End User License Agreement
BY ACCEPTING THIS AGREEMENT, EITHER BY (1) CLICKING A BOX INDICATING YOUR ACCEPTANCE OR (2) EXECUTING A QUOTE OR ORDER, OR MAKING A PAYMENT AGAINST AN INVOICE OTHER SIMILAR DOCUMENT, THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT. IF YOU SIGN UP FOR THE SERVICES USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN (A) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY, AND (B) YOUR CLICK TO ACCEPT WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS.
1. GRANT OF LICENSE
Subject to the restrictions set forth in the “LICENSE RESTRICTIONS” section, AprelTech hereby grants Licensee a perpetual, non-transferable (except as set forth under the “TRANSFER TO A THIRD PARTY” section), limited, and non-exclusive license to use the Software Product, solely for Licensee’s internal business purposes, and subject to the terms and conditions set forth in this Agreement.
2. LICENSE RESTRICTIONS
Licensee shall abide by the following restrictions:
2.1 EVALUATION LICENSE
Licensee may install or allow users, whether they are employees or consultants, to install one copy of the latest version of the Software Product. The Software Product must be downloaded directly from the Product website on the day the Software Product is installed, for the sole purpose of user’s evaluation of the Software Product for a restricted period. Evaluation of the Software Product with installers acquired from other sources or downloaded on a day previous to the day of installation is prohibited. Evaluation of versions of the Software Product other than the latest version is prohibited. The Software Product contains a feature that will automatically disable it completely or partially after the expiration of the evaluation period. Licensee shall not disable, destroy, or remove this feature of the Software Product, and any attempt to do so will constitute a material breach of this Agreement.
2.2 TRANSFER TO A THIRD PARTY
Licenses and user names may not be shared or used concurrently by different individual users. The license granted under the “GRANT OF LICENSE” section may only be transferred as expressly allowed in this Agreement and only with AprelTech's written consent. Licensee may permanently and wholly transfer all rights under this Agreement, provided Licensee (a) retain no instances or copies (whole or partial) of the Software Product, (b) permanently and wholly transfer any and all copies of the Software Product (including all component parts, the media and printed materials, any upgrades, this Agreement, and, if applicable, the Certificate of Authenticity) to the transferee and (c) the transferee first agrees to abide by all of the terms of this Agreement. If the Software Product is an upgrade, any transfer must include any and all prior versions of the Software Product and any and all of Licensee’s rights therein, if any.
2.3 OTHER RESTRICTIONS
The Software Product is licensed, not sold. This Agreement gives Licensee only some rights to use the Software Product. AprelTech reserves all other rights. Unless applicable law gives Licensee more rights despite this limitation, Licensee may use the Software Product only as expressly permitted in this Agreement. In doing so, Licensee must comply with any technical limitations of the Software Product that only allow Licensee to use the Software Product in certain ways. Except as explicitly authorized in this Agreement, Licensee shall not itself, or through any parent, subsidiary, affiliate, agent or other third party:
(a) modify, reverse engineer, decompile or disassemble the Software Product;
(b) write or develop any derivative software or any other software program based upon the Software Product;
(c) sell, lease, license or sublicense the Software Product;
(d) interfere with, remove, disable, or modify any license key or license monitoring mechanism in or provided with the Software Product;
(e) allow access to the Software Product by any person other than Licensee, Licensee’s employees or contractors, or otherwise provide or make the Software Product available to any third party without AprelTechs prior written consent;
(f) use the Software Product to provide processing services to third parties, or otherwise use the Software Product on a “service bureau” basis.
3. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which Software Product may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.
This Agreement will terminate immediately and automatically without notice if you breach any provision in this Agreement. The provisions of this Agreement, except for the license grant will survive termination. Upon termination you will remove all copies of the Software or any part of the Software from any and all computer storage devices and destroy the Software. At AprelTech's request, you or your authorized signatory will certify in writing to AprelTech, that all complete and partial copies of the Software have been destroyed and that none remain in your possession or under your control.