SoftIntegration Ch Control System Toolkit End-User License Agreement
Redistribution Or Rental Not Permitted Unless Permission Is Granted
From SoftIntegration, Inc.
The undersigned ("You," "Licensee" or "End User") and
SoftIntegration, Inc. ("SoftIntegration") regarding the
SoftIntegration Ch Control System Toolkit version 2.5 in both binary and
source code form and related user documentation ("Licensed Software")
agree as follows:
SOFTINTEGRATION IS PROVIDING THE LICENSED SOFTWARE FOR YOUR USE
ON A NONEXCLUSIVE BASIS UPON THE CONDITION THAT YOU ACCEPT ALL
OF THE TERMS SET FORTH BELOW. IF YOU ARE NOT WILLING TO ACCEPT
THESE TERMS AND CONDITIONS, DO NOT INSTALL THE LICENSED SOFTWARE
OR RETURN THE LICENSED SOFTWARE UNUSED WITHIN THIRTY DAYS OF
PURCHASE FOR A REFUND OF THE PAID LICENSE FEE.
Legel Agreement. This is a legal agreement between You
(the End User, either an individual or an entity) and SoftIntegration.
This Agreement has 3 parts. Part I applies if you have not purchased
a license to the Licensed Software. Part II applies if you have
purchased a license to the Licensed Software. Part III applies to
all license grants. If you initially acquired a copy of the Licensed
Software without purchasing a license and you wish to purchase a license,
contact SoftIntegration on the Internet at http://www.softintegration.com.
By installing this Licensed Software, You
indicate Your acceptance of this Agreement. If You do not agree
to all of the terms of this Agreement, do not install the software
or promptly return the Licensed Software and all related materials
to SoftIntegration at the address written below for a refund of the
paid license fee. If You are accessing the Licensed
Software electronically, indicate Your acceptance of these terms
by selecting the "Yes" in response to the question "Do You
accept all the terms of the preceding License Agreement?" during
the installation. If You do not agree all of these terms, select
"No" in response to the same question.
Part I -- Terms Applicable When License Fees Not (yet) Paid
(Limited to Evaluation and Educational Use).
Grant. SoftIntegration grants you a non-exclusive license to use the Software
free of charge if (a) you are a student, faculty member or staff member of
an educational institution (K-12, junior college, college);
or (b) your use of the Licensed Software
is for the purpose of evaluating whether to purchase an ongoing
license to the Licensed Software. The evaluation period for use by or on
behalf of a commercial entity is limited to 30 days; evaluation use by
others is not subject to this 30 day limit.
If you are using the Software free of charge, you are not entitled to
any technical support. If you fit within the description above,
you may use the Licensed Software in the manner described in Part III.
Part II -- Terms Applicable When License Fees Paid
Grant. Subject to payment of applicable license fees,
SoftIntegration grants to you a non-exclusive license to use the
Licensed Software in the manner described in Part III.
Limited Warranty. Licensee recognizes that
SoftIntegration and its suppliers make no warranty of any kind
with respect to the Licensed Software. The sole obligation of
SoftIntegration or its suppliers with respect to the Licensed
Software shall be, in SoftIntegration's discretion, (a) to
replace free of charge any defective recording media or (b) to
refund the license fees paid for the affected media, provided
that the media is returned to SoftIntegration by Licensee within
30 days after the date of this License Agreement. The preceding
obligation of SoftIntegration does not cover damage or defects
caused by or related to improper installation or configuration,
misuse, accident, negligence or misapplication. SoftIntegration
does not warrant that the software is error-free or will operate
without interruption. THIS IS A LIMITED WARRANTY AND IT IS THE
ONLY WARRANTY MADE BY SOFTINTEGRATION.
Part III -- Terms Applicable to All License Grants
1. Grant of License. Subject to the terms and conditions of
this Agreement, SoftIntegration grants You (Licensee) the right,
as an End User, to install and use the Licensed Software on
machines residing on Licensee's premises at the address
identified in this Agreement. The Licensed Software includes all
other computer software and documentation delivered to Licensee
pursuant to this License Agreement or SoftIntegration software
support. Each copy may be installed in a single PC, workstation
or server accessed by multiple users at the same time. The
Licensed Software shall not be exported to different computers
by file sharing. Licensee agrees not to make simultaneous use of
the Licensed Software on multiple computing machines without
payment of the applicable license fees.
