» version 1.01 - posted on 2009-07-01
EULA - End User License Agreement
his Tecnixindo Inter Media Software License Agreement (hereinafter, this "LICENSE") is a legal agreement between you (either an individual or a single entity) and Tecnixindo Inter Media hereafter referred to as Tecnixindo Inter Media, for the software containing this LICENSE or products identified on the disk or CD-ROM enclosed enclosed with the package which contain computer software and associated media and printed materials, and may include "on-line" or electronic documentation (the "SOFTWARE") and for which the CD-Key(s) are either provided on the back of the enclosed CD case or obtained through Tecnixindo Inter Media or its authorized distributor.
IT IS NECESSARY FOR YOU TO AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE BEFORE YOU ARE PERMITTED TO CONTINUE TO INSTALL THE SOFTWARE. BY CLICKING THE [ENTER] OR [ACCEPTED] DURING INSTALLATION, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE INCUDING THE WARRANTY DISCLAIMERS, LIMITATIONS ON LIABILITY AND TERMINATION PROVISIONS.
I. OWNERSHIP; LICENSE GRANT.
This is a license agreement and NOT an agreement for sale. Tecnixindo Inter Media continues to own the copy of the SOFTWARE contained on the disk or CD-ROM or in electronic form from an internet download and all copies thereof. Your rights to the SOFTWARE are specified in this LICENSE, and Tecnixindo Inter Media retains all rights not expressly granted to you in this LICENSE. Tecnixindo Inter Media hereby grants to you, and you accept, a non-exclusive, non-transferable license to use, copy and modify the SOFTWARE only as authorized below.
II. PERMITTED USES.
This LICENSE grants you the following rights:
A. The SOFTWARE is licensed per individual developer. If you have purchased a "multi-pack" license, you may use a copy of the SOFTWARE identified in the multi-pack on the number of computers associated with the multi-pack (e.g. a three user multi-pack allows you to use the SOFTWARE on up to three computers concurrently or by three different developers, the ten user multi-pack on up to ten computers concurrently or by ten different developers). The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage devise) of that computer. However, installation on a network server for the sole purpose of internal distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed.
B. Solely with respect to electronic documents included with the SOFTWARE, you may make a copy (either in hardcopy or electronic form) for each developer for which the Software has been licensed as described in Section II.A, above; provided, that such copies shall be used only by such developer for internal purposes and are not to be republished or distributed to any other third party or developer.
C. You may use the trial versions of the SOFTWARE only for the limited purposes of demonstrations, trials and design time evaluations and running a product tour.
III. PROHIBITED USES.
You may not, without the prior written permission of Tecnixindo Inter Media:
A. Disassemble, decompile or "unlock"software application product(s) or components.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text and "applets" incorporated into the SOFTWARE) and the accompanying printed materials are owned by Tecnixindo Inter Media or its suppliers. The SOFTWARE is protected by United States copyright laws and international treaty provisions. All rights are reserved worldwide. You must treat the SOFTWARE like any other copyrighted material, except that you may, in addition to the copies permitted in this LICENSE, make one copy of the SOFTWARE solely for backup or archival purposes. No part of the accompanying printed materials may be reproduced, transmitted, transcribed, stored in any retrieval system, or translated into any language by any means without the express prior written permission of Tecnixindo Inter Media.
This LICENSE and your right to use the SOFTWARE will terminate immediately without notice from Tecnixindo Inter Media if you fail to comply with the terms and conditions of this LICENSE. Upon termination, you agree to destroy the SOFTWARE, including all accompanying documents and copies. This is in addition to and not in lieu of any criminal, civil or other remedies available to Tecnixindo Inter Media.
You acknowledge that the SOFTWARE and any source code provided to you pursuant to this LICENSE, as well as any modification, enhancement, derivative work and/or extension thereto includes valuable trade secrets of Tecnixindo Inter Media. You agree to assume full responsibility for such employees or contractors use, or misuse, of such disclosed source code as if it was your use. These obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on File Innovations information, or approved in writing for release by Tecnixindo Inter Media without restriction.
VIII. U.S. GOVERNMENT RESTRICTED RIGHTS.
Any SOFTWARE and documentation which is provided to the United States of America , its agencies and/or the U.S. Government ("the Government") is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in 48 C.F.R. 2.101 (October 1995), consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as such terms are used in 48 C.F.R. 12.212 (September 1995) and in FAR Sections 52-227-14 and 52-227-19 or DFARS Section 52.227-7013 (C)(1)(ii), or their successors, as applicable. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7204-4 (June 1995), or any successor regulations, this Software is provided to Government users pursuant to the terms and conditions herein. Manufacturer is Tecnixindo Inter Media.
IX. LIMITED WARRANTY.
A. ALL SOFTWARE provided to you is provided "AS IS,"lity for consequential or incidental damages, or the exclusion of implied warranties or limitations on how long a warranty may last, so the limitations in Sections IX and X may not apply to you.
In the event of invalidity of any provision of this LICENSE, the parties agree that such invalidity shall not affect the validity of the remaining portions. You agree that you will not export or re-export the Software without the appropriate United States or foreign government licenses.
This LICENSE is governed by the laws of the State of Yogyakarta as applied to agreements entered into and to be performed entirely within Yogyakarta. This agreement shall be deemed to have been made in the State of Yogyakarta, Indonesia and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the State of Yogyakarta, Indonesia, without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Dakota, Yogyakarta, Indonesia for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the Yogyakarta courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
This is the entire agreement between you and Tecnixindo Inter Media which supersedes any prior agreement, whether written or oral, relating to this subject matter.