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EVERLUSION LICENSE AGREEMENT
BEFORE USING THE PROGRAM, YOU MUST READ THIS LICENSE AGREEMENT CAREFULLY.
INSTALLING OR USING THE PROGRAM, INSTALLING REGISTRATION CODES, OPENING PROGRAM PACKAGING OR CLICKING “ACCEPT”, IF YOU ARE READING THIS LICENSE ON A COMPUTER SCREEN, MEANS THAT YOU” ARE AUTHORIZED TO ACCEPT THIS AGREEMENT, THAT YOU HAVE READ AND UNDERSTAND ITS TERMS AND THAT YOU AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, YOU MAY NOT OPEN, INSTALL OR USE THE PROGRAM, AND MUST IMMEDIATELY RETURN THE PROGRAM UNUSED TO THE PLACE WHERE IT WAS ACQUIRED FOR A FULL REFUND.
This End-User License Agreement ("Agreement") is a legal agreement between “You” (including yourself and any organization or institution licensing the program or on whose equipment the software may be installed or used) and Everlusion for the Software Product, which may include software components, media, printed materials, and "on-line" or electronic documentation ("Software"). The Software is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties.
1. Grant of License. The Software is licensed as follows:
(a) Installation and Use. In consideration for the license fee paid, Everlusion grants you a nonexclusive, restricted right to install and use the Software (in machine readable form only and including and all associated materials) on the number of computers for which you are authorized. You may use the Software solely for your personal or internal business purposes, in accord with the terms of this Agreement.
(b) Backup Copies. You may make copies of the Software for backup and archival purposes only. The backup copies must include all copyright information contained in the original.
(c) Trial Software (if applicable). If this Software is marked "Trial", then this license to use the Software under the conditions set herein is granted to you for 14 (fourteen) days from the time you installed the Software. After the specified period is over, this grant of license expires.
(d) Not For Resale Software. If this Software is marked "Not for Resale" or "NFR", your license only permits use for demonstration, testing, or evaluation purposes.
Ownership.
Everlusion owns or licenses, and retains all title, copyright, trademark, trade secret, patent, and other proprietary rights in and to the Software. This license is NOT a sale of the Software or any copy of it. You obtain only the rights specified in this Agreement. Everlusion reserves all rights not specifically granted.
2. Maintenance of Copyright Notices. All the native resources, restrictions and copyright notices shipped with the original product must be preserved and included with all copies of the Software.
3. Transfer. You have a permanent right to transfer all your rights under this Agreement to another party by passing all the copies of the Software licensed, together with a copy of this Agreement and the accompanying written materials, provided that You first inform Everlusion in writing of the name and address of the recipient to whom the Program will be transferred and that the other party accepts the terms of this Agreement.
4. Upgrades. Notwithstanding any other terms in this Agreement, if the Software is licensed as an upgrade or update, then you may only use the Software to replace the previous validly licensed versions of the same Software. You agree that the upgrade or update does not constitute the granting of a second license to the Software (i.e., you may not use the upgrade or update in addition to the Software it is replacing, nor may you transfer the replaced software to a third party).
5. Distribution. You may not distribute, rent, lease, loan or sublicense the Software in whole or in part, or use on more computers for which you have no valid License. You may not use the Software to provide services to any third party without express written consent of Everlusion.
6. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not create derivative works based upon the Software in whole or in part, unless otherwise expressly indicated by Everlusion.
7. Support Services. Everlusion may provide Support Services related to the Software ("Support Services"). The use of the Support Services is governed by the Everlusion policies and programs described in the "on-line" documentation and/or other materials provided by Everlusion. Any supplementary software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this Agreement. Any technical information you provide to Everlusion may be used by Everlusion for its business purposes, including product support and development, but not in a form that identifies you personally (unless otherwise agreed between you and Everlusion).
8. Compliance with Applicable Laws. You must comply with all applicable laws regulating the use of the Software. The terms of this Agreement remain in full force and effect unless found unenforceable.
9. Term and Termination of the Agreement. This Agreement takes effect when the Software is installed or used for the first time, and remains valid until terminated. You are free to terminate it at any time by destroying the original and any archival copies of the Software, and notifying Everlusion in writing. Everlusion may terminate this License without notice upon your failure to abide by this Agreement.
10. Limited Warranty. Everlusion warrants the performance of the Software substantially in accordance with the Documentation for a period of 30 (thirty) days from the date of original retail purchase (as evidenced by a copy of your receipt). If the Software fails to meet the specifications of the warranty set forth above, your exclusive remedy will be replacement of the CD or a reasonable effort on the part of Everlusion to make the product meet the above warranty specification. This limited warranty applies only if you return all the copies of the Software along with a copy of your paid invoice to the location where you purchased it, within 30 (thirty) days after the purchase. Any Software provided to you for replacement will be further guaranteed for 30 (thirty) days from the date of receipt. EXCEPT FOR THESE EXPRESS LIMITED WARRANTIES, EVERLUSION GIVES YOU NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU. EVERLUSION SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Everlusion does not warrant that the operation of the Software will be uninterrupted or error-free.
11. Limitation on Liability. NEITHER EVERLUSION NOR ITS AUTHORIZED REPRESENTATIVES INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR INTENTIONAL DAMAGES, INCLUDING ANY LOSS OF USE, LOST PROFITS, INTERRUPTION OF BUSINESS OR LOST SAVINGS, ARISING OUT OF USE OF OR RELATING TO THE SOFTWARE AND THIS LICENSE, EVEN IF EVERLUSION OR AN EVERLUSION REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
12. Complete Agreement. The express terms of this Agreement constitute the entire Agreement between You and Everlusion. If the license was purchased for your own use, its terms apply to you. If purchased for corporate use, this Agreement applies to you, your company and the employees of the company.
Copyright © 2008 Everlusion. The Software, its Documentation and other materials are copyrighted, with all rights reserved. Under the copyright laws, the Software or related materials may not be copied (including translating into another language or format), in whole or in part, without written consent of Everlusion, except in the normal use or for backup purposes. Copies may not be made for third parties, whether sold or not.
All trademarks acknowledged. Everlusion and CustomerHunt trademarks may be registered in some countries.