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SOFTWARE PRODUCT: (PRODUCT)
COMPUTER/SERVER: Installation on one (1)
computer for one (1) site/domain.
MANAGEMENT GROUPS: One (1) Site
SPECIAL NOTE :
(PRODUCT) is licensed on a per site / domain basis.
This means that you can use the application on only one(1) site and
provide content for this same site. This application cannot be
rebranded or resold and all of our copyright notices must remain
visible.
esseff Digital, LLC. END- USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY:
This End-User License Agreement ("EULA")
is a legal agreement between you (either an individual or a single
entity) and esseff Digital, LLC. ("esseff") for the esseff Digital,
LLC. product identified above, which includes computer software and
may include associated media, printed materials, and "online" or
electronic documentation (collectively, "SOFTWARE PRODUCT"). By
installing, copying, or otherwise using the SOFTWARE PRODUCT, you
agree to be bound by the terms of this EULA. If you do not agree to
the terms of this EULA, you may not use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
Copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties protect the
SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold. The
SOFTWARE PRODUCT is owned and copyrighted by esseff and its third
party suppliers. Your license confers no title or ownership in the
Software and is not a sale of any rights in the Software. esseff's
third party suppliers may protect their rights in the event of any
violation of these License Terms.
INTRODUCTION. The SOFTWARE PRODUCT is
comprised of any or all of the following components: (i) the core
file components, (ii) esseff Database Scripts, (iii) esseff Database
Schema, (iv) esseff Database Stored Procedures, (v) esseff Image
Files, (vi) esseff Documentation, (vii) esseff "Online"
Documentation. This EULA describes your rights with respect to the
SOFTWARE PRODUCT and its components. The following terms govern your
use of the specified SOFTWARE PRODUCT unless you have a separate
written agreement with esseff.
1. GRANT OF LICENSE. This EULA grants you the
following rights:
* Standard Use
. You may install and use one (1) copy of the SOFTWARE PRODUCT
on a single computer and on a single company. The number of
Management Groups allowed appears at the beginning of this EULA, if
applicable. The number of Administrative Accounts allowed appears at
the beginning of this EULA, if applicable. You must disclose and
reveal to esseff the name of the company on which the SOFTWARE
PRODUCT will be installed and used. "Use" means storing, loading,
installing, executing or displaying the SOFTWARE PRODUCT.
* Modification
Use . esseff grants you a non-exclusive, limited license,
subject to the modification requirements below, to modify the
SOFTWARE PRODUCT. The modified SOFTWARE PRODUCT shall not be made
available for sale, resale, distribution or publication under any
circumstances. esseff will not offer technical support for the
modified SOFTWARE PRODUCT. esseff will not offer upgrades for the
modified SOFTWARE PRODUCT.
* Modification
Use Requirements. Software Product. If you exercise the
modification rights described above, you agree to: (a) only exercise
the modification rights described above on the SOFTWARE PRODUCT
installed on the company registered with esseff for use of the
SOFTWARE PRODUCT; (b) limit the modified SOFTWARE PRODUCT to the
same parameters (number of computers (servers), number of Management
Groups, number of Administrative Accounts) specified in this license
agreement; (c) not use esseff's name, logo, or trademarks to
identify the modified SOFTWARE PRODUCT without esseff’s written
permission; (d) reproduce and maintain all esseff copyright notices
in the original SOFTWARE PRODUCT on all adaptations; and (e)
indemnify, hold harmless, and defend esseff from and against any
claims or lawsuits, including attorney's fees, that arise or result
from use of the modified SOFTWARE PRODUCT; (f) not disable any
licensing control features of the SOFTWARE PRODUCT.
* esseff Image Files. If you use any of the
Image Files, you agree to: (a) not use the Image Files to disparage
esseff, its products or services or for promotional goods or for
products which, in esseff's sole judgment, may diminish or otherwise
damage esseff's goodwill in the SOFTWARE PRODUCT including but not
limited to uses which could be deemed under applicable law to be
obscene or pornographic, uses which are excessively violent,
unlawful, or which purpose is to encourage unlawful activities; (b)
not use the Image files to imply esseff's sponsorship, endorsement
or approval of your SOFTWARE PRODUCT modification, service or
content provided by your company; (c) not alter the Image Files in
any way; and (d) not combine the Image Files with any other object,
including, but not limited to, other logos, words, graphics, photos,
slogans, numbers, design features or symbols.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Support Services. esseff may provide you with
support services related to the SOFTWARE PRODUCT ("Support
Services"). All support services will be provided either by e-mail
or phone for a time period of six (6) months starting the same day
that the SOFTWARE PRODUCT is supplied. Any supplemental software
code or alteration in database schema provided to you as part of the
Support Services shall be considered part of the SOFTWARE PRODUCT
and subject to the terms and conditions of this EULA. With respect
to technical information you provide to esseff as part of the
Support Services, esseff may use such information for its business
purposes, including for product support and development. esseff will
not utilize such technical information in a form that personally
identifies you.
