EASYASPIEDB LICENSE AGREEMENT
R&F Consulting, Inc. ("Author") has developed and licenses to users
its software program marketed under the name easyAsPieDB (the "Software"). This Software
License Agreement ("Agreement") is made and effective by and between R&F Consulting,
Inc. and you, the user of Software ("Licensee", "You", "Your"). This Agreement is a
legal agreement between the Licensee and Author of the Software, which includes the
Software and may include additional components like media, documentation, and "online"
knowledge databases. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING,
COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE
SOFTWARE. In addition, by installing, copying, or otherwise using upgrades or "service
releases" to the Software ("Upgrades"), you agree to be bound by this Agreement and any
and all additional license terms that accompany such Upgrades. If you do not agree to
the additional license terms that accompany Upgrades, you may not install, copy, or use
such Upgrades.
1. GENERAL APPLICABILITY OF LICENSE.
The Software may consist, but is not limited to, Software
documentation, sample applications, books, add-ons, plug-ins, utilities, technical
information, development libraries, or database language applications, each being a
"Part," and collectively "Parts", of the Software. This Agreement defines your rights to
the Parts you received.
2. GENERAL GRANT OF LICENSE.
In general, for each license you have acquired for the Software, one
individual is authorized to use the Software according to the terms of this Agreement.
Moreover, the following license limitations apply:
a. If you are an individual, Author grants to you a personal,
nonexclusive license to make and use copies of the Software in accordance with the terms
of this Agreement, provided that you are the only individual using the Software.
b. If you are an entity, grants to you the right to designate one
individual within your organization to have the sole right to make and use copies of the
Software in accordance with the terms of this Agreement.
c. If you are an entity and have acquired this Agreement as part of
Author's multi-user licensing, Author grants to you the right to designate one
individual per license within your organization to have the right under each such
license to make and use copies of the Software in accordance with the terms of this
Agreement. This Agreement explicitly prohibits the interpretation of multi-user
licensing as per-computer ("Seat") licensing, and transfer of any or all licenses from
individuals or entities to Seats without prior consent of the Author.
3. LICENSE TYPES.
a. If you are an individual whose all income-generating operations do
not involve the Software, the Author grants you the right to purchase and use "personal
licenses" at license-type specific license fees. This Agreement explicitly prohibits
transfers of personal licenses to non-qualifying individuals or entities.
b. If you are a non-private entity (including, but not limited to, a
corporation, a limited-liability company, a partnership) or an individual whose
income-generating operations involve the Software, the Author grants you the right and
informs you of an obligation to purchase and use "commercial licenses" at license-type
specific license fees.
4. ADDITIONAL RIGHTS AND LIMITATIONS.
a. You may not reverse engineer, decompile, or disassemble the
Software, except and only to the extent that applicable law notwithstanding this
limitation expressly permits it.
b. In the event a claim arises with respect to the Software, Author
may request, upon thirty (30) days notice that you discontinue further use of the
Software and that you delete or destroy all copies of the Software you possess (except
for one copy that may be kept in your archives). You agree that you will comply with
such a request.
c. You agree that Author may collect and use technical information you
provide as part of support services related to the Software.
d. The Software may not be resold, transferred, or used for any
purpose other than demonstration, test, or evaluation, without a written consent of the
Author.
e. You may permanently transfer all of your rights under this
Agreement, provided you retain no copies and transfer all of the Software (including all
Upgrades and this Agreement), and provide Author notice of your name, company, and
address, and the name, company, and address of the person to whom you are transferring
the rights, and provided the recipient agrees to the terms of this Agreement. If the
Software is an upgrade, the transfer must include all prior versions of the Software.
f. The Software is licensed as one, single Software. Its Parts may not
be separated for use by more than one user.
g. Portions of the Software may be identified as pre release ("Beta
Releases") or candidates for release ("Release Candidates"). Such Beta Releases or
Release Candidates are not at the level of performance and compatibility of the final,
generally available Software offering. The Beta Releases or Release Candidates may not
operate correctly and may be substantially modified prior to the final release. Author
is not obligated to make this or any later version of the Beta Releases or Release
Candidates commercially available. The grant of license to use Beta Releases or Release
Candidates expires upon availability of a final release of the Beta Releases or Release
Candidates from Author. Do not install Beta Releases or Release Candidates if you are
not accustomed to using experimental software. Beta Releases or Release Candidates are
made available to you to allow you to evaluate the Software in its developmental stage.
h. All Upgrades shall be considered part of the Software and subject
to the terms and conditions of this Agreement. Additional license terms may accompany
Upgrades. By installing, copying, or otherwise using any Upgrades, you agree to be bound
by the terms accompanying each such Upgrades. If you do not agree to the additional
license terms accompanying such Upgrades, do not install, copy, or otherwise use such
Upgrades.
