OmniView End user license agreement

OmniView
Copyright © 2002-2005 Krell Software, Inc. All Rights Reserved

END-USER LICENSE AGREEMENT FOR SOFTWARE

IMPORTANT--READ CAREFULLY. This is a legal agreement ("AGREEMENT") between you (either an individual or an entity)--the end user ("RECIPIENT")--and Krell Software, Inc. ("KRELL") for the product identified above, including all computer software and associated media, printed materials, intermediate files, generated and/or installed database objects and online or electronic documentation ("PRODUCT"). By installing, copying, or otherwise using the PRODUCT, you agree to be bound by the terms of this AGREEMENT. If you do not agree to any part of the terms of this AGREEMENT, do not install, use, replicate, or distribute in any manner any part or portion of the PRODUCT. You may, however, return it to your place of purchase within thirty (30) days of the date of original purchase for a full refund.

1. GRANT OF LICENSE

A. RECIPIENT`s right to use the PRODUCT for evaluation purposes shall be effective for thirty (30) days from the date RECIPIENT first installs any portion of the product on any device. The PRODUCT is time sensitive and will not function upon expiration. This consequence of expiration also applies to any and all generated or installed database code, objects, services, or extensions. ACTIVE NOTICE OF EXPIRATION MAY OR MAY NOT BE GIVEN. RECIPIENT must be prepared to remove such code, objects, services or extensions from any database which would be affected by their expiration. If RECIPIENT desires to use the PRODUCT after evaluation is completed, RECIPIENT must acquire a valid license as described herein.

KRELL grants RECIPIENT a limited, non-exclusive, non-assignable, royalty-free license as follows:

Single-User Licensing. If RECIPIENT has acquired this AGREEMENT as part of a Single-User License, RECIPIENT may install and use one (1) copy of the PRODUCT, or any prior version thereof, on a single computer residing on RECIPIENT`s premises.

License Pack. If RECIPIENT has acquired this AGREEMENT in a License Pack, RECIPIENT may install the specified number of additional copies of the computer software portion of the PRODUCT, and may use each copy in the manner specified herein.

Site Licensing. If RECIPIENT has acquired this AGREEMENT as part of a Site License, RECIPIENT may install and use the PRODUCT on any computer within a single physical company location.

Special Licensing. Some products may offer special licensing not specifically covered above. In such case, such licensing will be considered to be as defined in the product documentation, or as defined in a written addendum to this license agreement and which has been authorized by an officer of KRELL.

B. If RECIPIENT acquired the PRODUCT via download from an authorized KRELL web site, RECIPIENT may make one (1) additional copy of the PRODUCT onto storage media, such as a CD-ROM or floppy disk, to exercise the rights granted above. All other rights are reserved to KRELL.

C. RECIPIENT may not reverse engineer or decompile the PRODUCT, except to the extent that local law expressly prohibits the foregoing restriction. KRELL shall retain title and ownership rights to the PRODUCT, and this AGREEMENT shall not be construed in any manner as transferring any rights of ownership or license to the PRODUCT or to the features or information therein, except as specifically stated herein.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

A. Not for Resale Software. If the PRODUCT is labeled "Not for Resale" or "NFR" or "Evaluation Edition" then, notwithstanding other sections of this AGREEMENT, RECIPIENT may not use the PRODUCT for commercial purposes nor sell or otherwise transfer it for value. Commercial purposes include the use of the PRODUCT in the creation of publicly distributed computer software.

B. Rental. RECIPIENT may not rent, lease, sell, sublicense, assign or lend the PRODUCT to any party.

C. Software Transfer. RECIPIENT may permanently and wholly transfer all their rights under this AGREEMENT, provided RECIPIENT (1) retains no copies (whole or partial), (2) permanently and wholly transfers any and all of the PRODUCT (including all component parts, media, printed materials, upgrades, and this AGREEMENT) to the transferee, and (3) the transferee first agrees to abide by all terms of this AGREEMENT. If the PRODUCT is an upgrade, any transfer must include any and all prior versions of the PRODUCT and any and all of RECIPIENT`s rights therein. Promptly upon transfer, written evidence of such transfer shall be provided to KRELL.

