End User Software License Agreement

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End User Software License Agreement Powered By Docstoc
					                             End User Software License Agreement

       Please carefully read the following terms and conditions before opening this
program package. To the extent permitted by law, opening this package indicates your
acceptance of these terms and conditions. If you do not agree with of these terms and
conditions, promptly return this media package unopened for a full refund.

I.     License and Limited Warranty
       (Name of Owner), hereinafter called the Owner, provides this program and
licenses its use to you. You assume responsibility for the selection of this program to
achieve your intended results, and for the installation, use, and results obtained from
this program. THIS PROGRAM IS A PROPRIETARY PRODUCT OF OWNER, AND IS
PROTECTED BY COPYRIGHT LAWS. TITLE TO THIS PROGRAM, OR ANY COPY,
MODIFICATION, OR MERGED PORTION OF THIS PROGRAM SHALL AT ALL TIMES
REMAIN WITH OWNER.

        A.     Single-Use Software
               The programs licensed in this Agreement constitute single-use software.
        Each license for single-use software permits a single copy to be stored on hard
        disk and loaded for execution on a single designated type of workstation and
        operating system (platform). It is the responsibility of the licensee to assure that
        single-use software is not moved to a second workstation until it has been
        completely removed from the first.

        B.      Home use: The software is permanently stored on the hard disk of a
        workstation and one person uses that workstation more than ____% of the time it
        is in use, then that person may also use the software either on a portable
        computer or on a home computer.

                 You may:

                 1.    Copy this program into any machine readable-form for backup
                 purposes in support of your licensed use of the program;

                 2.     Transfer this program and license to another party if the other party
                 agrees to accept the terms of this Agreement. If you transfer this program,
                 you must at the same time either transfer all copies, modifications, or
                 merged portions, in whatever form, to the same party, or destroy those not
                 transferred. You may not decompile, disassemble, or otherwise reverse
                 engineer this program.

        C.     Use, Modification or Transfer:
               You may not use, copy, modify, or transfer this program, in whole or in
        part, except as expressly provided for in this Agreement. Your license is
        automatically terminated If you do transfer possession of any copy of the
        program to another party except as expressly provided,


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II.     Termination
        A.    The license is effective until terminated. You may terminate it at any time
        by destroying this program together with all copies. It will also terminate:
            If you fail to comply with any term or condition of this Agreement;
            If you fail to comply with the conditions set forth elsewhere in this
              Agreement; or
            If you fail to pay the appropriate license fees.

        B.       You agree on termination to destroy this program together with all copies.

III.    Warranties and Remedies
        A.      Owner warrants for a period of 30 days from the date of shipment that,
        under normal use, software delivery media will be free of defects in material and
        workmanship. You acknowledge and agree that Owner will satisfy this warranty it
        if corrects errors which appear in this program or in the user manuals, reported to
        Owner during the warranty period. OWNER DOES NOT WARRANT THAT ANY
        OF ITS PRODUCTS WILL MEET YOUR REQUIREMENTS, AND UNDER NO
        CIRCUMSTANCES DOES OWNER WARRANT THAT ANY OF ITS PRODUCTS
        WILL OPERATE UNINTERRUPTED OR ERROR FREE. Owner warrants and
        represents that it has the right to grant this license.

        B.     The foregoing warranties shall be deemed null and void if failure of a
        warranted item results, directly or indirectly, from an unauthorized modification to
        a warranted item; an unauthorized attempt to repair a warranted item; or misuse
        of a warranted item, including but not limited to use of a warranted item under
        abnormal operating conditions or without routinely maintaining a warranted item.
        You agree to promptly notify Owner of any suspected defects in the software
        delivery media or this program.

        C.   THE FOREGOING WARRANTIES ARE GIVEN IN LIEU OF ALL OTHER
        WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
        TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
        PARTICULAR PURPOSE.

        D.     Owner’s entire liability and your exclusive remedy shall be, in Owner’s
        sole and absolute discretion, limited to either:

                 1.      Repair or replace any warranted item which does not meet the
                         respective warranties given above; or

                 2.      Refund to you the purchase price of the warranted item.

        E.      The above warranties and limitations give you specific legal rights, and
        you may also have other rights which vary from jurisdiction to jurisdiction. Certain
        limitations set forth in this Section may not apply in some jurisdictions.

IV.     Limitation of Damages

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       In no event will Owner be liable to you for any damages, including but not limited
to any incidental, special, or consequential damages, arising out of or in connection with
this Agreement.