2. No Assignment, Transfer or Disclosure. Licensee shall
not transfer, disclose, disseminate, provide or otherwise make
available all or any part of the Licensed Software or
documentation to a third party without the prior written consent
of SoftIntegration. Licensee shall not disclose the results of
any benchmark tests of the Licensed Software to any third party
without SoftIntegration's prior written approval. Neither the
Licensed Software nor this Agreement may be assigned or
otherwise transferred by Licensee.
3. No Right to Sublicense. Licensee shall not distribute,
rent, sell, lease or sublicense all or part of the Licensed
Software or documentation to any person. Licensee agrees it
will not use or grant any right to use the Licensed Software or
any portion thereof except as authorized herein, and that it
will not make or have made, or permit to be made, any copies of
the Licensed Software, other than a single copy of the Licensed
Software for archival purposes only. Any such archival copy
shall contain the same proprietary notices or legends which are
applicable to such portions thereof. The software may contain
open source components identified and governed by licenses
in the directory CHHOME/license or CHHOME/toolkit/license
where CHHOME is the home directory in which Ch will be installed.
Those open source components are governed by their licenses
in the above directories.
4. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, SOFTINTEGRATION FURTHER DISCLAIMS ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE SOFTWARE REMAINS WITH RECIPIENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
SOFTINTEGRATION OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SOFTWARE, EVEN IF SOFTINTEGRATION HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
5. Ownership. Licensee agrees it has no rights with respect
to the Licensed Software other than those rights granted by this
Agreement. SoftIntegration has retained and will retain all
ownership rights to the Licensed Software and documentation,
including all patent rights, copyrights, trademarks, service
marks, related goodwill, and confidential and proprietary
information relating thereto.
6. Termination. The license will terminate automatically
if you fail to comply with the limitations described herein.
On termination, you must destroy all copies of the
Licensed Software and Documentation.
7. Return of Licensed Software Upon Termination. In the
event this License Agreement is terminated, Licensee agrees to
return to SoftIntegration the Licensed Software and to provide
SoftIntegration with a signed and dated written certification
that Licensee has destroyed all of its copies of the Licensed
Software. Such return and notice must be received by
SoftIntegration within thirty (30) days following notice of
termination.
8. Export Regulations. Licensee acknowledges that the
Licensed Software is subject to United States export control
laws and regulations. None of the Software or underlying
information or technology may be downloaded or otherwise exported
or reexported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria or any other country to which
the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or
the U.S. Commerce Department's Table of Denial Orders.
By downloading or using the Software, you are agreeing to the
foregoing and you are representing and warranting that you are
not located in, under the control of, or a national or resident
of any such country or on any such list.
9. No Modification or Waiver. This Agreement may be
amended, modified or supplemented only by a written instrument
executed by the parties hereto. SoftIntegration shall be deemed
not to have assented to any variations in the terms of this
Agreement or to different terms unless such assent is express,
includes an express waiver of the applicable terms of this
Agreement, and is in writing and signed. Moreover, any waiver is
only for the particular matter specified therein, and shall not
affect or impair the right of SoftIntegration to require
observance, performance or satisfaction either of that term or
condition as it applies on a subsequent occasion or of any other
term or condition.
10. Compliance with Laws. Use, duplication or disclosure of
the programs and documentation by the United States Government
is subject to restrictions as set forth in subparagraph
(c)(1)(ii) at DOD Supplement to the Federal Acquisition
Regulations ("DFAR") or subparagraphs (c)(1) and (2) of
Commercial Computer Software-Restricted Rights at 48 CFR
52.227-19.
13. Governing Law; Venue The rights and obligations of the
parties and the interpretation and enforcement of this Agreement
shall be governed by and construed in accordance with the laws
of the State of California, excluding its conflict of laws
rules. The exclusive venue of any action arising out of this
Agreement shall be the State or federal courts located in
Sacramento, California. The application of the United Nations
Convention on Contracts for the International Sale of Goods to
this Agreement is expressly excluded.
13. Contact. Should you have any questions concerning this
Agreement, or if you desire to contact SoftIntegration for any
reason, please write: SoftIntegration, Inc., 216 F Street, #68,
Davis, CA 95616, USA; www.softintegration.com.
SoftIntegration Ch Control System Toolkit EULA (Revision 091703)