EULA - End User License Agreement
OdysseySuite Small Business Edition
END-USER LICENSE AGREEMENT
SOFTWARE PRODUCT LICENSE
1. DEFINITIONS: The term "Computer" as used herein shall mean the Hardware, if the Hardware is a single computer system, or shall mean the computer system with which the Hardware operates, if the Hardware is a computer system component. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Megasol or third party computer information or software; (ii) related explanatory written materials or files ("Documentation"); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Megasol (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Megasol. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
2. GRANT OF LICENSE. Megasol grants you the following rights to Use the software for the general purposes described in the Documentation, provided you comply with all of the terms and conditions of this EULA:
" Installation and Use. Except as otherwise expressly provided in this EULA, you may install, use, access, display and run only one (1) copy of the Software on the Computer. The Software may be used by more than one (1) processor at any one time on the Computer. If you utilise software which allows your computer to host multiple remote computers ("Remote Sessions") in order to access the Software then the number of Remote Sessions added to the number of Computers connected to the Software may not exceed the number of user licences granted in the AGREEMENT.
" EULA as a Component of the Computer - Transfer. THE LEGAL EFFECT OF THIS EULA MAY NOT BE SHARED OR TRANSFERRED TO DIFFERENT COMPUTERS. The EULA forms a mandatory part of installation of the Software on to a single Computer and must be agreed to and accepted each time the Software is installed under the terms and conditions of the AGREEMENT. You may permanently transfer all of your rights to use the Software on the Hardware under this EULA only as stipulated in the EULA, and only if the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must also include all prior versions of the Software.
" Copy Protection. THIS SOFTWARE CONTAINS TECHNOLOGICAL MEASURES THAT ARE DESIGNED TO PREVENT UNLICENSED OR ILLEGAL USE OF THE SOFTWARE. The software may be restricted in use when installed and you may be required to activate your software for full use by visiting a location on the Internet to receive activation codes created specifically for your machine. You may also need to reactivate the Software if you modify your Hardware or alter the Software.
" Back-up Copy. YOU MAY MAKE A SINGLE BACK-UP COPY OF THE SOFTWARE. You may use the back-up copy solely for your archival purposes and to reinstall the Software on the Computer. Except as expressly provided in this EULA or by local law, you may not otherwise make copies of the Software, including the printed materials accompanying the Software. You may not loan, rent, lease, lend or otherwise transfer the CD or back-up copy to another user.
" Use of Previous Version Of Software. In lieu of installing and using the latest version of the Software, you may install, use, access, display and run any prior version ("Downgrade Software") on the Computer, provided
i. you agree that Downgrade Software support will NOT be covered by an existing Technical Support Contract ("Support Contract") under which support is provided to the end-user, and, any support provided by Megasol, its affiliates or subsidiaries will be charged for at the rate then prevailing for one-off support;
ii. you agree Megasol will not provide you with the Downgrade Software or media;
iii. you may not loan, rent, lease, lend or otherwise transfer the CD or back-up copy of the Software to another end user, except as otherwise provided in the transfer provisions of this EULA; and
iv. such Downgrade Software shall be deemed "Software" for the purposes of this EULA and use of the Downgrade Software shall be in compliance with all the terms of this EULA.
v. Demonstration versions of the Software shall not be considered as Downgrade Software under any circumstances
" Reservation of Rights. Megasol Technologies KB ("Megasol") reserves all rights not expressly granted to you in this EULA.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
" Consent to Use of Data. You agree that Megasol and its affiliates may collect and use technical information gathered in any manner as part of the product support services provided to you, if any, related to the Software. Megasol and its affiliates may use this information solely to improve their products or to provide customized services or technologies to you. Megasol and its affiliates may NOT disclose this information to others, except under duress when served with a valid Order of the Court in your jurisdiction or in the jurisdiction to which Megasol and its affiliates are individually subject.
" Internet-Based Services Components. The Software contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that your use of the Internet may be insecure and you absolve Megasol and its affiliates from any liability that third parties may be able to intercept, record, view or tamper in some manner with the communications between you and such Internet-based services.
" Third Party Website Access. The Software allows you to access third party websites ("Third Party Sites"). Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by Megasol. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. MEGASOL MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
" Language Version Selection. Megasol may have agreed to provide you with and you may have agreed to purchase licenses for multiple language versions of the Software as part of the AGREEMENT and the Software setup process. In such event, you are licensed to use any of the language versions provided. While every effort has been made to ensure consistency of translation between language versions, Megasol cannot guarantee and does not warrant that any language version with the sole exception of the English version accurately expresses the intent of Megasol in writing and marketing and selling the Software.
" Demonstration Versions. Megasol may at its own option provide demonstration versions of the Software in order to allow you to evaluate the Software for your purposes prior to purchasing a license to use the Software. Megasol reserves the right to limit the use or usability of the Software in any manner which it deems to be acceptable in order to allow you to evaluate the software including but not limited to time-restrictions, data restrictions and functional restrictions. MEGASOL PROVIDES NO WARRANTY TO YOU FOR YOUR USE OF DEMONSTRATION VERSIONS OF THE SOFTWARE AND ANY USE OF THE DEMONSTRATION SOFTWARE BY YOU IS AT YOUR SOLE RISK. You are expressly prohibited from providing copies of the Demonstration Software to any third party.
