This EIP Template End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity known as "Customer") and AuDkus, which owns a proprietary computer software installation system, which includes computer software and "on-line" or electronic documentation and associated media and printed materials (collectively known as "EIP Template" or "Software"). By installing, copying, or otherwise using the Software or any Software Updates, Customer agrees to be bound by the terms of this Agreement. If Customer does not agree to the terms of this Agreement, do not install, copy, or use the Software, including all Software Updates that Customer received as part of the Software (each, an "Update"). By installing, copying, or otherwise using an Update, Customer agrees to be bound by the additional license terms that accompany such Update. If Customer does not agree to the terms of the additional license terms that accompany the Update, disregard the Update and the additional license terms that accompany the Update. In this event, Customer's rights to use the Software shall continue to be governed by the then existing Agreement.
Distribution of the licensed version, that means the registered version, is not allowed. You are not allowed to distribute any kind of registration codes or algorithm to build them. If you distribute registration codes, code building algorithms or crack programs, without the author's signed permission, you agree to be guilty to pay a penalty for breach of contract of 50,000 US Dollar.
All title and copyrights in and to the Software (including but not limited to any software components, product documentation and associated media, sample files, extension files, tools and utilities, miscellaneous technical information, collectively referred to herein as the "Software"), and any copies of the Software, are owned by AuDkus. Danish copyright laws and international treaty provisions protect the Software. Therefore, you must treat the Software like any other copyrighted material, except that Customer may either (i) make one copy of the Software solely for backup or archival purposes, provided Customer reproduces and includes AuDkus copyright and trademark notices contained on the original disk labels on such backup copy, or (ii) transfer the Software to a hard disk, provided Customer keeps the original solely for backup and archival purposes. The Software is licensed, not sold.
2. GRANT OF NON-EXCLUSIVE, LIMITED LICENSE
a. AuDkus grants Customer use of the Software only if Customer has registered the Software.
b. You may use the Software on any individual single computer; use the Software on a network, provided that each individual accessing the Software through the network must have a copy licensed to that individual; use the Software on a second computer so long as only one copy is used at a time; or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
c. You may redistribute royalty-free any programs that you create for your products using the EIP Template.
d. Acceptance: The EIP Template shall be deemed accepted by Customer upon payment of the Software by Customer and shall not be granted a refund of any license fees for the Software.
3. Other Restrictions
a. The Software is the sole and exclusive property of AuDkus, including all applicable rights to patents, copyrights, trademarks and trade secrets and is provided for Customer's exclusive use for the purposes of this Agreement and will be held in confidence.
b. Customer will not remove any designation mark from any supplied material that identifies such material as belonging to or developed by AuDkus.
c. Customer may not rent, lease, or sublicense the Software.
d. Customer may permanently transfer all of Customer's rights under this Agreement, provided Customer retains no copies, Customer transfers all of the Software (including all component parts, the media and printed materials, any upgrades, and this Agreement), Customer provides AuDkus notice of Customer's name, company, and address and the name, company, and address of the person to whom Customer is transferring the rights granted herein, and the recipient agrees to the terms of this Agreement. If the Software is an upgrade, any transfer must include all prior versions of the Software. If the Software is received as part of a subscription, any transfer must include all prior deliverables of Software and all other subscription deliverables. Upon such transfer, Customer's license under this Agreement is automatically terminated.
e. Customer may use or transfer the Updates to the Software only in conjunction with Customer's then-existing Software. The Software and all Updates are licensed as a single product and the Updates may not be separated from the Software for use at any time.
Without prejudice to any other rights, AuDkus may terminate this Agreement if Customer fails to comply with the terms and conditions of this Agreement. In such event, Customer must destroy all copies of the Software in any form and all of its component parts.
If the Software is designated by AuDkus as an "Upgrade" product, then you may only use the Software if you are also currently a licensed user of the base product to which the Upgrade applies. Unless the AuDkus documentation for an Upgrade specifically provides, you shall not separate upgrade products from base products, nor transfer them separately. AuDkus reserves the sole and exclusive right to set its policies and prices regarding updates, upgrades and enhancements. All other terms of this Agreement apply with equal force to any such Upgrades.
6. Demo or Evaluation Versions
If AuDkus designates the Software as a "Demo" or "Evaluation" version, then your license rights under this Agreement shall extend solely for a 21-day evaluation period, during which your use is restricted solely to allow you to determine whether to purchase an ongoing license to the Software. You may make a reasonable number of copies of the Demo or Evaluation version of this Software, including documentation, for internal distribution, provided that any such copies are unmodified and exact. You shall not charge or request donations for any such copies and distribute Demo or Evaluation versions of the Software to third parties without prior written permission. Unregistered use of the Software, including documentation, beyond the 21-day evaluation period violates AuDkus's rights, as described above, including but not limited to AuDkus's rights under the Danish Copyright law. You acknowledge that any Demo or Evaluation version is merely a technology demonstration that may not be at the level of performance or compatibility of generally available AuDkus's products. Demo or Evaluation versions are provided strictly on an "as is" basis and are subject to Section 7, below.
7. Disclaimer of Warranty
a. NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AuDkus DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. In the event AuDkus fails to remedy material defects in the Software, Customer's exclusive remedy shall be, at AuDkus's option, either (a) to receive a refund not to exceed the license fee paid hereunder for the current term of the Agreement, or (b) shall be to correct the Software at AuDkus's sole expense.
b. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AuDkus BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF AuDkus HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.
c. Soft-IT shall be relieved of any and all obligations with respect to this section for any portions of the Software that are revised, changed, modified, or maintained by anyone other than Soft-IT.
8. Governing Law
This Agreement shall be construed and the legal relation between the parties determined in accordance with laws of Denmark.
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND AuDkus WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND AuDkus RELATING TO THE SOFTWARE.
Copyright © 2003-2005 AuDkus
Parts of the Software are © 2003-2005 by Steffen S. Rasmussen. All Rights Reserved.
Portions Copyright © 1985-2005 SoftVelocity, Inc
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Clarion for Windows is a registered Trademark of SoftVelocity, Inc
SoftVelocity is a Trademark of SoftVelocity, Inc