This Golden Software, LLC End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) (“LICENSEE”) and Golden Software, LLC for the received software product(s), which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials (''SOFTWARE PRODUCT'').
By installing, copying, or otherwise using the SOFTWARE PRODUCT or any UPDATES (as defined below), 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, copy, or use the SOFTWARE PRODUCT, and promptly return the entire unused SOFTWARE PRODUCT to your place of purchase for a full refund.
In addition, by installing, copying, or otherwise using any updates or maintenance releases that you have received as part of the SOFTWARE PRODUCT (''UPDATES''), you agree to be bound by the additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompanies such UPDATES, you may not install, copy, or use such UPDATES.
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 consists of product documentation, sample applications, tools and utilities, and miscellaneous technical information, (individually identified as "COMPONENT" and collectively as "COMPONENTS"). The rights regarding the COMPONENTS of the SOFTWARE PRODUCT are described below unless otherwise indicated.
- GRANT OF LICENSE. Golden Software, LLC grants to LICENSEE a personal, nonexclusive, nontransferable license to make and use copies of the SOFTWARE PRODUCT for which the applicable license fees have been paid in the manner provided in the following sections.
- COPY RESTRICTIONS. This SOFTWARE PRODUCT and the accompanying COMPONENTS are copyrighted. Unauthorized copying of the SOFTWARE PRODUCT, including any part of the SOFTWARE PRODUCT that has been modified, merged, or included with other software, or of the COMPONENTS is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this EULA. Subject to these restrictions, you may make one (1) copy of the SOFTWARE PRODUCT solely for backup purposes. You must reproduce and include the copyright notice on the backup copy. You may copy the printed materials accompanying the SOFTWARE PRODUCT, or print copies of any user documentation for internal use only. You must reproduce and include the copyright notice on the printed materials.
- Single-User License. As the LICENSEE, you may use, or designate one individual within your organization or Affiliate organizations to use, the SOFTWARE PRODUCT on one computer at one time and place. You may access the registered version of the SOFTWARE PRODUCT through a network, provided that you have obtained individual licenses for the SOFTWARE PRODUCT covering all users that will access the software through the network. For instance, if four (4) different users access the SOFTWARE PRODUCT on the network, each user must have his/her own SOFTWARE PRODUCT license. A user can install and activate a single-user license up to the permitted number of activations provided they are the only individual accessing SOFTWARE PRODUCT. You may not distribute copies of the SOFTWARE PRODUCT to individuals outside your organization or Affiliate organizations. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE PRODUCT. You may not modify, adapt, translate, or create derivative works based on the written materials without the prior written consent of Golden Software, LLC. Golden Software, LLC retains title and ownership of the SOFTWARE PRODUCT or any copy.
- Concurrent-Use License. As the LICENSEE, you may install and individuals within your organization or Affiliate organizations may use SOFTWARE PRODUCT on computer(s) on a network, but the number of simultaneous users may not exceed the number of license seats. You may not distribute copies of the SOFTWARE PRODUCT to individuals outside your organization or Affiliate organizations. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE PRODUCT. You may not modify, adapt, translate, or create derivative works based on the written materials without the prior written consent of Golden Software, LLC. Golden Software, LLC retains title and ownership of the SOFTWARE PRODUCT or any copy.
- University-Lab License. As the LICENSEE, you may designate one computer within the lab to have the right to use the SOFTWARE PRODUCT. For instance, if ten (10) licenses of the SOFTWARE PRODUCT are purchased, then the SOFTWARE PRODUCT may be installed on ten computers within the lab, with each computer having its own SOFTWARE PRODUCT license. You may not distribute copies of the SOFTWARE PRODUCT to individuals outside your organization or Affiliate organizations. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE PRODUCT. You may not modify, adapt, translate, or create derivative works based on the written materials without the prior written consent of Golden Software, LLC. Golden Software, LLC retains title and ownership of the SOFTWARE PRODUCT or any copy.
- TRANSFER RESTRICTIONS. This SOFTWARE PRODUCT is licensed only to you, the LICENSEE, and may not be transferred to another entity without the prior written consent of Golden Software, LLC. Any unauthorized transferee of the SOFTWARE PRODUCT shall be bound by the terms and conditions of this EULA. Enabling others to use your product key(s), license string(s) or serial number(s) is strictly prohibited. In no event may you transfer, assign, rent, lease, sell, or otherwise dispose of the SOFTWARE PRODUCT on a temporary or permanent basis except as expressly provided herein.
- TERMINATION. This EULA is effective until terminated. This EULA will terminate with notice from Golden Software, LLC if you fail to comply with any provision of this EULA. Upon termination you shall destroy the written materials and all copies of the SOFTWARE PRODUCT previously licensed to you.
- UPDATES AND UPGRADES. Golden Software, LLC may create, from time to time, updated versions of the SOFTWARE PRODUCT. At its option, Golden Software, LLC will make such updates available to the LICENSEE.
- SUPPORT SERVICES. Golden Software, LLC may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Golden Software, LLC policies and programs described in the user manual, "online" documentation, and/or Golden Software, LLC provided materials. Any supplemental items 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 Golden Software as part of the Support Services, Golden Software may use such information for its business purposes, including for product support and development. Golden Software will not utilize such technical information in a form that personally identifies you.
- COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Golden Software, LLC. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT except as provided in Section 2 - COPY RESTRICTIONS.
- UPDATE LICENSE TERMS. Additional license terms may accompany UPDATES. By installing, copying, or otherwise using any UPDATE, you agree to be bound by the terms accompanying each such UPDATE. If you do not agree to the additional EULA terms accompanying such UPDATES, do not install, copy, or otherwise use such UPDATES.
- EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit the SOFTWARE PRODUCT or related documentation and technical data (or any part thereof), or your software application product to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
- U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Golden Software, LLC/809 14th Street/Golden, CO 80401-1866.
DISCLAIMER OF WARRANTY
THE SOFTWARE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOLDEN SOFTWARE, LLC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
Golden Software agrees to indemnify and hold harmless LICENSEE, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of any third party action or threatened action brought against LICENSEE based on Golden Software’s violation misuse, misappropriation, or infringement of any Intellectual Property Right.
WITH THE EXCEPTION OF INDEMNIFICATION OBLIGATIONS, GOLDEN SOFTWARE LLC'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL NOT EXCEED THE PRICE PAID FOR THE SOFTWARE PRODUCT.
NO LIABILITY FOR DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOLDEN SOFTWARE, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY 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 THIS GOLDEN SOFTWARE, LLC PRODUCT, EVEN IF GOLDEN SOFTWARE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MISCELLANEOUS. This Disclaimer and Limitation of Liability are governed by the laws of the State of Colorado. If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact Golden Software, LLC for any reason, please contact in writing:
Golden Software, LLC
809 14th Street
Golden, CO 80401-1866.
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