» version 2 - posted on 2008-11-28
EULA - End User License Agreement
PB Software License Agreement
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE OPENING THIS PACKAGE. OPENING THIS PACKAGE CERTIFIES YOUR ACCEPTANCE IF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD PROMPTLY RETURN THE PACKAGE UNOPENED ALONG WITH ANY OTHER ITEM THAT WAS INCLUDED FOR FULL CREDIT.
You, as the Customer, agree as follows:
"Application Software" shall mean those portions of the Licensed Software, in object code form only, created by PB Software.
"Computer" shall mean one (1) computer device, upon which the Customer shall run the Licensed Software.
"Licensed Software" shall mean the Licensed Software plus any other software, in object code form only, supplied by PB Software. The Licensed Software may include third party software.
2.1 Except as provided for in section 2.2, You are only granted a non-transferable, non-exclusive, license to use one (1) copy of the Licensed Software on a single Computer. You may also store or install a copy of the Licensed Software on a storage device, such as a network service, for the sole use of operating the Licensed Software over an internal network; however You must acquire and dedicate a license for each separate Computer on or from which the Licensed Software is installed, used accessed, displayed or run. License for the Licensed Software may not be shared or used concurrently. No other copies may be made unless authorized in writing by PB Software. Notwithstanding the foregoing, any number of Computers may access or otherwise utilize the file and print services and peer web services for the Licensed Software. You may not revise compile, reverse engineer or disassemble the Licensed Software. The Licensed Software, comprising proprietary trade secret information of PB Software and/or its licensors, shall be held in confidence by Customer and protected from disclosure to third parties. No title to the intellectual property is transferred. You must reproduce and include all applicable copyright notices on any copy.
2.2 If you are an authorized PB distributor or an Original Equipment Manufacturer who incorporates the Licensed Software into your equipment for sale to an end user, you may transfer the Licensed Software to an end user provided that the end user agrees to be bound by the provisions of this Agreement.
2.3 EXCEPT AS PROVIDED IN SECTION 2.2 ABOVE, IF YOU TRANSFER POSSESSION OF ANY COPY OF THE LICENSED SOFTWARE TO ANOTHER PARTY WITHOUT WRITTEN CONSENT OF PB SOFTWARE, YOUR LICENSE IS AUTOMATICALLY TERMINATED. Any attempt otherwise to sublicense, assign or transfer ; any of the right, duties or obligations hereunder is void.
3.1 This Agreement grants You no title or right to ownership of the Licensed Software. Customer's license to use the Licensed Software may not be assigned, licensed, pledged, or otherwise transferred or encumbered without the prior written consent of PB Software.
THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO , THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
5.0 Limitation of Liability
5.1 IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT, (INCLUDING NEGLIGENCE) OR SHALL PB SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL , EXEMPLARY, CONSEQUENTIAL OR PENAL DAMAGES INCLUDED BUT NOT LIMITED TO LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE LICENSED SOFTWARE OR ANY PART THEREOF, OR ANY ASSOCIATED EQUIPMENT, OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITATED, SERVICE OR REPLACEMENT POWER, DOWN TIME COSTS OR CLAIMS OF YOUR CUSTOMERS AND TRANSFEREES FOR SUCH DAMAGES EVEN IF PB SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
5.2 IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL PB SOFTWARE'S LIABILITY TO YOU FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM THIS AGREEMENT OR FROM ITS PERFORMANCE OR BREACH OR FROM ANY SERVICE FURNISHED HEREUNDER EXCEED THE QUOTED CHARGES FOR THE LICENSED SOFTWARE. ANY SUCH LIABILITY SHALL TERMINATE ONE (1) YEAR FROM THE DATE OF SHIPMENT OF THE LICENSED SOFTWARE.
5.3 If PB Software furnishes You with advice or other assistance which concerns the Licensed Software or any portion thereof supplied hereunder or any system or equipment on which any such Licensed Software may be installed and which is not required pursuant to this Agreement, the furnishing of such advice or assistance will not subject PB Software to any liability, whether in contract, warranty, tort, (including negligence) or otherwise.
5.4 The products to be licensed or sold hereunder are not intended for use in any nuclear, chemical, or weapons production facility or activity, or other activity where failure of the product could lead directly to death, personal injury or severe physical or environmental damage. If so used, PB Software disclaims all liability for any damages arising as a result of the hazardous nature of the business in question, including but not limited to nuclear, chemical, or environmental damaged, injury or contamination, and You shall indemnify, hold harmless and defend PB Software, its officers, directors, employees and agents against all such liability, whether based on contract, warranty, tort (including negligence), or any other legal theory, regardless of whether PB Software had knowledge of the possibility of such damages.
6.0 Term and Termination
6.1 You may terminate the license the license granted hereunder at any time by destroying the Licensed Software together with all copies thereof and notifying PB Software in writing that all use of the Licensed Software has ceased and that same has been destroyed.
6.2 PB Software may terminate this Agreement or any license hereunder if You fail to perform any obligation or undertaking to be performed by it under this Agreement or if Customer attempts to assign this Agreement without the prior written consent of PB Software. Within twenty (20) days after termination of this Agreement, Customer shall certify in writing to PB Software that all use of the Licensed Software has ceased, and that same has been returned or destroyed.
6.3 Sections 4, 5 and 6 of this Agreement shall survive any expiration or termination and remain in effect. Termination of this Agreement or any license hereunder shall not relieve You of any obligation to pay any and all outstanding charges hereunder nor entitle You to any refund of such charges previously paid.
6.1 You agree not to export or re-export the Licensed Software to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export or re-export the Licensed Software: (a) to any country, to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country, (b) to any end-user who You know or have reason to know will utilize the Licensed Software or portion thereof in the design, development or production of nuclear, chemical or biological weapons, or (c) to any end-user who has been prohibited from participating to U.S. export transaction by any federal agency to the U.S. government.
7.1 You will pay the license fees in full within thirty days from the shipment of the Licensed Software.