Vendisoft LLC End User License Agreement for Pre-release Software
ePresenter (Prerelease Version)
IMPORTANT - READ CAREFULLY:
This End User License Agreement for Prerelease Software ("Agreement") is a legal
agreement between you and Vendisoft LLC for the prerelease software that
accompanies this Agreement. By installing and using any or all portions of the
Software, you will indicate your acceptance of these terms and conditions, at
which point this Agreement will become a legally binding agreement between you
and Vendisoft LLC.
IN THE EVENT THAT YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO
NOT DOWNLOAD OR USE THE SOFTWARE.
1. Definitions. "Software" means (a) all of the contents of the files, disk(s),
CD-ROM(s) or other media with which this Agreement is provided, including but
not limited to (i) Vendisoft or third party computer information or software;
(ii) related explanatory written materials or files ("Documentation"); and (b)
upgrades, modified versions, updates, additions, and copies of the Software, if
any, licensed to you by Vendisoft (collectively, "Updates"). "Use", "Used" or
"Using" means to access, install, download, copy or otherwise benefit from
using the functionality of the Software. "Computer" means one central
processing unit (CPU) that accepts information in digital or similar form and
manipulates it for a specific result based on a sequence of instructions.
2. PRERELEASE/TIME SENSITIVE CODE. PORTIONS OF THE SOFTWARE ARE DESIGNED TO
CEASE FUNCTIONING ON SPECIFIC DATES. YOU WILL NEED TO PLAN FOR THE EXPIRATION
DATE PRIOR TO SUCH EXPIRATION, AND MAKE A COPY OF THE DATA THAT YOU MAY WISH TO
USE IN THE FUTURE. THE SOFTWARE CONTAINS TIME SENSITIVE AND PRERELEASE CODE
THAT IS NOT AT THE LEVEL OF PERFORMANCE AND COMPATIBILITY OF A FINAL, GENERALLY
AVAILABLE, PRODUCT OFFERING AND MAY NOT OPERATE CORRECTLY. YOUR EXERCISE OF ANY
RIGHTS UNDER THIS LICENSE IS AT YOUR SOLE DISCRETION AND YOU ASSUME ALL
RESPONSIBILITY FOR AND RISK OF ANY AND ALL DAMAGES THAT MAY RESULT FROM OR IN
CONNECTION WITH THE EXERCISE OF SUCH RIGHTS, INCLUDING WITHOUT LIMITATION THE
LOSS OF ANY DATA, PROFITS, INFORMATION, OTHER CONTENT, AND BUSINESS
INTERRUPTION.
3. Limitation on Use and Copying.
a. You are hereby notified that the Software is the copyrighted work of
Vendisoft. Vendisoft asserts all copyrights and other proprietary rights in and
to such items. Use of the Software is governed by and subject to the terms of
this Agreement. The Software is protected by law, including without limitation
the copyright laws of the United States and other countries, and by
international treaty provisions.
b. Vendisoft grants you a non-exclusive, non-transferable, limited copyright
license to use the Software as long as you comply with the terms of this
Agreement.
c. Single CPU. You are licensed to use the Software only on a single
microcomputer installation. In the event you intend to use the Software or any
part thereof on more than one microcomputer, the license fee for each such
multiple use must be purchased. In the event of simultaneous use, a license
must be obtained for each instance of possible simultaneous execution. You may
make archival copies of those portions of Software that are provided on a
machine readable media, provided such copies are for your personal use on one
microcomputer and that no more than one such copy is used at any time.
d. No Modifications. You shall not modify, adapt or translate the Software. You
shall not reverse engineer, decompile, disassemble or otherwise attempt to
discover the source code of the Software.
e. You shall not copy, reproduce, re-manufacture or in any way duplicate all or
any part of Vendisoft products whether modified or translated into another
language or not, or in any documentation, or in any other material provided by
Vendisoft in association with Vendisoft's computer program products except as
specified in this Agreement and in accordance with the terms and conditions of
this Agreement which remain in force. You agree that unauthorized distributing,
copying, duplications, or otherwise reproducing all or any part or translated
part of the computer program products provided by Vendisoft or the failure to
protect such computer programs will actually and materially damage Vendisoft.
You agree that in the event you breach this agreement, you will be liable for
damages as may be determined by a court of competent jurisdiction.
f. Trade Secrets. You agree that all techniques, algorithms, processes,
structure and organization, and code contained in Vendisoft's computer program
products constitute valuable trade secrets and confidential information of
Vendisoft and will be safeguarded by you, but in no event shall you exercise
less than due diligence and care in accordance with the laws of the country of
purchase and International Law, whichever operates to best protect the
interests of Vendisoft.
g. Except as expressly stated herein, this Agreement does not grant you any
intellectual property rights in the Software and all rights not expressly
granted are reserved by Vendisoft.
h. Demo version. This software is can only be used for evaluation. You are
prohibited from using this software in any other way.
