» version 3.0 - posted on 2006-05-20
EULA - End User License Agreement
PREVY CLIENT LICENSE AGREEMENT
BY INSTALLING OR BUYING OR USING THE PREVY SOFTWARE, YOU CONSENT ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT TO BE BOUND BY, AND BECOME A PARTY TO, THIS AGREEMENT AS THE "LICENSEE."
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT BUY, INSTALL OR USE THE SOFTWARE, AND YOU WILL NOT BECOME A LICENSEE UNDER THIS AGREEMENT.
1.LIMITED USE LICENSE
Prevy.com. grants the Licensee the non-exclusive, non-transferable, limited right and license to install and use this Program solely for the Licensees personal use. All rights not specifically granted under this Agreement are reserved by Prevy.com. This Program is licensed, not sold. This license confers no title or ownership in this Program and should not be construed as a sale of any rights in this Program.
This license does not entitle Licensee to receive from Prevy.com, hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Software.
2. LIMITATIONS ON USE
Licensee shall not:
- Exploit this Program or any of its parts commercially.
- Sell, rent, lease, license, distribute or otherwise transfer this Program, or any copies of this Program, without the express prior written consent of Prevy.com.
- Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of this Program, in whole or in part, save to the limited extent permitted by law.
- Remove, disable or circumvent any proprietary notices or labels contained on or within the Program.
- Export or re-export this Program or any copy or adaptation in violation of any applicable laws or regulations.
3. PROPRIETARY RIGHTS
Title, ownership rights, and intellectual property rights in the Software (including but not limited to any titles, computer code, themes, objects, concepts, artwork, methods of operation, any related documentation)shall remain in Prevy.com and/or its suppliers. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Prevy's or its suppliers' ownership of or rights with respect to the Software. The Software is protected by copyright and other intellectual property laws and by international treaties. All trademarks used in connection with the Software are owned by Prevy.com., its affiliates or its suppliers, and no license to use any such trademarks is provided hereunder. Title and related rights in the content accessed through the Software are the property of the applicable content owner and are protected by applicable law. The license granted under this Agreement gives Licensee no rights in or to such content.
Licensee agrees to indemnify, hold harmless, and at Prevy's request and its expense, to defend Prevy and its affiliates from any and all costs, damages and reasonable attorneys' fees resulting from any claim that the Licensee's use of the Software has injured or otherwise violated any right of any third party or violates any law.
5. HARDWARE AND CONNECTIONS TO THE INTERNET
It is the licensees sole responsibility to establish and maintain adequate access to the Internet, as well as provide the equipment necessary for them to download the software and to use the Software.
6. DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THAT THE PRODUCT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, CONDITIONS OR OTHER TERMS, INCLUDING ANY IMPLIED TERM OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.LICENSOR AND ITS SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO USE OF THE SOFTWARE. LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE, INCLUDING THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
7. LIMITATION OF LIABILITY
PREVY.COM. AND ITS LICENSORS SHALL NOT BE LIABLE IN CONTRACT, TORT OR OTHERWISE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING SOFTWARE. IN NO EVENT WILL PREVY.COM. OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF PREVY.COM. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE PREVY.COM'S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED THE FEES LICENSEE PAID FOR THIS LICENSE. NOTHING IN THIS AGREEMENT SHALL LIMIT PREVY.COM.'S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR IN THE TORT OF DECEIT.
8. HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems ("High Risk Activities"). ACCORDINGLY, PREVY.COM AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. LICENSEE AGREES THAT PREVY.COM AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE IN SUCH APPLICATIONS.
9. INJUNCTIVE RELIEF
Licensee acknowledges and agrees that, notwithstanding any other provisions of this Agreement, any breach or threatened breach of this Agreement by Licensee shall cause Prevy.com. irreparable damage for which recovery of money damages would be inadequate and that Prevy.com. therefore may seek and obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
Should Licensee breach this Agreement, Licensee's right to use the Software shall terminate immediately and without notice. Licensee may also terminate this Agreement by simply discontinuing use of the Software. In the event of any termination of this Agreement, the restrictions on use set forth in Paragraph 2 ("Limitations on Use"), as well as Paragraphs 3 through 11 shall survive such termination and Licensee agrees to continue to be bound by those terms. Upon termination, Licensee shall destroy all copies of the Software.
11. THIS AGREEMENT IS GOVERNED BY THE LAWS OF GIBRALTAR
If a court should hold any provision of this Agreement invalid or unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions shall remain in full force and effect.
Copyright 2006 Prevy.com. All Rights Reserved