This License Agreement lets you install the software
product on one(1) computer for one(1) domain. If you want to install
the application on multiple sites, multiple licenses will be required.
You can use your own logos with the application, however ALL
OF OUR COPYRIGHT NOTICES MUST REMAIN VISIBLE. YOU CANNOT RESELL,
RENT, REBRAND OR LEASE THE APPLICATION WITHOUT WRITTEN PERMISSION.
Doing so will result in legal prosecution.
For any question regarding these licensing
terms, please contact us
TERAWAY END USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This
End-User License Agreement ("EULA") is a legal agreement
between you (either an individual or a single entity) and TERAWAY
SOLUTIONS ("TERAWAY") for the TERAWAY software product
identified above, which includes computer software and may include
associated media, printed materials, and "online" or electronic
documentation (collectively, "SOFTWARE PRODUCT"). By installing,
copying, or otherwise using the SOFTWARE PRODUCT, you agree to be
bound by the terms of this EULA. If you do not agree to the terms
of this EULA, you may not use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
Copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties protect
the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.
The SOFTWARE PRODUCT is owned and copyrighted by TERAWAY and its
third party suppliers. Your license confers no title or ownership
in the Software and is not a sale of any rights in the Software.
TERAWAY's third party suppliers may protect their rights in the
event of any violation of these License Terms.
INTRODUCTION. The SOFTWARE PRODUCT
is comprised of any or all of the following components: (i) the
core file components, (ii) TERAWAY Database Scripts, (iii) TERAWAY
Database Schema, (iv) TERAWAY Database Stored Procedures, (v) TERAWAY
Image Files, (vi) TERAWAY Documentation, (vii) TERAWAY “Online”
This EULA describes your rights with respect
to the SOFTWARE PRODUCT and its components. The following terms
govern your use of the specified SOFTWARE PRODUCT unless you have
a separate written agreement with TERAWAY.
1. GRANT OF LICENSE. This EULA
grants you the following rights:
* Standard Use. You may install
and use one (1) copy of the SOFTWARE PRODUCT on a single computer
and on a single company. The number of Management Groups allowed
appears at the beginning of this EULA, if applicable. The number
of Administrative Accounts allowed appears at the beginning of this
EULA, if applicable. You must disclose and reveal to TERAWAY the
name of the company on which the SOFTWARE PRODUCT will be installed
and used. "Use" means storing, loading, installing, executing
or displaying the SOFTWARE PRODUCT.
* Modification Use. TERAWAY
grants you a non-exclusive, limited license, subject to the modification
requirements below, to modify the SOFTWARE PRODUCT. The modified
SOFTWARE PRODUCT shall not be made available for sale, resale, distribution
or publication under any circumstances. TERAWAY will not offer technical
support for the modified SOFTWARE PRODUCT. TERAWAY will not offer
upgrades for the modified SOFTWARE PRODUCT.
* Modification Use Requirements.
Software Product. If you exercise the modification rights described
above, you agree to: (a) only exercise the modification rights described
above on the SOFTWARE PRODUCT installed on the company registered
with TERAWAY for use of the SOFTWARE PRODUCT; (b) limit the modified
SOFTWARE PRODUCT to the same parameters (number of computers (servers),
number of Management Groups, number of Administrative Accounts)
specified in this license agreement; (c) not use TERAWAY's name,
logo, or trademarks to identify the modified SOFTWARE PRODUCT without
TERAWAY’s written permission; (d) reproduce and maintain all
TERAWAY copyright notices in the original SOFTWARE PRODUCT on all
adaptations; and (e) indemnify, hold harmless, and defend TERAWAY
from and against any claims or lawsuits, including attorney's fees,
that arise or result from use of the modified SOFTWARE PRODUCT;
(f) not disable any licensing control features of the SOFTWARE PRODUCT;
(g) Not modify, alter or reverse-engineer any of the following files
: login.asp, incSystem.asp, incCPCheck.asp, options.asp.
* TERAWAY Image Files. If you
use any of the Image Files, you agree to: (a) not use the Image
Files to disparage TERAWAY, its products or services or for promotional
goods or for products which, in TERAWAY's sole judgment, may diminish
or otherwise damage TERAWAY's goodwill in the SOFTWARE PRODUCT including
but not limited to uses which could be deemed under applicable law
to be obscene or pornographic, uses which are excessively violent,
unlawful, or which purpose is to encourage unlawful activities;
(b) not use the Image files to imply TERAWAY's sponsorship, endorsement
or approval of your SOFTWARE PRODUCT modification, service or content
provided by your company; (c) not alter the Image Files in any way;
and (d) not combine the Image Files with any other object, including,
but not limited to, other logos, words, graphics, photos, slogans,
numbers, design features or symbols.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Support Services. TERAWAY
may provide you with support services related to the SOFTWARE PRODUCT
("Support Services"). All support services will be provided
either by e-mail or phone for a time period of six (6) months starting
the same day that the SOFTWARE PRODUCT is supplied. Any supplemental
software code or alteration in database schema provided to you as
part of the Support Services shall be considered part of the SOFTWARE
PRODUCT and subject to the terms and conditions of this EULA. With
respect to technical information you provide to TERAWAY as part
of the Support Services, TERAWAY may use such information for its
business purposes, including for product support and development.
