EventTracker 4.6.7


EULA - End User License Agreement



PRISM MICROSYSTEMS, INC.
SOFTWARE LICENSE AGREEMENT

NOTICE -- READ THIS BEFORE DOWNLOADING, COPYING OR USING THE SOFTWARE
INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS LICENSE INDICATES YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS AND
CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING THE
SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DELETE THE SOFTWARE
FROM YOUR HARDWARE. PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR
TRANSFER THE PROGRAM OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY
PROVIDED IN THIS AGREEMENT.

1. License. This software program (the "Program") and the accompanying
on-line read-me and help files (the "Documentation") are licensed, not sold,
to you by Prism Microsystems, Inc. ("Licensor"). The term "Program" shall
also include any updates of the Program licensed to you by Licensor. Subject
to the terms of this agreement, you have a non-exclusive and nontransferable
right to use the Program and Documentation for non-commercial (e.g. not for
resale or rental or the like), educational, evaluation or personal purposes
only. You may use this Program on a single computer located in the United
States and its territories or any other country to which this Program is
legally exported. This Program is "in use" on a computer when it is loaded
into the temporary memory (i.e. RAM) or installed into the permanent memory
(e.g. hard drive, CD-ROM or other storage device) of that computer, except
that a copy installed on a network server for the sole purpose of
distribution to other computers is not "in use." If youpermanently install
the Program on the hard disk or other storage device of a computer (other
than a network server) and you use that computer more than 80% of the time
it is in use, then you may also use the Program on a portable or home
computer. You agree to use your best efforts to prevent and protect the
contents of the Program and Documentation from unauthorized disclosure or
use. Licensor and its licensors reserve all rights not expressly granted to
you. Licensor s licensors are the intended third party beneficiaries of this
agreement and have the express right to rely upon and directly enforce the
terms set forth herein.

2. Limitation on Use: You may not rent, lease, sell or otherwise transfer or
distribute copies of the Program or Documentation to others. You may not
modify or translate the Program or the Documentation without the prior
written consent of Licensor. You may not reverse assemble, reverse compile
or otherwise attempt to create the source code from the Program. You may not
use Licensor s name or other trademarks or refer to Licensor or Licensor s
products directly or indirectly in any papers, articles, advertisements,
sales presentations, news releases or releases to any third party without
the prior written approval of Licensor for each such use. You may not
release the results of any performance or functional evaluation of any
Program to any third party without prior written approval of Licensor for
each such release.

3. Backup and Transfer. You may make one copy of the Program for backup
purposes if Licensor s copyright notice is included. You may not sublicense,
assign, delegate, rent, lease, time-share or otherwise transfer this license
or any of the related rights or obligations for any reason. Any attempt to
make any such sublicense, assignment, delegation or other transfer by you
shall be void. You may physically transfer the Program from one computer to
another provided that you do not retain any copies of the Program, including
any copies stored on a computer.

4. Copyright. The Program and related Documentation are copyrighted by
Licensor and its licensors. You may not copy the Program (or this license)
except to provide a backup copy and to load the Program into the computer as
part of executing the Program. You may make one copy of the Documentation
and print one copy of any on-line documentation or other materials provided
to you in electronic form. Any and all other copies of the Program and any
copy of the Documentation made by you are in violation of this license.

5. Ownership. You agree that the Program and Documentation belong to
Licensor and its licensors. You agree that you neither own nor hereby
acquire any claim or right of ownership to the Program and Documentation or
to any related patents, copyrights, trademarks or other intellectual
property. Licensor and its licensors retain all right, title and interest in
and to the Documentation and all copies and the Program at all times,
regardless of the form or media in or on which the original or other copies
may subsequently exist. This license is not a sale of the original or any
subsequent copy. All content accessed through the Program is the property of
the applicable content owner and may be protected by applicable copyright
law. This license gives you no rights to such content.

6. Term and Termination. This license is effective until terminated. You may
terminate this license at any time by destroying the Program and
Documentation and the permitted backup copy. This license automatically
terminates if you fail to comply with its terms and conditions. You agree
that, upon such termination, you will either destroy (or permanently erase)
all copies of the Program and Documentation, or return the original Program
and Documentation to Licensor, together with any other material you have
received from Licensor in connection with the Program.

7. DISCLAIMER OF WARRANTY. LICENSOR AND ITS LICENSORS PROVIDE THE PROGRAM
AND THE DOCUMENTATION "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. All risk of quality
and performance of the Program and the Documentation is with the Licensee.
Should the Program prove defective, you and not Licensor assume the entire
cost of any service and repair. This disclaimer of warranty constitutes an
essential part of this agreement.

8. LIMITATION OF REMEDIES. IN NO EVENT WILL LICENSOR OR ITS LICENSORS BE
LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR
INABILITY TO USE THE PROGRAM INCLUDING, BY WAY OF ILLUSTRATION AND NOT
LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES,
ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, EVEN IF LICENSOR,
ITS LICENSORS OR AN AUTHORIZED LICENSOR DEALER, DISTRIBUTOR OR SUPPLIER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
OTHER PARTY.

9. Applicable Law. This license will be governed by the laws of the State of
Maryland, without reference to conflicts of laws principles. The United
Nations Convention on Contracts for the Sale of Goods does not apply to this
license.

10. Export Controls. The Program and the underlying information and
technology may not be downloaded or otherwise exported or reexported (i)
into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North
Korea, Iran, Syria or any other country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department s list of Specially
Designated Nationals or the U.S. Commerce Department s Table of Deny Orders.
By downloading or using the Program, you are agreeing to the foregoing and
you represent and warrant that you are not located in, under the control of,
or a national or resident of any such country or on any such list.

11. U.S. Government End Users. The Program is a "commercial item," as that
term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
computer software" and "commercial computer software documentation," as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Government End Users acquire only those rights in the Program and the
Documentation that are provided by this Agreement.

12. No Other Agreements. This Agreement constitutes the entire agreement
between the parties with respect to the Program and the Documentation, and
supersedes any other written or oral agreement.
Prism Microsystems, Inc.
10015 Old Columbia Road
Suite F-100
Columbia MD 21046
Email: sales@whatchanged.com
http://www.prismmicrosys.com



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Updated At: 2024-03-19
Publisher: prism-microsystems-inc
Operating System: windows
License Type: Free Trial