End-User License Agreement
This End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Invenology Ltd Inc. ("Invenology Ltd") for the provided Invenology Ltd's product ("Software"), which includes computer software and may include associated media, printed materials, and "online" or electronic documentation.
By purchasing, installing, copying, or otherwise using the
Software Product, you agree to be bound by all of the terms and conditions of
this License Agreement.
If you are accepting this License Agreement on
behalf of a corporation, partnership or other legal entity, the use of the terms
"you" and "your" in this License Agreement will refer to such entity.
1. GRANT OF LICENSE
Subject
to the terms and conditions of this License Agreement, Invenology Ltd grants to
you a personal, nonexclusive, nontransferable and limited license to install and
use the Software for the purposes set forth herein. All ownership and copyright
to the materials in this package, both Software Product and Documentation,
remain exclusively with the author. This Agreement allows you to install the
Software Product on multiple machines based on the license(s) paid by you to
Invenology Ltd. You may not install it on any additional machines nor at any
additional locations without obtaining additional licenses. You may make one
copy of the Software Product in machine-readable form for backup purposes only.
The backup copy must include all copyright information contained in the
original.
2. LICENSE RIGHTS
Product provided to the
U.S. Government pursuant to solicitations issued on or after December 1, 1995 is
provided with the commercial license rights and restrictions described elsewhere
herein. All Product provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995 is provided with "Restricted Rights" as
provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013
(OCT 1988), as applicable. If you acquired this Product in the United States,
this EULA is governed by the laws of the State of New Jersey. If this Product
was acquired outside the United States, then local law may apply.
3. LIMITED TRANSFER RIGHTS
Notwithstanding
the foregoing, you may transfer all your rights to use the Software to another
person or legal entity provided that: (a) you also transfer each of this
Software License Agreement, the Software and all other software or hardware
bundled or pre-installed with the Software, including all copies, updates and
prior versions, and all copies of font software converted into other formats, to
such person or entity; (b) you retain no copies, including backups and copies
stored on a computer; (c) the receiving party secures a personalized key code
from Invenology Ltd; and (d) the receiving party accepts the terms and
conditions of this Software License Agreement and any other terms and conditions
upon which you legally purchased a license to the Software. Notwithstanding the
foregoing, you may not transfer education, pre-release, or not-for-resale copies
of the Software.
4. OTHER RESTRICTIONS
The original of this
Agreement is your proof of license to exercise the rights granted herein and
must be retained by you. You may not rent or lease the Software Product, but you
may transfer your rights under this Agreement on a permanent basis provided you
transfer this Agreement and all copies of the Software Product, including all
accompanying printed materials, you do not retain any copies of the Software
Product or such materials, and the recipient agrees to be bound by the terms of
this Agreement. Any transfer of the Software must include the most recent update
and all prior revisions. You may not reverse engineer, decompile, disassemble or
otherwise translate the Software Product, except and only to the extent that
such activity is expressly permitted by applicable law notwithstanding this
limitation.
6. COPYRIGHT
The Software
Product is protected by United States copyright law and international treaty
provisions. You acknowledge that no title to the intellectual property in the
Software Product is transferred to you. You further acknowledge that title and
full ownership rights to the Software Product will remain the exclusive property
of author and you will not acquire any rights to the Software Product except as
expressly set forth in this license. You agree that any copies of the Software
Product will contain the same proprietary notices which appear on and in the
software.
7. DISCLAIMER OF WARRANTY
The Software
Product is provided "AS IS" without any warranty, either expressed or implied,
including, but not limited to, the implied warranties of merchantability and
fitness for a particular purpose. You accept all risk as to the performance of
the software. In no way will the author be liable for any damages or loss caused
by the use, or inability to use this Software Product, regardless of the
author's awareness of the potential for such damages or loss. In no event will
we be liable to you for any damages, including any lost profits, lost savings,
or other incidental or consequential damages arising from the use or the
inability to use the Software Product (even if we or an authorized dealer or
distributor has been advised of the possibility of these damages), or for any
claim by any other party.
8. LIMITATION OF LIABILITY
No
liability for consequential damages. In no event shall author or its suppliers
be liable to you for any consequential, special, incidental or indirect damages
of any kind arising out of the delivery, performance or use of the software,
even if author has been advised of the possibility of such damages. In no event
will author liability for any claim, whether in contract, tort or any other
theory of liability, exceed the license fee paid by you, if any.
9. EXPORT CONTROL LAWS
The export and
re-export of Invenology Ltd software products are controlled by the United
States Export Administration Regulations, and such software may not be exported
or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any
country to which the United States embargoes goods. In addition, Invenology Ltd
software may not be distributed to persons on the Table of Denial Orders, the
Entity List, or the List of Specially Designated Nationals.
By downloading an
Invenology Ltd software product you are certifying that you are not a national
of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which
the United States embargoes goods, and that you are not a person on the Table of
Denial Orders, the Entity List, or the List of Specially Designated
Nationals.
All Invenology Ltd products and publications are commercial in
nature. The software and documentation available on this Site are "Commercial
Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial
Computer Software" and "Commercial Computer Software Documentation," as such
terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4,
as applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are licensed to U.S. Government end users (A) only as Commercial
Items and (B) with only those rights as are granted to all other end users
pursuant to the terms and conditions herein.
10. TERMINATION OF LICENSE
This Agreement
takes effect upon your acceptance of the terms of this Agreement and remains
effective until terminated by either party in accordance with this Agreement.
You may terminate this Agreement at any time by destroying all copies of the
Software Product in your possession and giving us prompt notice of same. Without
prejudice to any other rights, author may terminate this EULA if you fail to
comply with the terms and conditions of this EULA. In such event, you must
destroy all copies of the Software Product and all of its component
parts.
Should you have any questions concerning these terms and conditions, or if you desire to contact Invenology Ltd for any reason, please e-mail sales@invenology.com or visit http://www.invenology.com.