» version 1 - posted on 2006-10-10
EULA - End User License Agreement
FARSTONE TECHNOLOGIES INC. (FARSTONE) END USER LICENSE AGREEMENT FOR RESTOREIT SERVER, HEREAFTER REFERRED TO AS THE "SOFTWARE"
PLEASE READ CAREFULLY: THE USE OF THIS "SOFTWARE" IS SUBJECT TO THE "SOFTWARE" LICENSE TERMS OF FARSTONE AND OTHER LICENSORS WHOSE SOFTWARE MAY BE BUNDLED WITH THIS PRODUCT.
BY YOUR USE OF THE "SOFTWARE" INCLUDED WITH THIS PRODUCT YOU AGREE TO THE LICENSE TERMS REQUIRED BY THE LICENSOR OF THE "SOFTWARE", AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE LICENSE TERMS APPLICABLE TO THE "SOFTWARE", YOU MAY RETURN THE ENTIRE UNUSED PRODUCT FOR A FULL REFUND.
In return for acquiring a license to use the farstone "software", which may include software from third party licensors, trial versions or copies of the "software" and patches made available by farstone, and the related documentation, you agree to the following terms and conditions:
A. Single User License: This Agreement grants you, the Licensee, a License to:
(a) use the "Software" on a single computer system or network, and only by a single user at a time. If you wish to use the "Software" for more users, you will need an additional License for each user.
(b) make one copy of the "Software" in machine-readable form solely for back-up purposes, provided you reproduce FarStones copyright proprietary legends. Notwithstanding the foregoing, the "Software" may be used on the home, laptop or other secondary computer of the principal user of the "Software", and an additional copy of the "Software" may be made to support such use. As used in this License, the "Software" is "in use" when it is either loaded into RAM or installed on a hard drive or other permanent memory device. The "Software" may be "in use" on only one computer at any given time. (Different License terms and fees are applicable for networked or multiple user applications.) As a specific condition of this License, you agree to use the "Software" in compliance with all applicable laws, including copyright laws, and that you will not copy, transmit, perform or distribute any audio or other content using the "Software" without obtaining all necessary Licenses or permissions from the owner of the content.
B. Multiple User License: This Agreement grants you, the Licensee, a License to:
Make one copy of the "Software" in machine-readable form solely for back-up purposes, provided you reproduce FarStones copyright proprietary legends.
You must acquire and dedicate a License for each separate computer on which any part or portion of the "Software" is installed or run As used in this License, the "Software" or any part or portion of the "Software" is "in use" when it is either loaded into RAM or installed on a hard drive or other permanent memory device including any networked or shared environment where either direct or indirect connections are made through software or hardware which pools or aggregates connections.
As a specific condition of this License, you agree to use the "Software" in compliance with all applicable laws, including copyright laws, and that you will not copy, transmit, perform or distribute any audio or other content using the "Software" without obtaining all necessary Licenses or permissions from the owner of the content.
C. Restrictions: You may not distribute copies of the "Software" to others or electronically transfer the "Software" from one computer to another over a network. You may not post or otherwise make available the "Software", or any portion thereof, in any form, on the Internet. You may not use the "Software" in a computer service business, including in time-sharing applications. The "Software" contains trade secrets and, in order to protect them, you may not decompile, reverse engineer, disassemble, or otherwise reduce the "Software" to a human-perceivable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE WORKS BASED UPON THE "SOFTWARE" OR ANY PART THEREOF.
D. Ownership: As Licensee, you own the media upon which the "Software" is recorded or fixed, but FarStone and its Licensors retain title and ownership of the "Software" recorded on the original media and all subsequent copies of the "Software", regardless of the form or media in which or on which the original and other copies may exist. This License does not grant, convey or in any way transfer ownership of the "Software".
E. Separation of Components: The "Software" is licensed as a single product. Its component parts may not be separated for use on more than one computer, not withstanding reference to Section B of this License agreement where Multiple user Licenses have been purchased.
F. Confidentiality: You agree to maintain the "Software" in confidence and that you will not disclose the "Software" to any third party without the express written consent of FarStone. You further agree to take all reasonable precautions to preclude access of unauthorized persons to the "Software".
G. Terms: This License shall continue for as long as you use the "Software". However, it will terminate if you fail to comply with any of its terms and conditions. You may terminate the License at any time by destroying the "Software" (including the related documentation) together with all copies or modifications in any form. FarStone will have the right to terminate our License immediately if you fail to comply with any term or condition of this Agreement. Upon any termination, including termination by you, you must destroy the "Software" (including the related documentation), together with all copies or modifications in any form. The Limitations, Warranties and Liability set out below shall continue in force even after any termination
H. Transfer: You may transfer the "Software" License to someone else, only if you assign all of your rights under this License, cease all use of the "Software", erase or destroy any copy (including the hard drive copy) made in support of your use of the "Software", and the other person agrees to the terms of this License.
If the "Software" is an upgrade from other "Software", whether from us or another supplier, you may use or transfer the "Software" only in conjunction with the upgraded "Software", unless you destroy it. If the "Software" is an upgrade from FarStone, you may only use that upgraded "Software" in accordance with this License.
I. Special Terms Applicable to Databases. Where a database is included with the "Software", you acknowledge that it is licensed only in connection with the use of the "Software" to perform disk creation, and that the database and all data derived there from must be maintained in confidence in accordance with the provisions of Section E of this document. This License does not grant you any rights to distribute or disclose such a database or data contained therein.
J. Limited Warranty: FarStone and its Licensor warrant only that the media upon which the "Software" is furnished will be free from defects in material or workmanship under normal use and service for a period of thirty (30) days from the date of delivery to you. FARSTONE AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE "SOFTWARE" OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FARSTONE AND ITS LICENSORS WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, FARSTONE AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights, which vary from state to state.
The entire liability of FarStone and its Licensors, and your exclusive remedy for a breach of this warranty, shall be: (a) the replacement of any media not meeting the above limited warranty which is returned to FarStone; or (b) if FarStone or its distributor is unable to deliver replacement media which is free from defects in materials or workmanship, you may terminate this Agreement by returning the "Software" and your money will be refunded.
K. Limitation of Liability: IN NO EVENT WILL FARSTONE OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF FARSTONE OR A LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above limitation or exclusion may not apply to you.
L. Bundling: In no case may the "SOFTWARE" be bundled with hardware or other software without written permission from FarStone.
M. Export: You acknowledge that the laws and regulations of the United States and/or other countries may restrict the export and re-export of the "Software". You agree that you will not export or re-export the "Software" or documentation in any form in violation of applicable law in the United States and/or foreign law.
N. General: You acknowledge that you have read this Agreement, understand it, and that by using the "Software" you agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between FarStone and you, and supersedes any proposal or prior agreement, oral or written, and any other communication between FarStone and you relating to the subject matter of this Agreement. No additional or any different terms will be enforceable against FarStone unless FarStone gives its express consent, including an express waiver of the terms of this Agreement, in writing signed by an officer of FarStone. You assume full responsibility for the use of the "Software" and agree to use the "Software" legally and responsibly.
Should any provision of this Agreement be declared unenforceable in any jurisdiction, then such provision shall be deemed severable from this Agreement and shall not affect the remainder hereof. FarStone reserves all rights in the Software not specifically granted in this Agreement.
Should you have any questions concerning this Agreement, you may contact FarStone by writing to:
FarStone Technology, Inc.
350 S. Hope Ave., Suite A103
Santa Barbara, CA 93105
Phone: (805) 682-5678