» version 1.0.0 - posted on 2004-10-01
EULA - End User License Agreement
NOTICE: We are willing to license software (NetworkGazer) to you only on the condition that you accept all of the terms contained in this license agreement. Your installation and use of the software constitutes your acceptance of these terms in their entirety. From this point on anywhere in the document we state SOFTWARE APPLICATION we are refering to our software called NetworkGazer.
IMPORTANT - READ CAREFULLY: This DoubleUp End-User License Agreement (EULA) is a legal agreement between you AN INDIVIDUAL OR, IF PURCHASED BY OR FOR AN ENTITY and DoubleUp Software Inc. for the DoubleUp SOFTWARE APPLICATION identified above, which includes computer software and may include associated media, printed materials, and online or electronic documentation (SOFTWARE APPLICATION). The SOFTWARE APPLICATION also includes any updates and supplements to the original SOFTWARE APPLICATION provided to you by DoubleUp Software. Any software provided along with the SOFTWARE APPLICATION that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE APPLICATION, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE APPLICATION. All sales are final without refund of the purchase price or any other cost associated with this product purchase, except where govered by limited warranty.
SOFTWARE APPLICATION LICENSE
The SOFTWARE APPLICATION is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE APPLICATION is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
Applications Software. You may install, use, access, display, run, or otherwise interact with (RUN) one copy of the SOFTWARE APPLICATION, or any prior version for the same operating system, on a single computer, workstation, terminal or other digital electronic device (COMPUTER).
Storage/Network Use. You may also store or install a copy of the SOFTWARE APPLICATION on a storage device, such as a network server, used only to RUN the SOFTWARE APPLICATION on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on which the SOFTWARE APPLICATION is RUN from the storage device. A license for the SOFTWARE APPLICATION may not be shared or used concurrently on different COMPUTERS.
Bulk Licenses. If this package is a DoubleUp Software Bulk License package, you may RUN additional copies of the SOFTWARE APPLICATION up to the number of Licensed Copies you purchased.
Reservation of Rights. All rights not expressly granted are reserved by DoubleUp Software Inc.
2. SOFTWARE APPLICATION RIGHTS AND LIMITATIONS.
Software Not for Resale. Let it be known each one of the products from DoubleUp Software are NOT FOR RESALE, including any software used for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the SOFTWARE APPLICATION.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE APPLICATION.
Separation of Components. The SOFTWARE APPLICATION is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.
Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of DoubleUp Software Inc.
Rental. You may not rent, lease, or lend the SOFTWARE APPLICATION to anyone else. It is for the sole use of the original purchaser.
Software Services Support. DoubleUp Software Inc. may provide you with software support services related to the SOFTWARE APPLICATION. Use of software support services is governed by the DoubleUp Software policies and programs described in the user manual, in online documentation and/or in other DoubleUp Software-provided materials. Any supplemental software code provided to you as part of the software support services shall be considered part of the SOFTWARE APPLICATION and subject to the terms and conditions of this EULA. With respect to technical information you provide to DoubleUp Software as part of the Support Services, DoubleUp Software may use such information for its business purposes, including for product support and development. DoubleUp Software will not utilize such technical information in a form that personally identifies you.
Software Transfer. The initial licensee of the SOFTWARE APPLICATION may NOT transfer any part of this EULA and/or SOFTWARE APPLICATION to another end user.
Termination. Without prejudice to any other rights, DoubleUp Software Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE APPLICATION and all of its component parts.
LIABILITY DISCLAIMER. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. UPGRADES. If the SOFTWARE APPLICATION is labeled as an upgrade, you must be properly licensed to use a product identified by DoubleUp Software as being eligible for the upgrade in order to use the SOFTWARE APPLICATION. A SOFTWARE APPLICATION labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE APPLICATION (including but not limited to any images, photographs, animations, video, audio, and text incorporated into the SOFTWARE APPLICATION), the accompanying printed materials, and any copies of the SOFTWARE APPLICATION are owned by DoubleUp Software or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE APPLICATION is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE APPLICATION contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE APPLICATION.
5. SOFTWARE MEDIUM. You may receive the SOFTWARE APPLICATION in more than one medium. Regardless of how (whether by CD or Electronic Form) you receive the product, you may use only one medium that is appropriate for your single COMPUTER per valid license. You may not RUN the other medium on another COMPUTER.
