» version 1.0 - posted on 2002-02-25
EULA - End User License Agreement
CodeTek Studios, Inc. Software License Agreement and Single Use License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE PRESSING THE "AGREE" BUTTON. BY PRESSING "AGREE," YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PRESS "DISAGREE" AND TERMINATE YOUR PURCHASE ACTIVITY FOR THIS SOFTWARE.
IMPORTANT NOTE: This software may not be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material you should contact your legal advisor.
1. General. The software, documentation and any fonts accompanying this License whether on disk, in 'read only' memory, on any other media or in any other form (collectively the "CodeTek Studios Software") are licensed, not sold, to you by CodeTek Studios, Inc. ("CodeTek Studios") for use only under the terms of this License, and CodeTek Studios reserves all rights not expressly granted to you. The rights granted herein are limited to CodeTek Studios' intellectual property rights in the CodeTek Studios Software and do not include any other patents or intellectual property rights. You own the media on which the CodeTek Studios Software is recorded but CodeTek Studios and/or CodeTek Studios's licensor(s) retain ownership of the CodeTek Studios Software itself.
2. Permitted License Uses and Restrictions. This License allows you to install and use one copy of the CodeTek Studios Software on a single computer at a time. The CodeTek Studios Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. This License does not allow the CodeTek Studios Software to exist on more than one computer at a time, and you may not make the CodeTek Studios Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the CodeTek Studios Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the CodeTek Studios Software or any part thereof. THE CodeTek Studios SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE CodeTek Studios SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer. You may not rent, lease, lend or sublicense the CodeTek Studios Software. You may, however, make a one-time permanent transfer of all of your license rights to the CodeTek Studios Software to another party, provided that: (a) the transfer must include all of the CodeTek Studios Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the CodeTek Studios Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the CodeTek Studios Software reads and agrees to accept the terms and conditions of this License.
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from CodeTek Studios if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the CodeTek Studios Software and destroy all copies, full or partial, of the CodeTek Studios Software.
5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CodeTek Studios SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CodeTek Studios SOFTWARE IS PROVIDED "AS IS", AND CodeTek Studios AND Its LICENSORS (COLLECTIVELY REFERRED TO AS "CodeTek Studios" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CodeTek Studios SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE,. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CodeTek Studios OR ANY CodeTek Studios AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY SET FORTH HEREIN. SHOULD THE CodeTek Studios SOFTWARE PROVE DEFECTIVE WITHIN THE FIRST 90 DAYS OF YOUR PURCHASE OF THIS LICENSE, YOU SHOULD CONTACT CodeTek Studios. AFTER 90 DAYS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CodeTek Studios BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE CodeTek Studios SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CodeTek Studios HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall CodeTek Studios's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Export Law Assurances. You may not use or otherwise export or re-export the CodeTek Studios Software except as authorized by United States law and the laws of the jurisdiction in which the CodeTek Studios Software was obtained. In particular, but without limitation, the CodeTek Studios Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria, or the Taliban Controlled areas of Afghanistan) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the CodeTek Studios Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
8. Government End Users. The CodeTek Studios Software and related documentation 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 being 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. Unpublished-rights are expressly reserved under the copyright laws of the United States.
9. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Illinois, as applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. The United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded, shall not govern this License. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
10. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the CodeTek Studios Software licensed hereunder and supersedes any and all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by CodeTek Studios. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions; the English version of this License shall govern.