ARIOLIC SOFTWARE END-USER LICENSE AGREEMENT
Active SMART
1. GENERAL
This End-User License Agreement ("EULA") is a legal agreement
between you and Ariolic Software for the Ariolic Software products
identified above, which may include computer software and associated
media, electronic documentation and printed materials ("The Software").
By installing, copying, distributing or otherwise using The Software
you agree to be bound by the terms of this EULA. If you do not agree
to the terms of this EULA, you must not install, use or distribute
The Software, and you must destroy all copies of The Software that
you have.
The Software is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
The Software is licensed, not sold and always remains the property of
Ariolic Software.
2. LICENSING
If you have not paid the registration fee for The Software, you are
hereby granted an evaluation license to use The Software as described
in Sections 1, 2.1 and Sections 3 - 10 below.
If you have paid the registration fee for The Software, you are hereby
granted a license to use The Software as described in Sections 1, 2.2
and Sections 3 - 10 below.
2.1. EVALUATION LICENSE
You may:
Subject to the terms of this EULA, use The Software for evaluation
purposes without charge for a period of twenty one (21) days only
("Evaluation Period"). The Evaluation Period commences when you first
install or use The Software, and expires exactly twenty one (21) days
later.
You may not:
Use The Software after the Evaluation Period has expired without payment
of the registration fee to Ariolic Software.
Use of The Software after the Evaluation Period has expired requires
payment of a registration fee of $US 19.95 to Ariolic Software. For more
information about payment methods, please see ORDER.TXT, included with
The Software.
Use of The Software after the Evaluation Period has expired is in
violation of this EULA, and international copyright laws.
2.2. REGISTERED LICENSE
You may:
Subject to the terms of this EULA, use one copy of The Software on one
computer. The primary user of the computer on which The Software is
installed may make a second copy for his or her exclusive use on a
portable or home computer.
You may also store or install a copy of The Software on a storage device,
such as a network server, used only to install or run The Software on
other computers over an internal network; however, you must acquire and
dedicate a separate license for each separate computer on which The Software
is installed or run from the storage device. A license for The Software
may not be shared or used concurrently on different computers.
You may not:
Disclose to third parties, or publish your registration details via
electronic or other means.
3. RESTRICTIONS
You may not reverse engineer, decompile, or disassemble The Software,
except and only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
You may not rent, lease, or lend The Software except as described in
Section 7 below.
4. TRANSFER OF RIGHTS
You may permanently transfer all of your rights under this EULA, provided
you retain no copies of The Software, you transfer all of The Software
(including all component parts, documentation upgrades, and this EULA),
and the recipient agrees to the terms of this EULA.
If The Software is an upgrade, any transfer must include all prior
versions of The Software.
5. TERMINATION
Without prejudice to any other rights, Ariolic 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.
6. COPYRIGHT
All title, including but not limited to copyrights, in and to The Software
and any copies thereof are owned by Ariolic Software. All title and
intellectual property rights in and to the content which may be accessed
through use of The Software 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 Ariolic Software.
7. LIMITED WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARIOLIC SOFWARE DISCLAIMS
ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
ARIOLIC SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS
OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
8. LIMITATIONS OF REMEDIES AND LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARIOLIC
SOFTWARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR
OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF PROFITS, BUSINESS INTERRUPTION, LOSS OF 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 ARIOLIC SOFTWARE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ARIOLIC
SOFTWARE ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED
TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT
OR $US 15.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. DISTRIBUTION
You are hereby licensed to make as many copies of the installation package
for The Software as you wish; give exact copies of the original installation
package for The Software to anyone; and distribute the original installation
package for The Software in its unmodified form via electronic or other means.
The Software must be clearly identified as an evaluation version where described.
You are specifically prohibited from charging, or requesting donations, for any
such copies, however made; and from distributing The Software including
documentation with other products (commercial or otherwise) without prior
written permission from Ariolic Software.
You are also prohibited from distributing components of The Software other than
the complete original installation package.