» version 0.9 - posted on 2008-09-04
EULA - End User License Agreement
End-User License Agreement for Free Beta Version of INTSPEI P-Navigator Software
IMPORTANT - READ CAREFULLY: This International Software & Productivity Engineering Institute (INTSPEI) End-User License Agreement ("EULA") is a legal agreement between you (either an individual, a firm or a single entity) and INTSPEI for the INTSPEI free beta software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("BETA SOFTWARE PRODUCT"). The BETA SOFTWARE PRODUCT also includes any updates and supplements to the original software product provided to you by INTSPEI. Any software provided along with the BETA SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing, or otherwise using the BETA SOFTWARE PRODUCT, 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 BETA SOFTWARE PRODUCT.
BETA SOFTWARE PRODUCT LICENSE. The BETA SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The BETA SOFTWARE PRODUCT is licensed, not sold.
Install BETA SOFTWARE PRODUCT on your computer at your own risk. According to this license agreement INTSPEI is not responsible for any undesirable or/and unexpected behavior of BETA SOFTWARE PRODUCT.
1. USE OF BETA SOFTWARE PRODUCT. You have been provided by INTSPEI with a license for the BETA SOFTWARE PRODUCT (BETA LICENSE) that grants you the following rights:
· Applications Software. You may install, use, access, display, run, or otherwise interact with ("RUN") copies of the BETA SOFTWARE PRODUCT on an unlimited number of computers, workstations, terminals, handheld PCs, pagers, "smart phones", or other digital electronic devices ("COMPUTER").
· Storage/Network Use. You may also store or install a copy of the BETA SOFTWARE PRODUCT on a storage device, such as a network server, used only to RUN the BETA SOFTWARE PRODUCT on your other COMPUTERS over an internal network.
· Reservation of Rights. All rights not expressly granted are reserved by INTSPEI.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
· Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the BETA SOFTWARE PRODUCT, except that you may decompile the BETA SOFTWARE PRODUCT only to the extent permissible by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the BETA SOFTWARE PRODUCT or with another program and such information is not readily available from INTSPEI or elsewhere.
· Limitations on Use. Except as permitted by this EULA, you may not nor permit others to use, copy or transfer the BETA SOFTWARE PRODUCT; distribute, rent, loan, lease, sub-license or otherwise deal in the BETA SOFTWARE PRODUCT; alter, adapt, merge, modify or translate the BETA SOFTWARE PRODUCT in any way for any purpose, including, without limitation, for error correction; remove, change or obscure any product identification or notices of proprietary rights and restrictions on or in the BETA SOFTWARE PRODUCT.
· Separation of Components. The BETA SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.
· Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of INTSPEI.
· Termination. Your license is effective upon your acceptance of this EULA and installing the BETA SOFTWARE PRODUCT. You may terminate this EULA at any time by uninstalling and destroying the BETA SOFTWARE PRODUCT together with all copies. This EULA is effective for beta period only commencing from the installation of the BETA SOFTWARE PRODUCT until the final version of the SOFTWARE PRODUCT is released. Upon termination, for any reason whatsoever, you must uninstall and destroy all copies of the BETA SOFTWARE PRODUCT and all of its component parts in any form in your possession or under your control.
3. COPYRIGHT. All title and copyrights in and to the BETA SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the BETA SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the BETA SOFTWARE PRODUCT are owned by INTSPEI or its suppliers. All title and intellectual property rights in and to the content that may be accessed through use of the BETA SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this BETA SOFTWARE PRODUCT contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the BETA SOFTWARE PRODUCT.
4. 3rd PARTY COMPONENTS
This BETA SOFTWARE PRODUCT includes components which are copyrighted by 3rd party companies and are distributed under licenses different from the BETA LICENSE. Below is the list of such components and links to their respective licenses:
csExWB 22.214.171.124 Apache license 2.0, http://www.apache.org/licenses/LICENSE-2.0
WiX 3.0.3815 Common Public License 1.0, http://opensource.org/licenses/cpl.php
Application Updater Block 2.0 Microsoft patterns & practices License for Enterprise Library, http://msdn2.microsoft.com/en-us/library/aa480459.aspx, http://www.codeplex.com/entlib/license
IniFiles CodeProject license, http://www.codeproject.com/info/cpol10.aspx
Log4Net 1.2.10 Apache license, http://www.apache.org/licenses/LICENSE-2.0
Lucene4Net 2.0.004 Apache license, http://www.apache.org/licenses/LICENSE-2.0
DsoFramer (Office control host) 1.3 Microsoft, http://www.microsoft.com/downloads/details.aspx?FamilyId=CE2CA4FD-2169-4FAC-82AF-770AA9B60D77
Trademarks and copyrights remain the property of their respective owners.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. All BETA SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein.
6. DISCLAIMER OF DAMAGES. You assume responsibility for, among other things, (i) the selection of the BETA SOFTWARE PRODUCT to achieve your intended results, (ii) the acquisition of other software (including any programming or operating system software) and/or equipment compatible with the BETA SOFTWARE PRODUCT, and (iii) the installation, use and results obtained from the BETA SOFTWARE PRODUCT.
7. THE BETA SOFTWARE PRODUCT IS SUPPLIED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTSPEI AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE BETA SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTSPEI AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE BETA SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY MIGHT GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MIGHT HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
7. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall INTSPEI or its suppliers be liable for any special, incidental, indirect, or consequential 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 of or inability to use the BETA SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if INTSPEI has been advised of the possibility of such damages.
8. GENERAL. If any part of this EULA is held by a court or competent jurisdiction to be unenforceable the validity of the remainder of this EULA will not be affected. This EULA shall be governed by and construed in accordance with Delaware law. Each party hereby irrevocably submits to the exclusive jurisdiction of the Delaware Courts to resolve all controversies or claims of whatever nature arising out of or relating to this EULA.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND INTSPEI WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND INTSPEI OR INTSPEI' AGENT(S) RELATING TO THE BETA SOFTWARE PRODUCT.