Licenses - 1
END USER
LICENSE AGREEMENT FOR
AUGUSTWIND SOFTWARE
IMPORTANT - READ CAREFULLY This Augustwind Software End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Augustwind Software for the Augustwind software product(s) accompanying this EULA, which includes) computer software and may include "online" or electronic documentation, associated media, and printed materials ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT or any UPDATES (as defined below), 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, copy, or otherwise use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund. In addition, by installing, copying, or otherwise using any updates or other components of the SOFTWARE PRODUCT that you receive separately as part of the SOFTWARE PRODUCT ("UPDATES"), you agree to be bound by any additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or otherwise use such UPDATES.
SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. NOTE: The terms of a printed, paper EULA which may accompany the SOFTWARE PRODUCT supersede the terms of any on screen EULA found within the SOFTWARE PRODUCT.
1. LICENSE TO USE SOFTWARE PRODUCT
1.1 General License Grant. Augustwind Software grants to you as an individual or company, a personal, nonexclusive license to make and use copies of the SOFTWARE PRODUCT for the sole purposes of designing, developing, and testing your software product (s). You may install copies of the SOFTWARE PRODUCT on an unlimited number of computers provided that you are the only individual using the SOFTWARE PRODUCT. If you are an entity, Augustwind Software grants you the right to designate one individual within your organization to have the sole right to use the SOFTWARE PRODUCT in the manner provided above.
(i) exercise the rights granted in Section 1.1, OR
(i i) if you intend to use the SOFTWARE PRODUCT solely for instructional purposes in connection with a class or other educational program, this EULA grants you the following alternative license models.
(a) Per Computer Model. For every valid license you have acquired for the SOFTWARE PRODUCT, you may install a single copy of the SOFTWARE PRODUCT on a single computer for access and use by an unlimited number of student end users at your educational institution, provided that all such end users comply with all other terms of this EULA, OR
(b) Per License Model. If you have multiple licenses for the SOFTWARE PRODUCT, then at any time you may have as many copies of the SOFTWARE PRODUCT in use as you have licenses, provided that such use is limited to student or faculty end users at your educational institution and provided that all such end users comply with all other terms of this EULA. For purposes of this subsection, the SOFTWARE PRODUCT is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use." If the anticipated number of users of the SOFTWARE PRODUCT will exceed the number of applicable licenses, then you must have a reasonable mechanism or process in place to ensure that the number of persons using the SOFTWARE PRODUCT concurrently does not exceed the number of licenses.
1.3 Documentation. This EULA grants you, as an individual or company, a personal, nonexclusive license to make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond the user's premises.
1.4 Storage/Network Use If you are electing to use the SOFTWARE PRODUCT under the terms of Section 1.1, you may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on computers used by you in accordance with Section 1.1.
2. REDISTRIBUTABLE CODE ADDITIONAL LICENSE RIGHTS. In addition to the rights granted in Section 1, certain portions of the SOFTWARE PRODUCT, as described in this Section 2, are provided to you with additional license rights provided that you comply with the terms of Section 3. 1.
3.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
3.1 Not For Resale Software. If the SOFTWARE PRODUCT is labeled "Not For Resale" or "NFR," then you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
3.2 Limitations on Reverse Engineering, Decomplation, 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.
3.3 Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
3.4 Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Augustwind Software or Data Management Toolkit.
3.5 Support Services. Augustwind Software may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Augustwind Software policies and programs described in the user manual, in "online" documentation and/or in other Augustwind Software provided materials. Any supplemental software code 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 Augustwind Softwareas part of the Support Services, Augustwind Software may use such information for its business purposes, including for product support and development. Augustwind will not utilize such technical information in a form that personally identifies you.
3.6 Software Transfer. The initial user of the SOFTWARE PRODUCT may make a one time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, the separate modules and help files, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE PRODUCT.
3.7 Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use by more than one user.
3.8 Termination. Without prejudice to any other rights, Augustwind Software 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.
4. PRERELEASE CODE. Portions of the SOFTWARE PRODUCT may be identified as prerelease code ("Prerelease Code"). Such Prerelease Code is not at the level of performance and compatibility of the final, generally available product offering. The Prerelease Code may not operate correctly and may be substantially modified prior to first commercial shipment. Augustwind Software is not obligated to make this or any later version of the Prerelease Code commercially available. The grant of license to use Prerelease Code expires upon availability of a commercial release of the Prerelease Code from Augustwind Software. NOTE: In the event that Prerelease Code contains a separate end user license agreement, the terms and conditions of such end user license agreement shall govern your use of the corresponding Prerelease Code.
5. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Augustwind Software as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements 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. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
6. COPYRIGHT. All title and intellectual property rights 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, and any copies of the SOFTWARE PRODUCT are owned by Augustwind Software or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT 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. All rights not expressly granted are reserved by Augustwind Software.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(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 SoftwareRestricted Rights at 58 CFR 52.227 19, as applicable. Manufacturer is Augustwind Software/2821 Fern Glen, Garland, TX..
8. EXPORT RESTRICTIONS. You agree that you will not export or re export the SOFTWARE PRODUCT, any part thereof, or any process or service that is the direct product of the SOFTWARE PRODUCT (the foregoing collectively referred to as the "Restricted Components"), to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export or re export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any end user who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked, or denied your export privileges.
9. The Base Rule - one license - one software installation - one user. If multiple users at the same location use the product, a license for each user must be purchased.