5. LIMITED WARRANTY.
Author warrants that the Software will perform substantially in
accordance with the accompanying materials for a period of 30 days from the date of
receipt. If an implied warranty or condition is created by your state or jurisdiction
and federal or state/provincial law prohibits disclaimer of it, you also have an implied
warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS
LIMITED WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30) DAY
PERIOD,
THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states or
jurisdictions do not allow limitations on how long an implied warranty or condition
lasts, so the above limitation may not apply to you.
Any supplements or Upgrades to the Software, including without
limitation, any service releases or fixes provided to you after the expiration of the
thirty-day Limited Warranty period are not covered by any warranty or condition,
expressed, implied, or statutory.
6. LIMITATIONS ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES.
Your exclusive remedy for any breach of this Limited Warranty is as
set forth. Except for any monetary refund elected by Author, YOU ARE NOT ENTITLED TO ANY
DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not
meet Author's Limited Warranty, and, to the maximum extent allowed by applicable law,
even if any remedy fails of its essential purpose. The terms of Section 9 below
("EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND OTHER DAMAGES") are also incorporated into
this Limited Warranty. Some states or jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation or exclusion
may not apply to you.
7. EXCLUSIVE REMEDY.
Author's entire liability and your exclusive remedy shall be, at
Author's option from time to time exercised subject to applicable law, (a) return of the
price paid for the Software, or (b) repair or replacement of the Software, that does not
meet this Limited Warranty and that is returned to Author with a copy of your receipt.
You will receive the remedy elected by Author without charge, except that you are
responsible for any expenses you may incur. This Limited Warranty is void if failure of
the Software has resulted from accident, abuse, misapplication, abnormal use, or a
virus. Any replacement Software will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer.
8. DISCLAIMER OF WARRANTIES.
The Limited Warranty that appears above is the only expressed warranty
made to you and is provided in lieu of any other express warranties created by any
documentation or packaging. Except for the Limited Warranty and to the maximum extent
permitted by applicable law, Author provides the Software AS IS AND WITH ALL FAULTS, and
hereby disclaim all other warranties and conditions, either express, implied, or
statutory, including, but not limited to, any implied warranties, duties or conditions
of merchantability, of fitness for a particular purpose, of accuracy or completeness of
responses, of results, of workmanlike effort, of lack of viruses, and of lack of
negligence, all with regard to the Software, and the provision of or failure to provide
any additional services, like support services. ALSO, THERE IS NO WARRANTY OR CONDITION
OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR
NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND OTHER DAMAGES.
To the maximum extent permitted by applicable law, in no event shall
Author be liable for any special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of profits or confidential
or other information, for business interruption, for personal injury, for loss of
privacy, for failure to meet any duty including of good faith or of reasonable care, for
negligence, and for any other pecuniary or other loss whatsoever) arising out of or in
any way related to the use of or inability to use the Software, the provision of or
failure to provide support services, or otherwise under or in connection with any
provision of this Agreement, even in the event of the fault (including negligence),
strict liability, breach of contract, or breach of warranty of Author, and even if
Author has been advised of the possibility of such damages.
10. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason
whatsoever, the entire liability of Author under this Agreement and your exclusive
remedy for all of the foregoing shall be limited to the greater of the amount actually
paid by you for the Software or USD 10.00. The foregoing limitations, exclusions, and
disclaimers shall apply to the maximum extent permitted by applicable law, even if any
remedy fails its essential purpose.
11. U.S. GOVERNMENT LICENSE RIGHTS.
All Software provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in
FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as
applicable.
12. APPLICABLE LAW.
This Agreement is governed by the laws of the State of Nevada, and you
consent to this choice of jurisdiction regardless of the place of purchase of the
Software, or means of purchase of the Software (electronic commerce over the Internet,
etc.)
13. PREVAILING AGREEMENT.
This Agreement is the entire agreement between you, the Licensee, and
Author relating to the Software and any and all services. This Agreement supersedes all
prior oral or written communications and proposals with respect to the Software, or any
other subject matter covered by this Agreement. To the extent the terms of any of the
Author's policies, services, presentations, or offerings conflict with the terms of this
Agreement, the terms of this Agreement shall prevail and control.
14. MISCELLANEOUS.
a. The Software is copyrighted and licensed, not sold.
b. The Software is protected by copyright and other intellectual
property laws and treaties. Author owns the copyright and other intellectual property
rights in the Software.
c. Implied licenses are negated.
d. You may copy the Software for backup purposes only, and you are
limited to one (1) such backup copy.
e. Free Internet e-mail support is offered, but not guaranteed with
the Software. The extent and duration of Author's efforts to support the Software will
be solemnly determined on per-case basis by the Author, and is subject to change or
termination at any time.
f. Agreement does not grant you or your licensees the right to use
"easyAsPieDB" name.
|