4. Updates. Subsequent Releases. In the event that Vendisoft makes bug fixes, or
other error corrections to the Software available (collectively, "Updates"),
such Updates shall be deemed included in the defined term "Software" and
subject to the terms and conditions of this Agreement. You agree to use
commercially reasonable efforts to install such Updates for purposes of
updating the applicable Software. You expressly acknowledge and agree that the
Software may change substantially prior to commercial release of the Software
and your files and applications may not work with subsequent releases of the
Software. In addition, by installing, copying, or otherwise using Updates, you
agree to be bound by the additional license terms that accompany such Updates.
If you do not agree to the additional license terms that accompany such
Updates, you may not install, copy, or use such Updates.
5. Support. Vendisoft will provide you with limited technical support for the
Software. Support may be obtained from Vendisoft on a case-by-case basis and
upon payment of any applicable fees. Technical support will be free of charge
while the Software is in the prerelease stage. You may also report any
malfunctioning, bugs, errors of functional deficiencies, or if the prerelease
Software is not performing in accordance with specifications and Documentation
("Software Deficiency") to Vendisoft. In its sole discretion, Vendisoft may
elect to correct or provide a usable work-around solution in an upcoming
maintenance release or update, which is made available at certain times at
Vendisoft's sole discretion. If Vendisoft, in its discretion, requests written
verification of the Software Deficiency discovered by you or requests
supporting example files that exhibit the Software problem, you shall promptly
provide such verification or files, by email, telecopy, or mail, setting forth
in reasonable detail the respects in which the Software fails to perform. You
shall use reasonable efforts to cooperate in diagnosis or study of Software
Deficiencies. Vendisoft may include corrections in maintenance releases,
updates, or new major releases of the Software. Vendisoft is not obligated to
fix any Software Deficiencies.
6. Term and Termination. The term of this License shall be for 30 days during
which you can evaluate the software, after which, you agree to remove and
discontinue using the software. You may elect to purchase a full version at
any time. This License shall automatically
terminate upon your failure to comply with any term, restriction or condition
set forth herein. You may terminate this License by discarding and destroying
the Software including but not limited to the installed copy on your CPU and
any backup copies. Upon termination of this License for any reason, you shall
have no further right or license to use the Software, shall immediately
discontinue your use of the Software and destroy any and all copies of the
Software, including any installed and backup copies.
7. DISCLAIMER. VENDISOFT LLC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND OWNERSHIP OF THE SOFTWARE AND
NONINFRINGMENT UPON THE RIGHTS OF ANY OTHER PARTY. THE ENTIRE RISK OF THE
PRODUCT'S USE AS TO FUNCTIONAILITY, OPERATION AND FUNCTIONALITY OF THE SOFTWARE
IS WITH THE LICENSEE AND THE VENDOR ASSUMES NO RISK OR OBLIGATION IN CONNECTION
THEREWITH.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL VENDISOFT LCC OR ITS SUPPLIERS BE
LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN
VENDISOFT LLC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS,
DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING
LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN
YOUR JURISDICTION. THE MAXIMUM POSSIBLE LIABLILITY OF VENDISOFT LLC SHALL NOT
EXCEED THE LESSOR OF THE FULL RETAIL COST OF THE SOFTWARE OR THE AMOUNT THAT
THE LICENSEE PAID FOR SUCH LICENSE, EXCLUDING SALES TAX.
9. Governing Law. This Agreement shall be interpreted in accordance with the
laws of the State of Washington. When signed in any other country, this
agreement will be interpreted in accordance with International Law. In the
event any part of this Agreement is invalidated by court or legislative action
of competent jurisdiction, the remainder of this Agreement shall remain in
binding effect. This Agreement will not be governed by the conflict of law
rules of any jurisdiction or the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded.
10. Entire Agreement. This Agreement constitutes the entire agreement between
the parties concerning the subject matter hereof and supersedes all prior and
contemporaneous agreements and communications, whether oral or written, between
the parties relating to the subject matter hereof, and all past courses of
dealing or industry custom. The terms and conditions hereof shall prevail
exclusively over any written instrument submitted by you. Any modifications,
additions, deletions or changes to this agreement shall be in writing, dated
and signed by all parties.
