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END-USER LICENSE AGREEMENT FOR
ENGINEERING CONSULTANTS SOFTWARE.
This End-User License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and Engineering Consultants ("ENGCON") for
the ENGCON software referenced in this EULA, which includes the computer software
and may include associated media, printed materials, "online" or electronic documentation,
and internet-based services.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY
INSTALLING OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE WITH THE
TERMS OF THIS EULA, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY
RETURN IT TO ENGCON FOR A FULL REFUND.
ENGCON SOFTWARE LICENSE
1. GRANTS OF LICENSE. ENGCON grants to
you the rights described in the EULA provided you
comply with all the terms and conditions of this EULA.
1.1 General License Grant. ENGCON grants to you as an individual, a personal, nonexclusive
license to use the Software. If you are an entity, ENGCON grants to you a personal, nonexclusive
license to use the software and to use multiple separate copies of the Software within you organization,
provided you obtained the copies from ENGCON and you have acquired a separate and valid license
for each such copy.
1.2 Storage/Network Use. A single license for this Software may not be shared or used
concurrently by multiple end users.
2. RESERVATION OF RIGHTS OF OWNERSHIP.
ENGCON reserves all right not expressly granted
to you in this EULA. The Software is protected by copyright and other intellectual property laws.
ENGCON owns the title, copyright, and other intellectual property rights in the Software.
The Software is licensed, not sold.
3. LIMITATIONS ON REVERSE ENGINEERING,
DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the Software.
4. NO RENTAL. You may not rent, lease, or lend this Software. It is for your exclusive use.
5. UPGRADES. To use a version of this
Software identified as an upgrade, you must first be licensed
for the Software Version identified by ENGCON as eligible for the upgrade. After installing the
upgrade, you may no longer use the software that formed the basis for your upgrade eligibility.
TRANSFER. The initial user of the Software may make a one-time permanent
of this EULA and Software to another end user, provided the initial user retains no copies of the Software.
This transfer must include all of the Software (including all component parts, the media and printed
materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity).
The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user
receiving the Software must agree to all the EULA terms and receive a Transfer License Key from ENGCON.
TERMINATION. Without prejudice to any other rights, ENGCON 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 and all of its component parts.
WARRANTY FOR SOFTWARE.
ENGCON warrants that the Software will perform substantially in accordance with the
accompanying materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by the state and state law
disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO
DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY
(NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY
PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some
states/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 updates to the Software, including, without limitation, any service
packs or hot fixes provided to you after the expiration of the ninety-day Limited Warranty
period are not covered by any warranty or condition, express, implied, or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES.
exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for
any refund elected by ENGCON, YOU ARE NOT ENTITLED TO ANY DAMAGES,
INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software
does not meet ENGCON'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
10 ("Exclusion of Incidental. Consequential, and Certain Other Damages") are also
incorporated into this Limited Warranty. Some states/jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You
may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR
EXCLUSIVE REMEDY. ENGCON's and its suppliers' entire liability and your exclusive
remedy for any breach of this Limited Warranty or for any other breach of this EULA or for
any other liability relating to the Software shall be, at ENGCON's option from time to time
exercised subject to applicable law, (a) return of the amount paid (if any) for the Software.
or (b) repair or replacement of the Software. that does not meet this Limited Warranty and
that is returned to ENGCON with a copy of your receipt. You will receive the remedy
elected by ENGCON without charge, except you are responsible for any expenses you
may incur (e.g. cost of shipping the Software to ENGCON). 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, and ENGCON will use commercially
reasonable efforts to provide your remedy within a commercially reasonable time of your
compliance with ENGCON's warranty remedy procedures.
To exercise your remedy, contact: ENGCON, Attn. ENGCON Sales Information Center
1598 Imperial Center, Suite 2001, West Plains, MO 65775.
The Limited Warranty that appears above is the only
express warranty made to you and is provided in lieu of any other express warranties or
similar obligations (if any) created by any advertising, documentation, packaging, or other
communications. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ENGCON PROVIDES THE SOFTWARE
AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY
DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED
WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR
A PARTICULAR PURPOSE, 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. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR
NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
ENGCON BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED T0,
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 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,
OR BREACH OF WARRANTY OF ENGCON, EVEN IF ENGCON HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.