ENVISIONWARE SOFTWARE LICENSE AGREEMENT AND WARRANTY
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. ENVISIONWARE, INC. ("ENVISIONWARE") IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE ORGANIZATION, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS "YOU OR YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND ENVISIONWARE. BY OPENING THIS PACKAGE, BREAKING THE SEAL, CLICKING ON THE "AGREE" OR "YES" BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE "I DO NOT AGREE", "NO" BUTTON, OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND RETURN THE FULL PRODUCT WITH PROOF OF PURCHASE TO THE RESELLER FROM WHOM IT WAS ACQUIRED WITHIN THIRTY (30) DAYS OF PURCHASE, AND YOUR MONEY WILL BE REFUNDED.
1. License.
The software, printed and electronic documentation, and media which
accompanies this license (collectively the "Software") are the property
of ENVISIONWARE or its licensors and is protected by copyright law.
While ENVISIONWARE continues to own the Software, you will have certain
rights to use the Software after your acceptance of this license.
Portions of some software modules are licensed from Artifex Software,
Inc. Portions of some software modules are licensed under the Apache
License, Version 2.0; you may not use these files except in compliance
with the Apache License. You may obtain a copy of the Apache License at
http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable
law or agreed to in writing, software distributed under the Apache
License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, either express or implied. See the Apache
License for the specific language governing permissions and limitations
under the Apache License. This ENVISIONWARE license governs any
releases, revisions, or enhancements to the Software that ENVISIONWARE
may furnish to you. Except as may be modified by an ENVISIONWARE license
certificate which accompanies, precedes, or follows this license, your
rights and obligations with respect to the use of this Software are as
follows:
You may:
A. use the Software on the quantity and type of computers indicated on your Registration Certificate. You may make that number of copies of the Software licensed to you by ENVISIONWARE as provided in your License Certificate. Your License Certificate shall constitute proof of your right to make such copies.
B. make one copy of the Software for archival purposes, or copy the Software onto the hard disk of your computer and retain the original for archival purposes;
C. use the Software on a network, provided that you have a licensed copy of the Software for each computer that can access the Software over that network;
D. make printed copies of electronic documentation for your use.
You may not:
A. copy the printed documentation which accompanies the Software;
B. sublicense, rent or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
C. transfer the Software to another person or entity;
D. post or otherwise publish electronic documentation for access outside your organization;
E. use a previous version or copy of the Software after you have received a disk replacement set or an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed;
F. use a later version of the Software than is provided herewith except as provided under the product warranty period, unless you have purchased maintenance and update service or have otherwise separately acquired the right to use such later version;
G. use, if you received the software distributed on media containing multiple ENVISIONWARE products, any ENVISIONWARE software on the media for which you have not received a permission in a License Certificate; or
H. use the Software in any manner not authorized by this license.
2. Thirty Day Money Back Guarantee:
If you are the original licensee of this
copy of the Software and are
dissatisfied with it for any reason, you may return the complete
product, together with your invoice and a statement attesting to removal
of all software components, to ENVISIONWARE or an authorized reseller,
postage prepaid, for a full refund at any time during the thirty (30)
day period following the shipment date to you of the Software.
3. Limited Warranty:
ENVISIONWARE warrants that the Software
and the media on which the Software is distributed will be free from
defects for a period of one (1) year from the date of delivery of the
Software to you. Your sole remedy in the event of a breach of this
warranty will be that ENVISIONWARE will, at its option, replace any
defective media returned to ENVISIONWARE within the warranty period or
refund the money you paid for the Software. ENVISIONWARE does not
warrant that the Software will meet your requirements or that operation
of the Software will be uninterrupted or that the Software will be
error-free. ENVISIONWARE provides product support through the reseller
from whom you purchased the SOFTWARE or directly from ENVISIONWARE for a
period of twelve (12) months from date of shipment of the SOFTWARE. In
addition to the SOFTWARE warranty offered above, ENVISONWARE extends a
twelve (12) month warranty for ENVISIONWARE brand hardware. Other
hardware components supplied to you by ENVISIONWARE may be covered by
their respective warranties. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU
OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM
STATE TO STATE AND COUNTRY TO COUNTRY.
4. Disclaimer of Damages:
SOME STATES AND COUNTRIES, INCLUDING
MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER
ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT
WILL ENVISIONWARE OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS
OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE
EVEN IF ENVISIONWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO CASE SHALL ENVISIONWARE'S OR ITS LICENSORS’ LIABILITY
EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and
limitations set forth above will apply regardless of whether you accept
the Software.
5. U.S. Government Restricted Rights:
RESTRICTED RIGHTS LEGEND. All ENVISIONWARE products and documentation are
commercial in nature. The software and software documentation are
"Commercial Items", as that term is defined in 48 C.F.R. section
2.101, consisting of "Commercial Computer Software" and
"Commercial Computer Software Documentation", as such terms are
defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section
252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section
227.7202, as applicable. Consistent with 48 C.F.R. section 12.212, 48 C.F.R.
section 252.227-7015, 48 C.F.R. section 27.7202 through 227.7202-4, 48 C.F.R.
section 52.227-14, and other relevant sections of the Code of Federal
Regulations, as applicable, ENVISIONWARE's computer software and computer
software documentation are licensed to United States Government end users with
only those rights as granted to all other end users, according to the terms and
conditions contained in this license agreement. The manufacturer is
ENVISIONWARE, Inc., 2810 Premiere Parkway, Suite 350, Duluth, GA 30097-8917.
6. General:
This Agreement will be governed by the laws of the State
of Georgia, United States of America. This Agreement and any related License
Certificate is the entire agreement between You and ENVISIONWARE relating to
the Software and: (i) supersedes all prior or contemporaneous oral or written communications,
proposals and representations with respect to its subject matter; and (ii)
prevails over any conflicting or additional terms of any quote, order,
acknowledgment or similar communications between the parties. This Agreement
may only be modified by a written document which has been signed by both You
and ENVISIONWARE. This Agreement shall terminate upon your breach of any term
contained herein and You shall cease use of and destroy all copies of the
Software. The disclaimers of warranties and damages and limitations on
liability shall survive termination. Should you have any questions concerning
this Agreement, or if you desire to contact ENVISIONWARE for any reason, please
write: EnvisionWare, Inc., 2810 Premiere Parkway, Suite 350, Duluth, GA 30097-8917 USA. Revised May 30, 2008
© 2002-2008 EnvisionWare, Inc. All Rights Reserved.