Visharad Process Mentor 1.1.0


EULA - End User License Agreement



Visharad Software Visharad Process Mentor License Agreement NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE VISHARAD PROCESS MENTOR SOFTWARE (hereafter referred to as "THE SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE ON YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. The software is an intellectual property of Visharad Software (hereafter referred to as "the company"). The company permits you to Use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or “Read Me” file located near such materials 1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this agreement is provided; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by the company (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by the company. 2. Software License. As long as you comply with the terms of this Software License Agreement (this "Agreement"), the company grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation. 2.1 General Use. You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers. 2.2 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4. 2.3 Portable or Home Computer Use. In addition to the single copy permitted under Sections 2.2.1 and 2.2, the primary user of the computer on which the Software is installed may make a second copy of the Software for his or her exclusive use on either a portable Computer or a Computer located at his or her home, provided the Software is used only by its primary user. 3. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that you make are the intellectual property of and are owned by the company. The structure, organization and code of the Software are the valuable trade secrets and confidential information of the company. The Software is protected by law, including without limitation the copyright laws of the Government of India and other countries (as applicable), and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by the company. 4. Restrictions. 4.1 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear with the Software. 4.2 No Modifications. You shall not modify, adapt or translate the Software. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested the company to provide the information necessary to achieve such operability and the company has not made such information available. The company has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by the company and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the Visharad Software customer care. 4.3 Document Features. The Software may contain features and functionality that appear disabled or “grayed out” (the “Document Features”). The Document Features will only activate when supplied with valid license key. You agree not to access, or attempt to access, disabled Document Features or otherwise circumvent the permissions that control activation of such Document Features. No other use is permitted. 4.4 Transfer. You may not, rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another users computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software. 5. Updates. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer after you Use the Update buy only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation the company may have to support the previous versions of the Software may be ended upon availability of the Update. 6. NO WARRANTY. The Software is being delivered to you "AS IS" with no warranty as to its use or performance. Visharad Software AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, VISHARAD SOFTWARE AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement. 7. LIMITATION OF LIABILITY. IN NO EVENT WILL VISHARAD SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. The company’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. 8. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the applicable law of the land or any other export laws, restrictions or regulations (collectively the "Export Laws"). All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement. 9. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force 10. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of the company. Updates may be licensed to you by the company with additional or different terms. 12. Compliance with Licenses. If you are a business or organization, you agree that upon request from the company or the company’s authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from the company. If you have any questions regarding this Agreement or if you wish to request any information from Visharad Software please use the address and contact information included in the companys web site http://www.visharadsoftware.com



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Downloads: 162
Updated At: 2007-10-16
Publisher: N/A
Operating System: windows
License Type: Free Trial