license Agreement. If you have purchased from EXNP or its Authorized Distributor the right to use the Software for Multiple Users to store and retrieve data, then your license shall allow such multiple concurrent access, limited to the number of Users for which such a right has been paid. At any time you may have only one copy of the installation and files for the Software stored on any device or medium per user license purchased or if a site license as many as you may reasonably require, save one additional copy may be kept as a backup copy on a suitable medium per user license purchased. You understand that EXNP may update the Software at any time and in doing so incurs no obligation pursuant to this Agreement to furnish such updates to you.
3.Restrictions: I) EXNP RESERVES ALL RIGHTS IN THE SOFTWARE NOT EXPRESSLY GRANTED TO YOU. II) EXCEPT AS PERMITTED IN SECTION 2, YOU MAY NOT USE, COPY, MODIFY, CREATE DERIVATIVE WORKS OF, SELL, DISTRIBUTE, ASSIGN, PLEDGE, SUB LICENSE, LEASE, LOAN, RENT, TIMESHARE, DELIVER, ELECTRONICALLY TRANSMIT OR OTHERWISE TRANSFER THE SOFTWARE, NOR PERMIT ANY THIRD PARTY TO DO ANY OF THE FOREGOING. III) YOU MAY NOT REMOVE FROM THE SOFTWARE, OR ALTER ANY OF THE TRADEMARKS, TRADE NAMES, LOGO'S, PATENT OR COPYRIGHT NOTICES OR MARKINGS, OR ADD ANY OF THE FOREGOING TO THE SOFTWARE. IV) YOU MAY NOT DERIVE OR ATTEMPT TO DERIVE ANY OF THE SOURCE CODE BY ANY MEANS, NOR PERMIT A THIRD PARTY TO DO SO. V) YOU MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR TRANSLATE THIS SOFTWARE OR ANY PART THEREOF. VI) NO LICENSES ARE GRANTED UNDER THIS LICENSE AGREEMENT UNDER ANY PATENTS OF IMAGES. IF YOU BELIEVE YOU NEED ANY SUCH LICENSES YOU MUST CONTACT ANY THIRD PARTIES YOURSELF DIRECTLY TO OBTAIN THEM.
4.Limited Warranty: EXNP does not warrant that the functions contained in the Software will meet your requirement or that the operation of the Software will be uninterrupted or error free (it is finished 'As Is' and without warranty as to performance or results). EXNP warrants that the media that the Software is supplied on will be free from defect for a period of thirty (30) days from the receipt of the Software or in the case of Electronic Supply that the 'wrapper' the Software is contained in, shall be complete and without defect on our end of the connection. We cannot warranty however that it will be received in the same condition as the means of supply is beyond our absolute control. This Limited Warranty shall be void if failure of the Software to conform with the Warranty has resulted from improper installation, misuse, testing, neglect, accident, fire or other hazard or any breach of this Agreement. This warranty is limited to you and is not transferable. No EXNP Supplier, agent or employee is authorized to make any changes, modifications, alterations, extensions or additions to this limited Warranty. This Software is not warranted against infringement of any third part patents. EXNP has done no investigation as to infringement, and you agree that you will assume the risk of any such infringement from your use of Software.
5.Limited Remedies: In the event of a breach of the foregoing limited warranty, you must return the Software to EXNP or the EXNP authorized distributor that provided you with the Software, Postage Prepaid, before the expiration of the warranty period, with a copy of the invoice for the Software. EXNP's entire liability shall and your exclusive remedy shall be, at EXNP's sole discretion, either to I) refund the license fee you paid and terminate this Agreement. Or II) Provide a replacement copy of the Software. Any replacement being warranted for thirty (30) days.
6.No Other Warranties: OTHER THAN THE FOREGOING LIMITED WARRANTY, WHICH IS MADE SOLELY BY EXNP AND NOT BY ANY OTHER EXNP SUPPLIER, THIS SOFTWARE IS BEING LICENSED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. EXNP AND ITS SUPPLIERS DISCLAIM AND REJECT ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY IMPLIED WARRANTIES IS SIXTY (60) DAYS FROM THE DATE THE SOFTWARE IS RECEIVED BY YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
7.Limitation Of Liability: EXNP's AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE), SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU TO EXNP UNDER THIS AGREEMENT. NO EXNP SUPPLIER SHALL HAVE ANY LIABILITY WHATSOEVER UNDER THIS AGREEMENT. EXNP AND ANY OF EXNP's SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS), EVEN IF EXNP OR SUCH SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. EXNP SHALL NOT BE LIABLE FOR ANY CLAIMS OF THIRD PARTIES RELATING TO THE SOFTWARE. THE LIMITED WARRANTY, LIMITED REMEDIES AND LIMITED LIABILITY PROVISIONS CONTAINED IN THIS AGREEMENT ARE FUNDAMENTAL PARTS OF THE BASIS OF EXNP's BARGAIN HEREUNDER, AND EXNP WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE TO YOU ABSENT OF SUCH LIMITATIONS.
8:Free & Trial Versions: Where the Software is provided free on a permanent, semi permanent, limited use or trial basis all the terms relating to licensing shall be identical, save that you accept there has been no financial gain on EXNP's part and as such you use the Software without warranty or guarantees of any kind. The risk is entirely yours and you acknowledge this. You agree to indemnify us against all claims by you or any third party for any reason whatsoever. You accept that we have provided the Software for your sole benefit and have received nothing to our benefit and as such cannot be held responsible in any way and for any reason.
9.Termination: You may terminate this Agreement at any time. This Agreement shall terminate automatically upon breach of any term of this Agreement. Upon termination you shall destroy the Software and any backup copy you made pursuant to this Agreement.
11.General: This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of Ontario, Canada. If any of the provisions of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. This Agreement is the final, complete and exclusive Agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written, and may not be amended except by writing executed by both parties.
12.Copyright: This Software and all accompanying documentation are copyrighted and EXNP reserves all rights. The accompanying End User License Agreement specifies the terms and conditions governing use of this product.