This SundSoft, LLC End-User License Agreement ("EULA") is a legal
agreement between you (either an individual or a single entity) and SundSoft,
LLC for the SundSoft, LLC software product identified above, which includes
computer software and may include associated media, printed materials, and
"online" or electronic documentation ("SOFTWARE PRODUCT"). By installing,
copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you
agree to be bound by the terms of this EULA. If you do not agree to the terms of
this EULA, do not download, install, use or otherwise access the SOFTWARE
PRODUCT.
SOFTWARE PRODUCT LICENSE:
The SOFTWARE PRODUCT is protected by
copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not
sold. THIS IS A SINGLE USE/USER /COMPUTER/MACHINE LICENSE AGREEMENT.
GRANT OF LICENSE: This EULA grants you the following
rights: You may install and use one copy of the SOFTWARE PRODUCT on a
single computer, including a workstation, terminal or other digital electronic
device ("COMPUTER").
Storage/Network Use:
You may NOT store or install a copy
of the SOFTWARE PRODUCT on a storage device, such as a network server, used
only to install or run the SOFTWARE PRODUCT on your other COMPUTERS over an
internal network; however, you must acquire and dedicate a license for each
separate COMPUTER on or from which the SOFTWARE PRODUCT is installed, used,
accessed, displayed or run. A license for the SOFTWARE PRODUCT may not be
shared or used concurrently on different COMPUTERS.
License Pak:
If this package is a SundSoft, LLC License Pak, you
may install and use additional copies of the computer software portion of the
SOFTWARE PRODUCT up to the number of copies specified above as "Licensed
Copies".
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Not For Resale Software:
If the SOFTWARE PRODUCT is labeled "Not
For Resale" or "NFR," then, notwithstanding other sections of this EULA, your
use of the SOFTWARE PRODUCT is limited to use for demonstration, test, or
evaluation purposes and you may not resell, or otherwise transfer for value,
the SOFTWARE PRODUCT.
Limitations on Reverse Engineering, Decompilation, and
Disassembly:
You may not reverse engineer, decompile, or disassemble
the SOFTWARE PRODUCT.
Separation of Components:
The SOFTWARE PRODUCT is licensed as a
single product. Its component parts may not be separated for use on more than
one computer.
Rental:
You may not rent, lease or lend the SOFTWARE PRODUCT.
Trademarks:
This EULA does not grant you any rights in
connection with any trademarks or service marks of SundSoft, LLC.
Support Services:
SundSoft, LLC does not provide any support
services related to the SOFTWARE PRODUCT. Any supplemental software code
provided to you from SundSoft, LLC shall be considered part of the SOFTWARE
PRODUCT and subject to the terms and conditions of this EULA.
Termination:
Without prejudice to any other rights, SundSoft,
LLC 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 PRODUCT and all of its component parts.
UPGRADES:
If the SOFTWARE PRODUCT is labeled as an upgrade, you
must be properly licensed to use a product identified by SundSoft, LLC as
being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A
SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product
that formed the basis for your eligibility for the upgrade. You may use the
resulting upgraded product only in accordance with the terms of this EULA. If
the SOFTWARE PRODUCT is an upgrade of a component of a package of software
programs that you licensed as a single product, the SOFTWARE PRODUCT may be
used and transferred only as part of that single product package and may not
be separated for use on more than one computer.
COPYRIGHT:
All title and intellectual property rights in and to
the SOFTWARE PRODUCT (including but not limited to any images, photographs,
animations, video, audio, music, text, and "applets" incorporated into the
SOFTWARE PRODUCT), any accompanying printed materials, and any copies of the
SOFTWARE PRODUCT are owned by SundSoft, LLC or its suppliers. All title and
intellectual property rights in and to the content which may be accessed
through use of the SOFTWARE PRODUCT is the property of the respective content
owner and may be protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants you no rights to use such
content. All rights not expressly granted are reserved by SundSoft, LLC.
DUAL-MEDIA SOFTWARE:
You may receive the SOFTWARE PRODUCT in
more than one medium. Regardless of the type or size of medium you receive,
you may use only one medium that is appropriate for your single computer. You
may not use or install the other medium on another computer. You may not loan,
rent, lease, lend or otherwise transfer the other medium to another user.
BACKUP COPY:
After installation of one copy of the SOFTWARE
PRODUCT pursuant to this EULA, you may keep the original media on which the
SOFTWARE PRODUCT was provided by SundSoft, LLC solely for backup or archival
purposes. If the original media is required to use the SOFTWARE PRODUCT on the
COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely for backup or
archival purposes. Except as expressly provided in this EULA, you may not
otherwise make copies of the SOFTWARE PRODUCT or the printed materials
accompanying the SOFTWARE PRODUCT.
EXPORT RESTRICTIONS:
You agree that you will not export or
re-export the SOFTWARE PRODUCT to any country, person, entity or end user
subject to U.S. export restrictions. You specifically agree not to export or
re-export the SOFTWARE PRODUCT: (i) to any country to which the U.S. has
embargoed or restricted the export of goods or services, which currently
include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North
Korea, Sudan and Syria, Afghanistan or to any national of any such country,
wherever located, who intends to transmit or transport the products back to
such country; (ii) to any end-user who you know or have reason to know will
utilize the SOFTWARE PRODUCT or portion thereof in the design, development or
production of nuclear, chemical or biological weapons; or (iii) to any
end-user who has been prohibited from participating in U.S. export
transactions by any federal agency of the U.S. government.
MISCELLANEOUS:
If you acquired this product in the United States, this EULA is governed
by the laws of the State of California.
If this product was acquired outside the United States, then local law may
apply. Should you have any questions concerning this EULA, or if you desire to
contact SundSoft, LLC for any reason, please write:
SundSoft, LLC
LIMITED WARRANTY
SundSoft, LLC warrants that the SOFTWARE
PRODUCT will perform substantially in accordance with any accompanying written
materials for a period of thirty (30) days from the date of receipt. To the
extent allowed by applicable law, NO WARRANTIES, EXPRESSED OR IMPLIED.
CUSTOMER REMEDIES
SundSoft, LLC's and its suppliers' entire
liability and your exclusive remedy shall be, at SundSoft, LLC's option,
either (a) return of the price paid, if any, or (b) replacement of the
SOFTWARE PRODUCT that does not meet SundSoft, LLC's Limited Warranty and that
is returned to SundSoft, LLC with a copy of your receipt. This Limited
Warranty is void if failure of the SOFTWARE PRODUCT has resulted from
accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be
warranted for the remainder of the original warranty period or thirty (30)
days, whichever is longer. Outside the United States, neither these remedies
nor any product support services offered by SundSoft, LLC are available
without proof of purchase from an authorized international source.
NO OTHER WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, SUNDSOFT, LLC AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES
AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND
THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL SUNDSOFT, LLC OR ITS SUPPLIERS 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 THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE
FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SUNDSOFT, LLC HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SUNDSOFT, LLC'S ENTIRE LIABILITY
UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT
ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT PROVIDED.
