License Agreement
End-User License Agreement for products of Alembx Solutions LLC (Alembx)
IMPORTANT: Please read this software license agreement carefully before using this software. By using this Software, you agree to be bound by the terms and conditions stated below. If you do not agree with the terms of this license, promptly delete the Software from your system.
SOFTWARE SUPPLIERS. For purposes of this End-User License Agreement, the SOFTWARE SUPPLIERS are Alembx Solutions LLC and all parties providing Alembx with software components for inclusion in or with Alembx software products. The SOFTWARE SUPPLIERS are owners of copyrights and other proprietary rights in the enclosed licensed Software and Documentation. Title to the Software and Documentation remain with the SOFTWARE SUPPLIERS, and does not pass to the Licensee or other parties.
LICENSEE. The individual or entity who purchased the license and is becoming a party to the agreement.
1. LICENSE. You may use the Software on any individual single computer; use the Software on a network, provided that each individual accessing the Software through the network must have a copy licensed to that individual; use the Software on a second computer so long as only one copy is used at a time; or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. No resale or commercial exploitation of any kind is permitted without the express written permission of Alembx. The rights and limitations under this Agreement shall transfer to any party in receipt of the Software.
1.1 Mandatory Activation. THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE. You may not be able to exercise your rights to the Software under this license unless you activate your copy of the Software in the manner described during the launch sequence. You may also need to reactivate the Software if you modify your computer hardware or alter the Software. Alembx will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates.
2. RESTRICTIONS. You may not use, copy, modify, or transfer the Software, or any copy, in whole or in part, except as expressly provided for in this Agreement. You may not reverse engineer, reverse compile, disassemble, or decompose the Software. You may not rent, lease, loan, resell, distribute, or network the Software. You may not use any portions of the Software separately from the entire set of Software. You may not use the product beyond its intended evaluation deadline or expiration date, if any.
3. TERMINATION. The License is in effect until terminated. The License will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
4. GUARANTY AND DISCLAIMER OF WARRANTY FOR PURCHASED COPIES. THE SOFTWARE SUPPLIERS warrant to the original Licensee that the media on which the Software is recorded is free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of the receipt and/or shipping papers, Further, THE SOFTWARE SUPPLIERS hereby limit the duration of any implied warranty on the media to the period stated above. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. If the Software was provided to you electronically, the above limitation does not apply to you.
EXCEPT FOR THE FOREGOING, THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, THE SOFTWARE SUPPLIERS DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE YOU, AND NOT THE SOFTWARE SUPPLIERS OR THEIR DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
5. DEMO OR EVALUATION VERSIONS. If THE SOFTWARE SUPPLIERS designate the Software as a "Demo" or "Evaluation" version, then your license rights under this Agreement may extend solely for an evaluation period not to exceed one year, during which your use is restricted solely to allow you to determine whether to purchase an ongoing license to the Software. You may make a reasonable number of copies of the Demo or Evaluation version of this Software, including documentation, for internal distribution, provided that any such copies are unmodified and exact. You shall not charge or request donations for any such copies and distribute Demo or Evaluation versions of the Software to third parties without prior written permission. Unregistered use of the Software, including documentation, beyond the evaluation period violates THE SOFTWARE SUPPLIERS rights, as described above, including but not limited to THE SOFTWARE SUPPLIERS rights under the United States Copyright Act. You acknowledge that any Demo or Evaluation version is merely a technology demonstration that may not be at the level of performance or compatibility generally available form THE SOFTWARE SUPPLIERS products. Demo or Evaluation versions are provided strictly on an "as is" basis and are subject to Section 6, below.
6. LIMITATION OF REMEDIES. THE SOFTWARE SUPPLIERS' entire liability and your exclusive remedy as to the media (if applicable in your circumstance) shall be replacement of the media that does not meet THE SOFTWARE SUPPLIERS' limited warranty and which is returned to THE SOFTWARE SUPPLIERS in good condition with a copy of the receipt or warranty. If a failure of the media has resulted from accident, abuse or misapplication, THE SOFTWARE SUPPLIERS shall have no Responsibility to replace the media or refund the purchase price. Any replacement media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE BY THE SOFTWARE SUPPLIERS ON THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE SOFTWARE SUPPLIERS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
NEITHER THE SOFTWARE SUPPLIERS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PRODUCT EVEN IF THE SOFTWARE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. MAINTENANCE RELEASES AND UPGRADES. Provided that LICENSEE has paid the applicable Maintenance and Support Plan fees, LICENSEE will be entitled to receive any Maintenance Releases and/or Upgrades made generally available during the Maintenance Period for those Products licensed from SOFTWARE SUPPLIERS by LICENSEE and covered under a Maintenance and Support Plan. Any Upgrades released during the Maintenance Period shall be made available for electronic download by LICENSEE. Alembx shall provide LICENSEE with instructions regarding registration for such electronic downloads. Use of each Upgrade is subject to the terms of the license agreement for such Upgrade.
8. UPGRADES. If the Software is designated by THE SOFTWARE SUPPLIERS as an "Upgrade" product, then you may only use the Software if you are also currently a licensed user of the base product to which the Upgrade applies. Unless THE SOFTWARE SUPPLIERS documentation for an Upgrade specifically provides, you shall not separate upgrade products from base products, nor transfer them separately. THE SOFTWARE SUPPLIERS reserve the sole and exclusive right to set its policies and prices regarding updates, upgrades and enhancements. All other terms of this Agreement apply with equal force to any such Upgrades.
8.1 Internet-Based Services. You may not use any Alembx Internet-based services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services.
8.2 ADDITIONAL SOFTWARE/SERVICES. This license applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Alembx may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. Alembx reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
9. GOVERNMENT LICENSE. The Software is a commercial item, as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of commercial computer software and commercial computer software documentation, as such terms are used in 48 C.F.R. 12.212 (SEPT 1995), and is provided to the U.S. Government only as a commercial end item. Government end users acquire the Software and Documentation under the following terms: (I) for acquisition by or on behalf of civilian agencies, consistent with the terms set forth in 48 C.F.R. 12.212 (SEPT 1995); or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the terms set forth in 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995).
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