6. BACKUP COPY. After installation of one copy of the SOFTWARE APPLICATION pursuant to this EULA, you may keep the original media on which the SOFTWARE APPLICATION was provided by DoubleUp Software Inc. solely for backup or archival purposes. If the original media is required to use the SOFTWARE APPLICATION on the COMPUTER, you may make one copy of the SOFTWARE APPLICATION solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE APPLICATION or the printed material accompanying the SOFTWARE APPLICATION.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE APPLICATION and materials on this Site are provided with RESTRICTED RIGHTS. RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. Use, duplication, or disclosure by the U.S. Government in a transaction subject to the Federal Acquisition Regulations with Restricted Rights. The Governments rights to use, modify, reproduce, release, perform, display or disclose are restricted by paragraph (b)(3) of the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause at DFAR 252.227-7014 (Jun 1995), and the other restrictions and terms in paragraph (g)(3)(i) of Rights in Data-General clause at FAR 52.227-14, Alternative III (Jun 87) and paragraph (c)(2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 (Jun 1987).
8. EXPORT RESTRICTIONS. The following terms apply: You agree that you will not export or re-export the SOFTWARE APPLICATION, any part thereof, or any process or service that is the direct product of the SOFTWARE APPLICATION (the foregoing collectively referred to as the Restricted Components), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any part of THE SOFTWARE prohibited by any federal agency of the U.S. government. You warrant and represent that neither the US Department of Commerces Bureau of Export Administration (BXA) nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
If you acquired this SOFTWARE APPLICATION in the United States, this EULA is governed by the laws of the State of Missouri. If you acquired this SOFTWARE APPLICATION in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this SOFTWARE APPLICATION was acquired outside the United States, then local law may apply. Should you have any questions concerning this EULA, or if you desire to contact DoubleUp Software Inc.
LIMITED WARRANTY FOR SOFTWARE FURNISHED TO BE ERROR-FREE, WITHOUT DEFECTS DONE BY ANY DOUBLEUP SOFTWARE PERSONNEL, WE ACKNOWLEDGE NO WARRANTY IF SOFTWARE IS EFFECTED BY A CHANGE IN THE MICROSOFT .NET FRAMEWORK. MICROSOFT DOES CONTAIN ALL RIGHTS OF CHANGING THE .NET FRAMEWORK AT ANY TIME WITHOUT WARNING, WHICH MAY AFFECT HOW ANY SOFTWARE PURCHASED MAY ACT. THIS LIMITED WARRANTY PERTAINS TO ALL SOFTWARE OBTAINED BOTH IN AND OUTSIDE THE UNITED STATES FOR A 15 DAY PERIOD. THE LIMITED WARRANTY BEGINS THE DAY YOU REGISTER THIS SOFTWARE APPLICATION AND RECEIVE THE PRODUCT ACTIVATION KEY. THERE IS NO WARRANTY FOR ANY UNREGISTERED COPIES OF THE SOFTWARE APPLICATION. WE WILL MAKE EVERY ATTEMPT TO CORRECT ANY UNFORESEEN PROBLEMS TO THE BEST OF OUR ABILITY. IF FOR ANY REASON WE CAN NOT RESOLVE THE ISSUE WE WILL REFUND THE AMOUNT PAID BY YOU TO DOUBLEUP SOFTWARE. THIS AMOUNT IS THE PURCHASE PRICE MINUS ANY COST ACCRUED BY DOUBLEUP SOFTWARE TO GET THE PRODUCT TO YOU.
NO OTHER WARRANTIES.
To the maximum extent permitted by applicable law, DoubleUp and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE APPLICATION, and the provision of or failure to provide Support Services. This limited warranty gives you specific legal rights. You may have others, which vary from state and/or jurisdiction to state and/or jurisdiction.
LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, in no event shall DoubleUp or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE APPLICATION or the provision of or failure to provide Support Services, even if DoubleUp has been advised of the possibility of such damages. In any case, DoubleUps entire liability under any provision of this EULA shall be limited to the amount actually paid by you to Doubleup Software for the SOFTWARE APPLICATION. This amount is the purchase price minus any cost accrued by Doubleup Software to get the product to you. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.