END USER LICENSE AGREEMENT FOR INVENTCOM SOFTWARE | INFORMATION
This End-User License Agreement is a legal agreement between you (either an individual or a single entity) and Inventcom for software developed by Inventcom, which includes computer software and may include associated media, printed materials, online or electronic documentation, and Internet-based services (Software). An amendment or addendum to this Agreement may accompany the software. You agree to be bound by the terms of this agreement by installing, copying or otherwise use the software. If you do not agree, do not install, use or copy the software, you may return it to the place of purchase for a full refund, if applicable.
1 Grant of License
Inventcom grants you the following rights provided that you comply with all terms and conditions of this Agreement.
1.1 Installation and use. You may install, use, access, display and run one copy of the Software on a single computer, such as a workstation, terminal or other device. The Software may not be used by more than one processor at any one time on any single Computer.
1.2 Mandatory Activation. The license rights granted under this agreement are limited to the first thirty (30) days after you first install the Software unless you supply information required to activate your licensed copy in the manner described during the setup sequence of the Software. You can activate the Software through the use of the Internet or by telephone. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates.
1.3 Storage/Network Use. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other Computers over an internal network; however, you must acquire and dedicate an additional license for each separate Computer on or from which the Software is installed, used, accessed, displayed or run. Except as otherwise permitted, a license for the Software may not be shared or used concurrently on different Computers.
2 Reservation of Rights and Ownership
Inventcom reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright and other intellectual property laws and treaties. Inventcom or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
3 Limitations an Reverse Engineering, Decompilation and Disassembly
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity.
4 Rental or Commercial Hosting
You may not rent, lease, lend or provide commercial hosting services with the Software.
5 Consent to use of data
You agree that Inventcom may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Inventcom may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
6 Additional Software / Services
This agreement applies to updates, supplements, add-on components, or Internet-based services components of the Software that Inventcom may provide to you or make available to you after the date you obtain your initial copy of the Software, unless Inventcom provides other terms along with the update, supplement, add-on component, or Internet-based services component.
To use Software identified as an upgrade, you must first be licensed for the software identified by Inventcom as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.
8 Software Transfer
You may move the Software to a different Computer. After the transfer, you must completely remove the Software from the former Computer.
8.1 Transfer to Third Party: The initial user of the Software may make a one-time permanent transfer of this Agreement and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, and this Agreement). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the terms of this agreement.
Without prejudice to any other rights, Inventcom may terminate this Agreement if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts.
10.1 Inventcom warrants that the Software will perform substantially in accordance with the accompanying materials for a period of thirty (30) days from the date of receipt. As to any defects discovered after this period there is no warranty or condition of any kind. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
10.2 Limitation on remedies, no consequential or other damages. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Inventcom, you are not entitled to any damages, included but not limited to consequential damages, if the Software does not meet Inventcom's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 12 are also incorporated into this Limited Warranty. This Limited Warranty gives you specific legal rights. Your exclusive remedy. Inventcom’s and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this Agreement or for any other liability relating to the Software shall be, at Inventcom's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Inventcom with a copy of your receipt. You will receive the remedy elected by Inventcom without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Inventcom). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Inventcom will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Inventcom's warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by Inventcom are available without proof of purchase from an authorized international source.
11 Disclaimer of Warranties
The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Inventcom and its suppliers provide the Software and support services (if any) as is and with all faults, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.
Also, there is no warranty or condition of title, quiet enjoyment, quiet possession correspondence to description or non-infringement with regard to the software.
12 Exclusion of incidental, consequential and certain other damages
To the maximum extent permitted by applicable la, in no event shall Inventcom or its suppliers be liable for any special, incidental, punitive, indirect or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software, the provision of or failure to provide support or other services, information, software or otherwise arising out of the use of the software or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort, (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Inventcom or any supplier has been advised of the possibility of such damages.
13 Limitation of liability and remedies.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Inventcom and any of its suppliers under any provision of this Agreement and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Inventcom with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
14 Applicable law
If you acquired this Software in the United States, the laws of the State of New York govern this Agreement. If you acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply.
15 Entire Agreement, Severability
This Agreement (including any addendum or amendment to this Agreement which is included with the Software) is the entire agreement between you and Inventcom relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this Agreement. To the extent the terms of any Inventcom policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.