Vineyardsoft License Agreements
May 25, 2011
End-User License Agreement
This is a legal agreement between you, the end user of this Maximizer Software Inc. software program (the “SOFTWARE”) and Maximizer Software Inc. The SOFTWARE is licensed by Maximizer Software Inc. for use only in accordance with the terms set forth herein, and anyone that clicks through this End-User License Agreement (“EULA”) does so on your behalf with authority to bind you to this EULA and is confirming your acceptance of the EULA. By clicking the “Yes” button you accept all of the terms and conditions of this EULA as well as confirm personally the authority of the person so clicking to bind the end user to this EULA. If you do not accept this EULA or if you do not have that authority, then do not accept this EULA and do not click the “Yes” button.
The EULA shall be superceded by the terms contained within any signed License & Maintenance Agreement between you and Maximizer Software Inc. to the extent only that those terms conflict with the terms of this EULA.
As long as you comply with this EULA, Maximizer Software Inc. grants you a non-exclusive, limited right to use one copy of the SOFTWARE on a single terminal connected to a single computer (i.e., single CPU), or to a network server of a LICENSED COMPUTER NETWORK. This License Grant is solely for your internal business operations, and subject to the terms of this EULA. The SOFTWARE is in “use” on a computer when it is loaded into the RAM or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
If the SOFTWARE has been acquired for network use, Maximizer Software Inc. grants to you the right to use the SOFTWARE on a LICENSED COMPUTER NETWORK, solely for your internal business operations, and subject to the terms of this EULA. A computer network is any combination of two or more terminals that are electronically linked and capable of sharing the use of a single software program. A LICENSED COMPUTER NETWORK means a computer network for which you have acquired a multi-user license of the SOFTWARE (which can run stand-alone or on a network server). If more than one user wishes to use the SOFTWARE on a computer network at the same time, then you must add users by acquiring an additional multi-user license of the SOFTWARE, with the number of such licensed users being equivalent to the number of named users required for the computer network. In a multi-user environment, the number of computers and terminals accessing or operating the SOFTWARE shall not exceed the number of SOFTWARE licenses purchased. In addition, in no event may the total number of named users on a network exceed the number of users authorized under the multi-user license of the SOFTWARE acquired for the computer network.
You agree that Maximizer Software Inc. may audit your use of the SOFTWARE for compliance with the terms of this EULA. Without limiting the generality of the foregoing, upon request from Maximizer Software Inc. you will within 30 days fully document and certify in writing that use of the SOFTWARE at the time of the request is in conformity with the EULA and the number of users is less than or equal to the multi-user license of the SOFWARE acquired. In the event that you are not in compliance with the terms of this EULA, Maximizer Software Inc. may with immediate effect terminate this EULA and your use of the SOFTWARE by written notice to you.
You may not transfer, sub-license, re-license, rent, lease, assign, copy, make available or distribute, the SOFTWARE, whether on physical media or in electronic form, except as authorized under this agreement; use more than the number of licenses granted under this agreement; use the SOFTWARE for other than the licensed uses; directly or indirectly disassemble, de-compile, reverse-engineer, transcribe, translate, adapt, modify, create derivative works or in any manner change the SOFTWARE; or, remove or modify any SOFTWARE markings or any notice of proprietary rights. A request for approval to permanently transfer the SOFTWARE and all rights to use the SOFTWARE to another person or company must be made to firstname.lastname@example.org: this approval will not be unreasonably withheld and is subject to prior payment of the then current transfer fees charged by Maximizer Software Inc..
Warranty and Limitation of Liability
Maximizer Software Inc. warrants that i) any online download purchase of SOFTWARE will result in the acquisition of a product functionally identical to a CD-ROM version of the same SOFTWARE, and ii) any physical CD-ROMs to be free from defects in materials and workmanship (together the “WARRANTY”, which expires 90 days from the date of purchase).
In the event of a download failure of an online SOFTWARE purchase, you can contact Maximizer Software Inc. at email@example.com to either re download the SOFTWARE if your download process is confirmed to be incomplete, or acquire a CD ROM copy of the SOFTWARE at Maximizer Software Inc.’s then current upgrade fees from a download version of the SOFTWARE. For a CD-ROM version of the SOFTWARE, if notified within the warranty period of defects in material or workmanship, and upon the return of the defective CD-ROM to Maximizer Software Inc. for verification, Maximizer Software Inc. will replace the defective CD-ROM. In order to return a defective product, contact the supplier of the SOFTWARE or firstname.lastname@example.org .
YOUR SOLE REMEDY FOR BREACH OF THIS WARRANTY SHALL BE LIMITED TO THOSE PROVIDED HEREIN. IN NO EVENT SHALL MAXIMIZER SOFTWARE INC. BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PRODUCT, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, PROFITS, REVENUE, DATA OR DATA USE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE AND EVEN IF MAXIMIZER SOFTWARE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN STATEMENTS OR ADVICE GIVEN BY MAXIMIZER SOFTWARE INC., ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE OR MODIFY THE SCOPE OF THE WARRANTY PROVIDED HEREIN.
MAXIMIZER SOFTWARE INC. DOES NOT GUARANTEE THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, PERFORM ERROR-FREE OR UNINTERRUPTED, OR THAT MAXIMIZER SOFTWARE INC. WILL CORRECT ANY OR ALL SOFTWARE ERRORS. MAXIMIZER SOFTWARE INC. SUPPLIES THE SOFTWARE “AS IS” AND TO THE EXTENT PERMITTED BY LAW, THE WARRANTY IS EXCLUSIVE AND TAKES THE PLACE OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, CUSTOM, USAGE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, AND ACCURACY.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION AND THE AGGREGATE LIABILITY OF MAXIMIZER SOFTWARE INC. AND ITS DEALERS AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS EULA SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE.
Canadian and US export control laws and other applicable export and import laws govern your use of the SOFTWARE, including technical data. Neither the SOFTWARE nor any direct product thereof may be exported, directly or indirectly, in violation of these laws, or may be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
This EULA in all respects shall be governed and interpreted in accordance with only the laws of the Province of British Columbia, and the parties shall attorn exclusively to the Courts of the Province of British Columbia. This EULA will not be governed by the conflict of law rules of any other jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified by a writing expressly stating to be a modification of this Agreement, signed by an authorized officer of Maximizer Software Inc. This is the entire agreement between Maximizer Software Inc. and you relating to the SOFTWARE and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the SOFTWARE. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the SOFTWARE shall be of no effect.
Notice of Copyright
The SOFTWARE is protected by both the United States and Canadian copyright laws and international treaty provisions. Maximizer Software Inc. authorizes you to make one archival copy of the SOFTWARE for the sole purpose of back-up to protect your investment from loss without installing or using that backup copy on any other computer or simultaneously with the original copy of the SOFTWARE. Otherwise, it is illegal to make copies of the SOFTWARE without the written permission of Maximizer Software Inc. In particular, it is illegal to give a copy to another person.
Maximizer Software Inc.
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