TERAWAY will not utilize such technical information in a form that
personally identifies you.
* License Term Verification.
TERAWAY reserves the right to check all licensees to verify compliance
with this EULA. In order to verify this compliance, you understand
and acknowledge that the SOFTWARE PRODUCT may collect and send back
information to TERAWAY about the location where the SOFTWARE PRODUCT
has been installed. This information is entirely restricted to the
IP address where the SOFTWARE PRODUCT is installed, no other information
will be collected or sent back to TERAWAY.
* Confidential Information.
The term "Confidential Information" means any information
or material, which is proprietary to TERAWAY, whether or not owned
or developed by TERAWAY, which is not generally known other than
by TERAWAY, and which you have obtained through TERAWAY. Confidential
Information includes without limitation: trade secrets, technical
information, product design information, database scripts, database
schema, source code and/or object code, copyrights and other intellectual
property associated with the SOFTWARE PRODUCT.
* Protection of Confidential Information.
You understand and acknowledge that the Confidential Information
associated with the SOFTWARE PRODUCT has been developed or obtained
by TERAWAY by the investment of significant time, effort and expense,
and that the Confidential Information is a valuable, special and
unique asset of TERAWAY, which provides TERAWAY with a significant
competitive advantage, and needs to be protected from improper disclosure.
You agree to hold in confidence and to not disclose the Confidential
Information to any person or entity, except those who are required
to have access to the Confidential Information in order to perform
their job duties in connection with the limited purposes of this
* Limitations on Reverse Engineering,
Decompilation, and Disassembly. You may not reverse engineer,
decompile, or disassemble the SOFTWARE PRODUCT, except and only
to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation.
* Rental. You may not rent,
lease or lend the SOFTWARE PRODUCT.
* Software Transfer. You may
permanently transfer all of your rights under this EULA, provided
you retain no copies, you transfer all of the SOFTWARE PRODUCT (including
all component parts, the media and printed materials, any upgrades,
this EULA, and, if applicable, the Certificate of Authenticity),
and the recipient agrees to the terms of this EULA.
3. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN
ARE RESERVED BY TERAWAY.
4. TERMINATION. Without prejudice
to any other rights, TERAWAY may terminate this EULA if you fail
to comply with the terms and conditions of this EULA. In such event,
you must destroy all copies of the SOFTWARE PRODUCT and all of its
5. COPYRIGHT. All title and
copyrights in and to the SOFTWARE PRODUCT (including but not limited
to any images, photographs, animations, video, audio, music, text,
and "applets" incorporated into the SOFTWARE PRODUCT),
the accompanying printed materials, the accompanying “online”
materials, and any copies of the SOFTWARE PRODUCT are owned by TERAWAY
or its suppliers. Copyright laws and international treaty provisions
protect the SOFTWARE PRODUCT. Therefore, you must treat the SOFTWARE
PRODUCT like any other copyrighted material. You may not copy the
printed or “online” materials accompanying the SOFTWARE
LIMITED WARRANTY. TERAWAY guarantees
that: (a) during a time period of forty five (45) days starting
at the same date of the SOFTWARE PRODUCT acquisition, the SOFTWARE
PRODUCT will work and operate conforming to the terms and conditions
of the provided documentation, and that (b) any technical support
supplied by TERAWAY will be provided according to this EULA. TERAWAY
will be either in position to (a) repair the SOFTWARE PRODUCT or
(b) replace the SOFTWARE PRODUCT. The SOFTWARE PRODUCT replacement
will be guaranteed during the rest of the original warranty time
period or during thirty (30) days, choosing from both periods the
larger one. The present warranty will be terminated if the SOFTWARE
PRODUCT fails as result of an accident, abuse or misuse.
NO OTHER WARRANTIES. To the
maximum extent permitted by applicable law, TERAWAY and its suppliers
disclaim all warranties and conditions, either express or implied,
including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement, with
regard to the software product, and the provision of or failure
to provide support services.
LIMITATION OF LIABILITY. To
the maximum extent permitted by applicable law, in no event shall
TERAWAY or its suppliers be liable for any special, incidental,
indirect, or consequential 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 of or inability to use the software product or the
provision of or failure to provide support services, even if TERAWAY
has been advised of the possibility of such damages.
ALL SALES ARE FINAL. When you
purchase the SOFTWARE PRODUCT you are acquiring source code and
digital information. The SOFTWARE PRODUCT sale is final. TERAWAY
under no circumstances will be in the obligation of returning the
amount paid for the SOFTWARE PRODUCT.
Wherever you acquire this software your local
law may apply.
If you are interested in additional information
on licensing or use of TERAWAY software products, please contact
us at http://www.teraway.com.
Should you have any questions concerning this EULA, or if you desire
to contact TERAWAY for any reason, please e-mail us at firstname.lastname@example.org
Copyright © 2003, 2004 - TERAWAY SOLUTIONS