This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Software Development Solutions, Inc. (“Company”) for any software and documentation (“Software”) that accompany this EULA.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE. Your licensing of Software is in accordance with the terms of the EULA in effect at the time of such licensing. By licensing Software, you accept and agree to the EULA in effect at such time.
Grant of License
Company grants you the following rights provided that you comply with all terms and conditions of this EULA:
a. Trial License: You may install and run the Software for purposes of evaluation of the Software for a period of fourteen (14) days from the date of installation of the Software to determine if the Software meets your needs. Upon completion of your evaluation or at the end of the 14-day trial period, whichever occurs first, you must do one of two things: either 1) purchase appropriate licenses for the Software in order to continue use of it; or 2) discontinue use of the Software, and uninstall the Software from any and all machines.
b. Installation and Use: A purchased license entitles you to install and run Software on up to three (3) computers (physical or virtual) with concurrent operation, provided Software is used for personal and non-commercial purposes only.
c. Software Transfer: You may transfer the Software to a different computer or virtual machine so long as total concurrent installations do not exceed three (3). You may not, however, transfer the Software to a Third Party.
d. Duration of Updates: If you purchased a standard software license, you are eligible for free updates to Software until the major version number of Software is incremented (eg. 1.X.X.X becomes 2.X.X.X). If you purchased a “Lifetime Updates” software license, you are eligible for free updates to Software regardless of version number.
You may not use, copy, modify, display, rent, lease, loan, transfer, distribute, download, merge, or make any translation or derivative work of the Software, except as expressly provided herein. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by included GPL/LGPL open source software licenses or applicable law notwithstanding this limitation.
Intellectual Property Rights and Confidentiality
The Software, including methods, processes and/or techniques utilized therein, are owned by, proprietary to, and valuable trade secrets of Company and are protected by US copyright law and international treaties. You agree to take no actions that impair or infringe Company’s intellectual property rights in the Software. You agree not to remove, efface or obscure any copyright notices, other proprietary markings or confidentiality legends placed upon or contained within the Software.
Disclaimer of Warranties
Company disclaims all warranties concerning the Software and Services (if any), express, implied, or statutory, including without limitation, any warranties, duties or conditions of merchantability or fitness for a particular purpose, warranties of reliability or availability, 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 support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. Company does not warrant that the Software will operate in combination with other software products selected by you, or that the Software will operate uninterrupted or error-free. Company assumes no responsibility for and cannot make any guarantees with respect to quality and content of digital audio, video, and images acquired from third-party providers. Additionally, Company cannot make any guarantees with respect to functionality reliant upon third party content providers or add-on components (plugins), and as such provides no such warranty as to the availability or working condition of external content and plugins at any time, present or future. Furthermore, Company and its suppliers provide the Software and Services AS IS AND WITH ALL FAULTS. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR LOSS OF DATA, 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 OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OF COMPANY OR ANY SUPPLIER, AND EVEN IF COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.