" Operating System Selection. Megasol has stated in its brochures and other public media including but not limited to its web pages the required operating system software for the Computer. If you use the Software on a Computer which is not operating under one of the named operating systems, all warranties on the Software, express or implied, are void.
" Additional Software/Services. The terms of this EULA apply to Megasol updates, supplements, add-on components, or Internet-based services components of the Software ("Supplemental Components") that Megasol or its subsidiaries may provide to you or make available to you after the date you obtain your initial copy of the Software, unless other terms are provided along with such Supplemental Components. If other terms are not provided along with such Supplemental Components and the Supplemental Components are provided to you by Megasol or its subsidiaries then you will be licensed by such entity under the same terms and conditions of this EULA. THE LIMITED WARRANTY (IF ANY) INCLUDED WITH OR IN THIS EULA APPLIES TO SUCH SUPPLEMENTAL COMPONENTS (IF ANY) PROVIDED THAT YOU LICENSED THE SUPPLEMENTAL COMPONENTS WITHIN THE ORIGINAL TERM OF THE LIMITED WARRANTY. HOWEVER, PROVISION OF THE SUPPLEMENTAL COMPONENTS DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED. ALL OTHER DISCLAIMERS, EXCLUSIONS OF DAMAGES, AND LIMITATIONS OF LIABILITY AND REMEDIES SET FORTH IN THIS EULA SHALL APPLY TO SUCH SUPPLEMENTAL COMPONENTS. Megasol and its subsidiaries reserve the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.´
" Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, recompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
" Separation of Components. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
" You are not authorized to integrate or use the Software with any (a) plug-in software not developed in accordance with the Megasol Application Program Interface License Agreement or (b) any other software which attempts to directly manipulate in any manner the data access and management components of the Software regardless of whether those components reside within the Software executable or within the database system, and any such integration or use will void all warranties.
" Single EULA. The package for the Software may contain multiple versions of this EULA, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software). In this case, you are only licensed to use one (1) copy of the Software.
" Termination. Without prejudice to any other rights, Megasol may cancel this EULA if you do not abide by the terms and conditions contained herein. In such event, you must destroy all copies of the Software and all of its component parts.
" Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Megasol Technologies KB, its parent Megasol Technologies AB or its subsidiaries.
4. UPGRADES. If the Software is labeled as an upgrade, you must be properly licensed to use a product identified by Megasol as being eligible for the upgrade in order to use the Software ("Eligible Product"). For the purpose of upgrade(s) only, "Hardware" shall mean the computer system or computer system component onto which you first installed the Eligible Product. Software labeled as an upgrade replaces and/or supplements the Eligible Product which you first installed onto the Hardware. After upgrading, you may no longer use the Software that formed the basis for your upgrade eligibility (unless otherwise provided). You may use the resulting upgraded product only in accordance with the terms of this EULA and only with the Hardware. If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
6. PRODUCT SUPPORT. Software support for the Software will be provided either on an ad-hoc or contractual basis strictly in accordance with the terms published on the Megasol web site and may be changed without notice provided always that any such change shall not be applicable to you until the term of any pre-existing and pre-paid contractual support has expired.
7. EXPORT RESTRICTIONS. The Software or portions of the Software may be subject to E.E.C., U.S. or other export jurisdiction. You agree to comply with all applicable international and national laws that apply to the products, including the E.E.C. and U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by E.E.C., U.S. and other governments.
8. ADDITIONAL PROVISIONS. FOR THE LIMITED WARRANTIES, LIMITATION OF LIABILITY, AND OTHER SPECIAL PROVISIONS. PLEASE REFER TO THE ADDITIONAL PROVISIONS PROVIDED BELOW AND/OR OTHERWISE WITH THE SOFTWARE. SUCH LIMITED WARRANTIES, LIMITATION OF LIABILITY AND SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS EULA.
9. LIMITATION OF LIABILITY. IN NO EVENT WILL MEGASOL OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A MEGASOL REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. MEGASOLS AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Megasols liability to you in the event of death or personal injury resulting from Megasols negligence or for the tort of deceit (fraud). Megasol is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Megasols Customer Services Department.
10. GOVERNING LAW. Regardless of where or how you acquired the Software, this Software License Agreement and Warranty are governed by the laws of Sweden. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
11. GENERAL PROVISIONS. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Megasol. Updates may be licensed to you by Adobe with additional or different terms. This is the entire agreement between Megasol and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
12. COMPLIANCE WITH LICENSES. If you are a business or organization, you agree that upon request from Megasol or Megasols authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Megasol.
U.S. GOVERNMENT LICENSE RIGHTS. All Software 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 in this EULA. Megasol is responsible for ensuring the Software is marked with the "Restricted Rights Notice" or "Restricted Rights Legend," as required. All rights not expressly granted are reserved.