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EULA - End User License Agreement
Oak Lane Software, LLC licenses this software product to you subject to the terms contained in this end user license agreement ("agreement"). Read the terms and conditions of this agreement carefully before installing, copying and using this computer software and the accompanying documentation (the "software"). The software is copyrighted and it is licensed to you under this agreement, not sold to you. By installing, copying or otherwise using the software, you agree to be bound by the terms of this EULA. If you are not willing to be bound by the terms of this license agreement, do not install, copy or use the software.
This EULA is a legal agreement concerning the software between you, as either an individual or a single business entity, and Oak Lane Software, LLC. This agreement supersedes and replaces any prior proposal, representation, or understanding you may have had with Oak Lane Software, LLC relating to the software.
Grant of License
Oak Lane Software, LLC hereby grants to you, and you accept, a limited, nonexclusive license to use the Software in machine-readable, object code form only as authorized in this Agreement. For purposes of this Agreement, the Software includes any updates, enhancements, modifications, revisions, or additions to the Software made by Oak Lane Software, LLC and made available to end-users through Oak Lane Softwares web site. Notwithstanding the foregoing, Oak Lane Software, LLC shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the Software.
Scope of Use
You may use one copy of the Software registered on a single personal computer owned, leased, or otherwise controlled by you, at a single time. For purposes of this Agreement, "use" of the Software means loading the Software into the temporary or permanent memory of a computer. Installation of the Software on a network server solely for distribution to other computers is not "use" of the Software, and is permitted, as long as you have purchased a copy for each computer to which the Software is distributed. The Software may not be used on or distributed to a greater number of computers than you have purchased copies. If you use or distribute the Software to multiple users, you must ensure that the number of users does not exceed the number of copies you have obtained, or you will be in breach of this Agreement.
License Limitations and Confidentiality
You may not reverse engineer, decompile, disassemble, or otherwise translate the Software you have obtained. You may not modify or adapt the Software that you have obtained in any way. You may not copy the Software except for backup or archival purposes. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Software or Documentation. Except as authorized in this Section, no copies of the Software or Documentation or any portions thereof may be made by you or any person under your authority or control.
You shall permit only authorized users, who possess rightfully, obtained purchased copies, to use the Software or to view the Documentation. Except as expressly authorized by this Agreement, you shall not make available the Software or Documentation to any third party. You will use your best efforts to cooperate with and assist Oak Lane Software, LLC in identifying and preventing any unauthorized use, copying, or disclosure of the Software, Documentation, or any portion thereof. You may not disclose the results of any benchmark test of the Software to any third party.
This Agreement is effective upon your acceptance of the Agreement during the installation of the Software. This Agreement shall continue in effect until terminated. Oak Lane Software, LLC may terminate this Agreement if you breach any term of the Agreement. Upon termination of the Agreement by Oak Lane Software, LLC, you agree to destroy the Software, Documentation and all backup copies thereof.
United States Government Restricted Rights
The Software and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(f)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. S:52.227-19, as applicable.
Oak Lane Software, LLC warrants for a period of 90 days from the date of purchase (referred to as the "Warranty Period") that the media on which the Software is delivered will be free from defects in material and workmanship. Oak Lane Software, LLC does not warrant uninterrupted or error-free operation of the Software.
The software and documentation are licensed "as is", and Oak Lane Software, LLC disclaims any and all other warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, to the extent authorized by law. Without limitation of the foregoing, Oak Lane Software, LLC expressly does not warrants that the software will meet your requirements or that operation of the software will be uninterrupted or error free. You assume responsibility for selecting the software to achieve your intended results, and for the results obtained from your use of the software. You shall bear the entire risk as to the quality and the performance of the software.
Limitation of Liability
Oak Lane Software, LLC cumulative liability to you or any party related to you for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this agreement, including without limitation Oak Lane Softwares intellectual property indemnification obligations, in no event shall exceed the amount of license fees paid to Oak Lane Software, LLC by you under this agreement. This limitation applies to all causes of action or claims in the aggregate, including, without limitation, breach of contract, breach of warranty, indemnity, negligence, strict liability, misrepresentation, and other torts. In no event shall Oak Lane Software, LLC be liable to you or any party related to you for any indirect, incidental, consequential, special, exemplary, or punitive damages or lost profits, even if Oak Lane Software, LLC has been advised of the possibility of such damages.
Third-Party Software Licenses
The software allows running of several operating systems together with their applications simultaneously on one physical computer. Oak Lane Software, LLC does not provide you with any such licenses. It is solely your responsibility to obtain any such operating system licenses as well as any other third-party software licenses.
Governing Law and Choice of Forum
This agreement shall be governed by and interpreted in accordance with the laws of the State of Louisiana, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this EULA shall be resolved in the federal or state courts situated within the Western District of Louisiana. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.
Copyright © 2007 - 2008 Oak Lane Software, LLC. All rights reserved.