IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and DeluxeRay for the SOFTWARE(s), which includes any associated SOFTWARE components, any media, any "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 or use the SOFTWARE.
1. DEFINITIONS
"non-commercial entity" is defined as any individual, educational institution, charity or humanitarian organization.
"commercial entity" is defined as any corporation registered or otherwise that derives or attempts to derive substantial commercial and monetary gain and benefit from its efforts and endeavors. This includes all Government and Military entities.
"personal use" means the non-commercial use of SOFTWARE in your own home, with your own personal computer by you, your family or by your close friends. The computer you use SOFTWARE in must be owned by you or by a member of your family, you are not allowed to use an unlicensed version (after the evaluation period) of SOFTWARE in a computer owned by the company you work for.
"educational use" means the use of SOFTWARE for educational purposes in a non-commercial institution.
"Licensed version" means a version of SOFTWARE that has been licensed for use by a "commercial or non-commercial entity". Licensed version is not free and you are not allowed to distribute it in any ways.
"Unlicensed version" means the free version of SOFTWARE that can only be used by a non-commercial entity for personal, educational and non-commercial use. The one and only exception is during the evaluation period in which the SOFTWARE may also be used by a commercial entity.
"license" means the license you own. If you haven't bought a license (i.e. the licensed version) you are bound by the restrictions of the unlicensed version.
"license agreement" means this document. This license agreement is a legal agreement between you (individual or a legal entity) and DeluxeRay.
2. The SOFTWARE is licensed, not sold.
3. GRANT OF LICENSE.
i. Unlicensed version
Allows you to use SOFTWARE in an unlimited amount of computers.
Evaluation
A commercial entity may use the Software without charge for fifteen (15) days from the day that you install the SOFTWARE. You must pay the license fee and register your copy to continue to use the SOFTWARE after the fifteen (15) day evaluation period. To pay the license fee and register your copy, you should visit www.DeluxeRay.com or an authorized sales agent.
ii. Licensed version
When you purchase a license you will be provided with a license key. You should enter the license key as prompted by the SOFTWARE. The licensed SOFTWARE may be used by the number of users indicated in your license key and on our invoice. If the SOFTWARE is installed on a terminal/network server or other storage device, you must purchase a license for each user who use the SOFTWARE. A license for the SOFTWARE may not be shared by alternating use of the SOFTWARE between different users.
For each user a license has been purchased can make and use one copy of the SOFTWARE on his or her portable computer. You may also make one copy of the SOFTWARE for back-up or archival purposes. Otherwise, you may not copy the SOFTWARE in whole or in part.
You may permanently transfer all of your rights under this license provided you transfer all copies of the SOFTWARE and the recipient agrees to the terms of this license.
We offer 2 basic license types:
a. A PRIVATE license is for non-profit use only. If you work in any organization that does not engage in commercial activities (e.g., a educational institution, a charity or humanitarian organization) or you intend to use our product for personal (but non-profit) purposes, you should choose this license type. The license can be used by the number of users the license was issued to.
b. A COMMERCIAL license is for commercial, profit-oriented use. If you work in a commercial organization (e.g., a software house or a consulting firm, a government or a military entity) or you intend to use our product to develop and sell products or to offer paid services, you should choose this license type. The license can be used by the number of users the license was issued to.
4. RESTRICTIONS. You may not reverse engineer, de-compile, disassemble, or otherwise attempt to reconstruct or discover the source code from the binaries of the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.
5. TERMINATION. Without prejudice to any other rights, DeluxeRay 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.
6. COPYRIGHT. The SOFTWARE is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of DeluxeRay and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
7. NO WARRANTIES. DeluxeRay expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL DELUXERAY, ITS LICENSEES, ITS DISTRIBUTORS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF DELUXERAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. CHANGES TO TERMS. DELUXERAY RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE. A MORE RECENT DATE AT THE TOP OF THE POSTED AGREEMENT THAN THE DATE AT THE TOP OF THIS AGREEMENT WILL LET YOU KNOW THAT A CHANGED AGREEMENT HAS BEEN POSTED. YOUR NON-TERMINATION OR CONTINUED USE OF THE SOFTWARE AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES
