» version 1.1 - posted on 2009-03-08
EULA - End User License Agreement
The following is a copy of the license agreement that is included with, and applies to, Intelligent Editing Ltd software products:
Intelligent Editing Ltd
End User License Agreement
Carefully read the following license agreement. You accept and agree to be bound by this license agreement by clicking the icon labeled "I accept the agreement" that is displayed below. If you do not agree to this license, click the icon labeled "Cancel" and the Software will not be installed.
The Software provided hereunder will expire and not operate after thirty days from installation. The purchase of a Software key is required for use of the Software after the thirty day trial period.
"You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means Intelligent Editing Ltd.
We hereby grant you a nonexclusive license to use one copy of the Software on any single computer, provided the Software is in use on only one computer at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer - for example, a hard disk, CD-ROM or other storage device.
If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time, then that person may also use the Software on a portable and a home computer.
Site License Grant
If you have explicitly purchased the software under a Site License, different terms apply. "Site" shall be defined as a single facility or group of facilities in a single metropolitan area or close physical proximity. Separate Site Licenses must be purchased for each Site that does not meet these criteria.
We hereby grant you a nonexclusive license to use the Software on any computer within the Site. The Site License also allows members of the organisation at the licensed Site to use the Software on portable computers belonging to the licensed organisation.
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Intelligent Editing Ltd. Any other use of the Software by any person, business, corporation, government organisation or any other entity is strictly forbidden and is a violation of this License Agreement.
Archival or Backup Copies
You may copy the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.
Things You May Not Do
The Software and Documentation are protected by United Kingdom copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material - for example, a book. You may not:
- Copy the Documentation,
- Copy the Software except to make archival or backup copies as provided above,
- Modify or adapt the Software or merge it into another program,
- Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
- Place the Software onto a server so that it is accessible via a public network such as the Internet, or
- Sublicense, rent, lease or lend any portion of the Software or Documentation.
You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer.
You acknowledge that the Software contains proprietary trade secrets of Intelligent Editing Ltd and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Program for the purpose of deriving the source code of the Program or defeating the Key.
Intelligent Editing Ltd warrants for a period of thirty days after purchase that the software will operate substantially in accordance with the documentation. Should the software not so operate, your exclusive remedy, and Intelligent Editing Ltd's sole obligation under this warranty, shall be, at Intelligent Editing Ltd's sole discretion, correction of the defect or refund of the purchase price paid for the software. Any use by you of the software is at your own risk. This limited warranty is the only warranty provided by Intelligent Editing Ltd regarding the software. Except for the limited warranty above, the software is provided "as is." to the maximum extent permitted by law, Intelligent Editing disclaims all other warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Intelligent Editing Ltd does not warrant that the functions contained in the software will meet any requirements or needs you may have, or that the software will operate error free, or in an uninterrupted fashion, or that any defects or errors in the software will be corrected, or that the software is compatible with any particular platform. Some jurisdictions do not allow the waiver or exclusion of implied warranties so they may not apply to you.
Limitation of Liability
In no event will Intelligent Editing Ltd be liable to you or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use, of or inability to use, the program, or for any claim by any other party, even if Intelligent Editing Ltd has been advised of the possibility of such damages. Intelligent Editing Ltd's aggregate liability with respect to its obligations under this agreement or otherwise with respect to the software and documentation or otherwise shall not exceed the amount of the license fee paid by you for the software and documentation. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You are entitled to 2 hours of technical support for 1 year after the purchase of the license for each license purchased. All technical support is via email only.
This license agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United Kingdom of the software or information about such software which may be imposed from time to time by the government of the United Kingdom. You shall not export the software, documentation, or information about the software and documentation without consent of Intelligent Editing Ltd and compliance with such laws, regulations, orders, or other restrictions.
Term and Termination
This license agreement takes effect upon your installation of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.
This License Agreement shall be construed, interpreted and governed by the laws of the United Kingdom without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in England, United Kingdom. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.
1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
2. This license agreement may be modified only in writing signed by you and us.
3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
4. This license agreement is governed by the laws of the United Kingdom.
2008 Intelligent Editing Ltd. All Rights Reserved.