* Confidential
Information. The term "Confidential Information" means any
information or material, which is proprietary to esseff, whether or
not owned or developed by esseff, which is not generally known other
than by esseff, and which you have obtained through esseff.
Confidential Information includes without limitation: trade secrets,
technical information, product design information, database scripts,
database schema, source code and/or object code, copyrights and
other intellectual property associated with the SOFTWARE PRODUCT.
* Protection of
Confidential Information. You understand and acknowledge that
the Confidential Information associated with the SOFTWARE PRODUCT
has been developed or obtained by esseff by the investment of
significant time, effort and expense, and that the Confidential
Information is a valuable, special and unique asset of esseff, which
provides esseff with a significant competitive advantage, and needs
to be protected from improper disclosure. You agree to hold in
confidence and to not disclose the Confidential Information to any
person or entity, except those who are required to have access to
the Confidential
Information in order to perform
their job duties in connection with the limited purposes of this
agreement.
* License Term Verification. esseff reserves the
right to check all licensees to verify compliance with this EULA. In
order to verify this compliance, you understand and acknowledge that
the SOFTWARE PRODUCT may collect and send back information to esseff
about the location where the SOFTWARE PRODUCT has been installed.
This information is entirely restricted to the IP address where the
SOFTWARE PRODUCT is installed, no other information will be
collected or sent back to esseff.
* Limitations on Reverse Engineering, Decompilation,
and Disassembly. You may not reverse engineer, decompile, or
disassemble the SOFTWARE PRODUCT, except and only to the extent that
such activity is expressly permitted by applicable law
notwithstanding this limitation.
* Rental. You may not sell, rent, lease or lend
the SOFTWARE PRODUCT.
* Software Transfer. You may permanently
transfer all of your rights under this EULA, provided you retain no
copies, you transfer all of the SOFTWARE PRODUCT (including all
component parts, the media and printed materials, any upgrades, this
EULA, and, if applicable, the Certificate of Authenticity), and the
recipient agrees to the terms of this EULA.
3. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE
RESERVED BY esseff.
4. TERMINATION. Without prejudice to any other
rights, esseff 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 PRODUCT and all of its component
parts.
5. COPYRIGHT. All title and copyrights in and to
the SOFTWARE PRODUCT (including but not limited to any images,
photographs, animations, video, audio, music, text, and "applets"
incorporated into the SOFTWARE PRODUCT), the accompanying printed
materials, the accompanying "online" materials, and any copies of
the SOFTWARE PRODUCT are owned by esseff or its suppliers. Copyright
laws and international treaty provisions protect the SOFTWARE
PRODUCT. Therefore, you must treat the SOFTWARE PRODUCT like any
other copyrighted material. You may not copy the printed or "online"
materials accompanying the SOFTWARE PRODUCT.
LIMITED WARRANTY esseff SOFTWARE guarantees
that: (a) during a time period of fourty five (45) days starting at
the same date of the SOFTWARE PRODUCT acquisition, the SOFTWARE
PRODUCT will work and operate conforming to the terms and conditions
of the provided documentation, and that (b) any technical support
supplied by esseff will be provided according to this EULA. esseff
SOFTWARE will be either in position to (a) repair the SOFTWARE
PRODUCT or (b) replace the SOFTWARE PRODUCT. The SOFTWARE PRODUCT
replacement will be guaranteed during the rest of the original
warranty time period or during thirty (30) days, choosing from both
periods the larger one. The present warranty will be terminated if
the SOFTWARE PRODUCT fails as result of an accident, abuse or
misuse.
NO OTHER WARRANTIES. To the maximum extent
permitted by applicable law, esseff and its suppliers disclaim all
warranties and conditions, either express or implied, including, but
not limited to, implied warranties of merchantability, fitness for a
particular purpose, title and noninfringement, with regard to the
software product, and the provision of or failure to provide support
services.
LIMITATION OF LIABILITY. To the maximum extent
permitted by applicable law, in no event shall esseff 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 product or the provision
of or failure to provide support services, even if esseff has been
advised of the possibility of such damages.
ALL SALES ARE FINAL. When you purchase the
SOFTWARE PRODUCT you are acquiring source code and digital
information. The SOFTWARE PRODUCT sale is final. esseff Digital,
LLC. under no circumstances will be in the obligation of returning
the amount paid for the SOFTWARE PRODUCT.
MISCELLANEOUS
Wherever you acquire this software your local law
may apply. If you are interested in additional information on
licensing or use of esseff Digital, LLC. products, please contact
esseff at http://www.esseff.com. Should you have any questions
concerning this EULA, or if you desire to contact esseff for any
reason, please e-mail us at info@esseff.com or write to :
esseff Digital, LLC.
PO. Box 7952
Eugene, Oregon 97404
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