VIZUP® EVALUATION-EDITION SOFTWARE END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This VizUp End-User License Agreement ('EULA') is a legal agreement between you (either an individual or a single entity) and VizUp Technology for the VizUp, which includes computer software and may include 'online' or electronic documentation ('SOFTWARE'). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy or use the SOFTWARE.
The definition of terms set forth in this Section, shall apply when such terms are used in this Agreement, and any amendments hereto:
IMPROVEMENTS : shall mean correction of any faults. These faults are in fact very complex and may be impossible to correct within the current state of the art. It is not therefore possible for VizUp Technology to promise any systematic corrections.
SPECIFICATIONS : shall mean the functional performance parameters of the Licensed Program effective on the date of this Agreement.
2. SOFTWARE LICENSE. Subject to the provisions contained herein, VizUp Technology grants you a non-exclusive, non transferable license to use the object code version of the Software free of charge for an unlimited period. You may copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
3. LIMITATIONS. You may not (1) permit other individuals to use the Software except under the terms listed above; (2) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; (3) copy the Software other than as specified above; (4) rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or (5) remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Software; and (6) sell, license, sublicense, rent or otherwise transfer the Software.
4. TITLE. Title and ownership of all proprietary rights in the Software, including any copyright, patent, trade secret, trademark, trade name or other intellectual property right, will at all times remain the property of VizUp Technology. You agree not to remove or obliterate any copyright, trademark or proprietary rights notices of VizUp Technology from the Software. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This license gives you no rights to such content.
5. LIMITED WARRANTY AND LIABILITY
VIZUP TECHNOLOGY DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE. BUT, VIZUP TECHNOLOGY SHALL MAKE ITS BEST EFFORTS TO CORRECT ANY BUGS REVEALED BY LICENSEE IN A REASONABLE TIME. IMPROVEMENTS MAY SEEM TO BE MINOR CHANGES TO THE USER, BUT ARE OFTEN TECHNICALLY DIFFICULT.
6. TERMINATION. This License will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the software. The obligations of you and VizUp Technology under Sections 4 ('Title'), 5 ('Limited Warranty and Liability'), 6 ('Termination') and 7 ('General Provisions') hereof will survive termination of this EULA and will continue in full force and effect thereafter.
7. GENERAL PROVISIONS. This License is personal to you and you agree not to assign your rights in this agreement. If any provision of this EULA is held invalid or unenforceable for any reason, the parties agree that such invalidity will not affect the validity of the remaining provisions of this EULA, and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision. This EULA constitutes the entire agreement between you and VizUp Technology and supersedes any prior agreement, whether oral or written, relating to the subject matter of this EULA.
Copyright 2002-2007 VizUp Technology. All rights reserved.