D. Termination. Without prejudice to any of KRELL`s other rights, KRELL may terminate this AGREEMENT if RECIPIENT fails to comply with the terms and conditions of this AGREEMENT. In such event, RECIPIENT must destroy any and all copies of the PRODUCT and all of its component parts and provide KRELL with a certificate of destruction.

3. SUPPORT SERVICES

KRELL may provide RECIPIENT with support services related to the PRODUCT ("Support Services"). The provision and use of Support Services is governed by the KRELL policies and programs described in the PRODUCT user manual and/or in online documentation. Any supplemental software code provided to RECIPIENT as part of Support Services shall be considered part of the PRODUCT and subject to the terms and conditions of this AGREEMENT. With respect to technical information RECIPIENT provides to KRELL as part of the Support Services, KRELL may use such information for its business purposes, including for product support and development. KRELL will use its best efforts not to utilize such technical information in a form that personally identifies the RECIPIENT.

4. UPGRADES

If the PRODUCT is labeled or otherwise identified by KRELL as an "upgrade" or "update", RECIPIENT must be properly licensed to use a product identified by KRELL as being eligible for the upgrade in order to use the PRODUCT. A PRODUCT, labeled or otherwise identified by KRELL as an upgrade or update, replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. RECIPIENT may use the resulting upgraded product only in accordance with the terms of this AGREEMENT. If the PRODUCT is an upgrade of a component of a package of software programs that RECIPIENT licensed as a single product, the PRODUCT may be used or transferred only as part of that single product package and may not be separated for use on more than one computer.

5. COPYRIGHT AND TRADEMARKS

A. All title, trademarks and copyrights in and pertaining to the PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the PRODUCT), the accompanying printed materials, and any copies of the PRODUCT are owned by KRELL. The PRODUCT is protected by copyright laws and international treaties. This PRODUCT is licensed, not sold.

B. RECIPIENT may not remove, modify or alter any KRELL copyright or trademark notice from any part of the PRODUCT, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the PRODUCT dialogs, screens, or "about" boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or dynamically or otherwise created by the PRODUCT.

6. U. S. GOVERNMENT RESTRICTED RIGHTS

The PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. 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 Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is as identified at the end of this AGREEMENT.

7. DISCLAIMER OF WARRANTY

NO WARRANTIES. KRELL provides to RECIPIENT the PRODUCT and Support Services AS IS AND WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND. KRELL expressly disclaims all warranties and conditions, whether express, implied, or statutory, including, but not limited to, any warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, or results. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH RECIPIENT. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the PRODUCT, if any, are limited to ninety (90) days. The entire liability of KRELL under any provision of this AGREEMENT and RECIPIENT`s exclusive remedy for all of the foregoing shall be, at KRELL`s option, either (1) return of the price paid by RECIPIENT for the PRODUCT (not to exceed the suggested U.S. retail price) if any, or (2) repair or replacement of the component(s) of the PRODUCT that do(es) not meet KRELL`s Limited Warranty and which is returned to KRELL with a copy of RECIPIENT`s purchase receipt.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KRELL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF KRELL OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, KRELL`S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY RECIPIENT FOR THE PRODUCT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT.

9. MISCELLANEOUS

A. KRELL reserves all rights not specifically granted in the AGREEMENT. If RECIPIENT acquired or uses this PRODUCT in the United States, this AGREEMENT shall be construed and controlled by the laws of the State of Florida. If the PRODUCT was acquired and used exclusively outside of the United States, then local law may also apply. This AGREEMENT gives RECIPIENT specific legal rights; RECIPIENT may have other rights that vary from state to state and from country to country. If either KRELL or RECIPIENT employs attorneys to enforce any rights arising out of or relating to this AGREEMENT, the prevailing party shall be entitled to recover reasonable attorneys` fees.

B. This AGREEMENT may only be modified in writing signed by RECIPIENT and an authorized officer of KRELL. If any provision of this AGREEMENT is found void or unenforceable, the remainder will remain valid and enforceable according to its terms.


Should you have any questions concerning this AGREEMENT, or if you desire to contact KRELL for any reason, please write:
Krell Software, Inc.
1850 Oak Forest Drive South
Clearwater, FL 33759-1822
USA

fax: +1-801-858-2877
email: info@krell-software.com