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END USER LICENSE AGREEMENT FOR HES SOFTWARE
IMPORTANT, PLEASE READ CAREFULLY: This HES End-User License Agreement ("EULA") is a legal agreement between Hartell Engineering Software ("HES") and you (either an individual or a single entity, such as a partnership, corporation, or other entity) for the HES software and associated documentation that accompanies this EULA, which includes the associated media and HES internet-based services (“Software”).
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE ACCESSING OR USING THE SOFTWARE. YOUR ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS EULA IS A CONDITION TO THE GRANT OF LICENSE BELOW. IF YOU DO NOT AGREE WITH ANY PART OF THIS EULA THEN DO NOT USE THE SOFTWARE.
TERMS AND CONDITIONS
1. DEFINITIONS
1.1 “E-mail Address” means the e-mail address or user name nominated by you or by HES, that is between 5 and 100 characters long, that is used in part to generate your unique Software registration code.
1.2 “Registration Code” means the hyphenated hexadecimal code that is entered into the Software`s Enter Registration form, in order to enable the Software for use under the terms and conditions of this Agreement.
1.3 “Registration” means the document furnished to you by HES in electronic or such other format, as determined in HES` sole discretion that sets forth an Email Address and unique Registration Code used together to enable the Software for use under the terms and conditions of this Agreement. A Registration may or may not be time limited and it may or may not be locked to a particular Software Major Version.
1.4 “Device” means a single personal computer, workstation, terminal, hand held computer, pager, telephone, personal digital assistant, Server or other electronic device used by a User.
1.5 “Time Devices” means any time devices, copy-protection mechanisms, or other security devices embedded in the Software which may deactivate the Software after expiration of any applicable termed license period.
1.6 “Upgrade Locks” means any upgrade prevention mechanisms, copy-protection mechanisms, or other security devices embedded in the Software which may deactivate the Software for any version of the Software that is not explicitly allowed for by the license.
1.7 “External User” means any individual who is not: (a) one of your full-time, part-time or temporary employees; or (b) agency temporary personnel or an independent contractor on assignment at your place of business or work-site, or for the case of Home User, not an immediate family member (i.e., spouse, child, sibling or parent) who permanently resides at the same physical address.
1.8 “User” means any individual or entity that is not an External User.
1.9. “Home User” means an individual or their immediate family (spouse, child, sibling or parent) who permanently resides at the same address as the primary User and who uses the Software for personal use that is not related in any way to any business or commercial venture. A home based business is not an example of a Home User.
1.10. “Not For Profit Organization” means any legally recognized not for profit organization (such as a charity) or other non-commercial or non-profit making entity.
1.11. “Regular Use” means use of the Software in object code form by a single User or a Device, as applicable, solely for purposes directly related to the User`s own individual use.
1.12. “Major Version” means any version of the Software identified by the combination of the first two version numbers (i.e., X and Y) in the format X.Y.A.B. As an example, versions 1.10.33.0 and 1.11.22.0 are considered to be different Major Versions, whereas 1.11.22.0 and 1.11.31.0 are considered to be the same Major Version since the first two components (X and Y) of the version number are the same.
2. GRANT OF LICENSE. As and for so long as you comply with all of the terms of this EULA, HES grants you, the User, the right to (a) install and use one copy of the Software for use on a single computer, except if you are a Home User or Not For Profit Organization, in which case this Software is licensed for use on multiple computers up to a maximum of three (3) unique computers.
3. RESERVED RIGHTS. You acknowledge and agree that the Software is a proprietary product of HES protected by copyright and other applicable intellectual property laws and treaty provisions. You further acknowledge and agree that the entire right, title and interest in and to the Software including associated intellectual property rights, shall remain with HES. HES retains all rights not expressly granted to you in this EULA. THE SOFTWARE IS LICENSED NOT SOLD.
4. REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the Software.
5. REGISTRATION. You acknowledge that a Registration is required in order for you to utilize the full benefits of the Software. The Registration defines the license term and also whether Major Upgrades are permitted.
6. SOFTWARE ASSIGNMENT OR TRANSFER. This Software License is not for resale, assignment, or transfer. This Software is licensed for the sole use of the original licensee. Sharing of the Registration with other External Users is strictly forbidden and the use of a Registration not purchased by you is strictly forbidden under the terms of this Agreement.
7. NO RENTAL OR COMMERCIAL HOSTING. Software is licensed for Regular Use only. You may not rent, lease, lend or provide commercial hosting services with the Software. You may also not use the Software to provide fee or transaction based services.
8. NO RE-DISTRIBUTION OR SEPARATION OF COMPONENTS. The Software is licensed as a single product. Component parts of the software may not be used in 3rd party applications without prior written approval from HES. Component parts of the Software may not be separated and installed or used on multiple Devices.
9. TIME DEVICES. HES` Registration options include options that are time limited. If you have licensed the Software subject to this EULA with a Registration for a term shorter than a perpetual license, you acknowledge that the Software may be delivered to you with embedded Time Devices. You agree that Time Devices are not considered a defect of the Software and you release HES from any and all claims, however characterized, arising from or related to Time Devices or their operation.
10. UPGRADE LOCKS. HES` Registration options include options that are restricted to a specific Major Version of the Software. If you have licensed the Software subject to this EULA with a Registration locked to a specific Major Version of the Software, you acknowledge that the Software may be delivered to you with embedded Upgrade Locks. You agree that Upgrade Locks are not considered a defect of the Software and you release HES from any and all claims, however characterized, arising from or related to Upgrade Locks or their operation.
11. TERMINATION. If you breach the terms and conditions of this EULA, HES may terminate this EULA without prejudicing any of its other rights. In such event you must destroy and remove all copies of the Software from your Device(s). Sections 1, 3, 12, 13 and 14 specifically survive termination.
12. SEVERABILITY. The provisions of this EULA shall be deemed to be separable and the invalidity of any provision hereof shall not affect the validity of the remainder of this Agreement.
13. DISCLAIMER OF WARRANTIES. THE SOFTWARE IS PROVIDED AS IS AND WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU.
14. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HES SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE USE OF THIS SOFTWARE. UNDER NO CIRCUMSTANCES WILL HES BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER 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 OR INABILITY TO USE THE SOFTWARE EVEN IF HES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DO NOT USE THIS SOFTWARE IN ANY WAY OR FOR ANY PURPOSE IF YOU DESIRE HES TO TAKE ANY LIABILITY FOR ITS USE.