V.      Program Acquired by or on Behalf of Government
        A.    If this program is acquired directly or indirectly on behalf of a unit or
        agency of the United States Government, the following provisions apply:

                 1.      For civilian agencies: This program was developed at private
                 expense and is restricted computer software submitted with restricted
                 rights in accordance with subparagraphs (a) through (d) of the
                 Commercial Computer Software-Restricted Rights clause at 52.227-19 of
                 the Federal Acquisition Regulations ("FAR") and its successors, and is
                 unpublished and all rights are reserved under the copyright laws of the
                 United States.

                 2.     For units of the Department of Defense ("DoD"): This program is
                 licensed only with "Restricted Rights" as that term is defined in the DoD
                 Supplement to the FAR, clause 252.227-7024(c)(1)(ii), Rights in Technical
                 Data and Computer Software and its successors, and use, duplication, or
                 disclosure is subject to the restrictions set forth in the same. Any attempt
                 to sublicense, assign, or transfer the license or the program except as
                 expressly provided in this Agreement is void.

        C.      Support Services
                Owner will provide free telephone support during the warranty period. Free
        support will be limited to bug reports, installation, and basic operation. These
        questions can be logged through Owner’s standard support number of
        (telephone number). Owner will accept customer reports of problems found, but
        after the warranty period you will be required to purchase updated or corrected
        software.

        D.     Updates
               Upgrades, when and as available, will be provided at a separate charge.
        In order to receive notices of upgrades and enhancements, you must complete
        and return the enclosed registration form.

VI.     Severability
        The invalidity of any portion of this Agreement will not and shall not be deemed to
affect the validity of any other provision. If any provision of this Agreement is held to be
invalid, the parties agree that the remaining provisions shall be deemed to be in full
force and effect as if they had been executed by both parties subsequent to the
expungement of the invalid provision.

VII.    No Waiver



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        The failure of either party to this Agreement to insist upon the performance of any
of the terms and conditions of this Agreement, or the waiver of any breach of any of the
terms and conditions of this Agreement, shall not be construed as subsequently waiving
any such terms and conditions, but the same shall continue and remain in full force and
effect as if no such forbearance or waiver had occurred.

VIII.  Governing Law
       This Agreement shall be governed by, construed, and enforced in accordance
with the laws of the State of __________.

IX.    Attorney’s Fees
       In the event that any lawsuit is filed in relation to this Agreement, the
unsuccessful party in the action shall pay to the successful party, in addition to all the
sums that either party may be called on to pay, a reasonable sum for the successful
party's attorney fees.

X.      Mandatory Arbitration
        Any dispute under this Agreement shall be required to be resolved by binding
arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party
shall select one arbitrator and both arbitrators shall then select a third. The third
arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by
the rules of the American Arbitration Association then in force and effect.

XI.    Entire Agreement
       This Agreement shall constitute the entire agreement between the parties and
any prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding upon either party except to the extent incorporated in
this Agreement.

      By use of this software, you acknowledge that you have read this Agreement,
understand it and agree to be bound by its terms and conditions.




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ent to insist upon the performance of any
of the terms and conditions of this Agreement, or the waiver of any breach of any of the
terms and conditions of this Agreement, shall not be construed as subsequently waiving
any such terms and conditions, but the same shall continue and remain in full force and
effect as if no such forbearance or waiver had occurred.

VIII.  Governing Law
       This Agreement shall be governed by, construed, and enforced in accordance
with the laws of the State of __________.

IX.    Attorney’s Fees
       In the event that any lawsuit is filed in relation to this Agreement, the
unsuccessful party in the action shall pay to the successful party, in addition to all the
sums that either party may be called on to pay, a reasonable sum for the successful
party's attorney fees.

X.      Mandatory Arbitration
        Any dispute under this Agreement shall be required to be resolved by binding
arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party
shall select one arbitrator and both arbitrators shall then select a third. The third
arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by
the rules of the American Arbitration Association then in force and effect.

XI.    Entire Agreement
       This Agreement shall constitute the entire agreement between the parties and
any prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding upon either party except to the extent incorporated in
this Agreement.

      By use of this software, you acknowledge that you have read this Agreement,
understand it and agree to be bound by its terms and conditions.




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DOCUMENT INFO
Description: A EULA is an End User License Agreement, and is a license that grants a user the right to use a piece of computer software in a specific way. Usually, an EULA sets forth the number of computers a user can use the software on, how they can use the software, and any legal rights they are giving up by agreeing to the EULA. A EULA may be presented with software in a hard copy form, usually as a piece of paper or a sticker on a sealed product. A EULA of this nature is sometimes referred to as a shrink-wrap license.