| |
IMPORTANT - READ CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE.
By downloading the software or using the software, you ("Licensee") agree to the following terms and conditions.
ACUCORP, INC. CLICKWRAP LICENSE AGREEMENT
(Demonstration & Evaluation Software)
ARTICLE I. LICENSE TERMS
| 1.1 |
|
Acucorp hereby grants to Licensee a limited, non-transferable, non-exclusive right to use and display the enclosed software ("Acucorp Software") for DEMONSTRATION AND EVALUATION PURPOSES ONLY. All rights not expressly licensed to Licensee herein are reserved by Acucorp. |
| 1.2 |
|
Licensee may load and use the enclosed software on any computer, as long as it is used only on one computer by one user at a time. |
| 1.3 |
|
Licensee may not:
- Loan, rent, lease, give, sublicense, distribute, transmit or otherwise transfer the software (or any copy), in whole or in part, to any other person, except by separate written agreement with Acucorp.
- Copy or translate the user documentation included with the software, without Acucorp's prior written consent.
- Copy, alter, translate, decompile, disassemble or reverse engineer the software, including without limitation, modifying the software to make it operate on non-compatible hardware or for any other reason.
- Remove, alter or cause not to be displayed any copyright or trademark notices or startup messages contained in the programs or documentation.
- Download, transmit, or otherwise export or re-export any of the Acucorp Software or underlying information or technology in violation of United States or other applicable laws or regulations.
|
ARTICLE II. INTELLECTUAL PROPERTY RIGHTS
| 2.1 |
|
Licensee hereby acknowledges that Acucorp is the owner of, and hereby reserves, all Proprietary Rights in the Acucorp Software and Acucorp's Confidential Information, including, without limitation, any and all copyright, trademark and other proprietary rights arising under United States law and international conventions. |
| 2.2 |
|
Licensee shall promptly notify Acucorp of any unauthorized third party duplication, distribution or use of Acucorp Software of which Licensee is aware, and shall provide Acucorp with whatever reasonable assistance is necessary to prevent, deter or terminate such activities. |
ARTICLE III. DISCLAIMER OF WARRANTIES
| 3.1 |
|
THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE PROGRAMS, DOCUMENTATION AND OTHER FILES ON THE MEDIA ARE PROVIDED "AS IS." Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to Licensee. This warranty gives Licensee specific legal rights, and Licensee may also have other legal rights which vary from jurisdiction to jurisdiction. |
ARTICLE IV. LIMITATION OF LIABILITY
IN NO EVENT WILL ACUCORP BE LIABLE TO LICENSEE OR ANY OTHER PARTY FOR DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR FROM ANY BREACH OF WARRANTY, EVEN IF ACUCORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ACUCORP'S TOTAL LIABILITY EXCEED THE AMOUNT LICENSEE PAID IN LICENSE FEES FOR THE RIGHT TO USE A SINGLE COPY OF THIS SOFTWARE.
ARTICLE V. INDEMNIFICATION
Licensee shall defend, indemnify and hold Acucorp and its affiliated companies and the officers, directors, agents, employees, successors, and assigns of the foregoing harmless from any and all claims including reasonable attorneys' fees and costs of litigation, liabilities, damages, costs and expenses resulting from Licensee's breaches, acts, omissions or misrepresentations, including but not limited to Licensee's combining (or its authorizing others to combine) the Licensee's Software with products not provided by Acucorp.
ARTICLE VI. ADDITIONAL PROVISIONS
| 6.1 |
|
Modifications. No modification or waiver of this Agreement or any provisions shall be binding unless made in writing and signed by the parties hereto. |
| 6.2 |
|
Governing Law. This Agreement shall be governed by and construed under the laws of the State of California, without regard to choice of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. |
| 6.3 |
|
U.S. Government Restricted Rights. The Acucorp Software is provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement, as applicable. The contractor/manufacturer of this Software is Acucorp, Inc., 8515 Miralani Drive, San Diego, California 92126. |
ACUCORP, INC.
CLICKWRAP LICENSE AGREEMENT
Contact | Site Map |  | Legal | Trademarks | Privacy | Print this page
Acucorp, Inc., 9920 Pacific Heights Blvd., San Diego, CA 92121, +1 858.795.1900
© 1999-2008, Acucorp, Inc. All rights reserved.
|
|
| |
