» version 2.1 - posted on 2002-06-24
EULA - End User License Agreement
Overture Computing Corp. License Agreement
NOTE: This is a legal agreement between you and Overture Computing Corporation, a New Jersey Corporation ("OVERTURE-COMPUTING"). By installing, copying, or otherwise using this Software Product, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, simply cancel the install, and send an email to firstname.lastname@example.org for a full refund.
1. COPYRIGHT. The programs and related files (the "SOFTWARE") and the documentation are owned by OVERTURE-COMPUTING and/or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE and documentation in the same manner as other copyrighted material. OVERTURE-COMPUTING retains all rights of ownership. The rights you obtain by purchasing the license are specifically stated in this Agreement.
2. SINGLE-USER LICENSE. This license agreement permits the use of the SOFTWARE as specified in Paragraph (3) on a single computer with one keyboard/display, i.e., a computer intended to be used by one person at a time. (Multi-user or network licenses may be available for the SOFTWARE. Contact OVERTURE-COMPUTING if this would better suit your needs.)
3. LICENSE RIGHTS. If you purchased this product, you (the "LICENSEE") have the following rights:
a. You may install the SOFTWARE on one or more computers for your convenience as long as it is not possible, using the standard capabilities of the operating system of the computer, for more than one person to use the SOFTWARE at any given time. If the SOFTWARE is provided on more than one medium, it is done so for your convenience only and for the purposes of this Agreement, they will be treated as one copy of the SOFTWARE.
b. You may make one backup copy of the SOFTWARE for archival purposes.
If you are evaluating this product, you (the "LICENSEE") have the following rights:
a. You may install the SOFTWARE, for the duration of one month (evaluation period), on one or more computers for your convenience as long as it is not possible, using the standard capabilities of the operating system of the computer, for more than one person to use the SOFTWARE at any given time. If the SOFTWARE is provided on more than one medium, it is done so for your convenience only and for the purposes of this Agreement, they will be treated as one copy of the SOFTWARE.
b. You may make one backup copy of the SOFTWARE for archival purposes. After the evaluation period the archival copy must be destroyed.
4. PROHIBITED USES. The following are specifically prohibited:
a. You may NOT make copies of the SOFTWARE except as permitted in Paragraphs 3a and 3b above.
b. You may NOT loan, rent or sub-license the SOFTWARE or documentation without prior written consent of OVERTURE-COMPUTING.
c. You may NOT copy the documentation for any purpose.
d. You may NOT remove or obscure the copyright notices.
e. You may not decompile, reverse engineer, disassemble, or otherwise reduce the SOFTWARE to a human-perceivable form.
f. You may not modify, sell, rent, transfer, resell for profit, distribute or create derivative works based upon the SOFTWARE or any part thereof.
g. You will not export or reexport, directly or indirectly, the SOFTWARE into any country prohibited by the United States Export Administration Act and the regulations thereunder.
6. Limitation of damages
NEITHER OVERTURE-COMPUTING NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF OVERTURE-COMPUTING OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between OVERTURE-COMPUTING and you. You agree that OVERTURE-COMPUTING would not be able to provide the SOFTWARE on an economic basis without such limitations.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 252.227-7013. Contractor/manufacturer is Overture Computing Corporation / 10 Lockewood Lane, East Windsor, NJ 08520.
THE RIGHTS AND OBLIGATIONS OF THE PARTIES SHALL NOT BE GOVERNED BY THE PROVISIONS OF THE U.N. CONVENTION FOR THE INTERNATIONAL SALE OF GOODS, 1980.
This Agreement is governed by the laws of the State of New Jersey.