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You must read and accept the terms of this License Agreement before downloading Acucorp products:


ACUCORP CLICK-WRAP LICENSE AGREEMENT
FOR ACUCOBOL-GT® ECLIPSE PLUG-IN

IMPORTANT - READ CAREFULLY: This Acucorp Click-Wrap License Agreement ("Agreement") is a legal contract between you (either an individual or a single business entity, hereinafter referred to as "Licensee") and Acucorp, Inc., for the ACUCOBOL-GT Eclipse Plug-In (the "Plug-In").

BY CLICKING THE "Accept" BUTTON BELOW, OR BY INSTALLING OR OTHERWISE USING THE PLUG-IN, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE PLUG-IN.

ARTICLE I.  LICENSE TERMS

1.1     Upon your acceptance of the terms of this Agreement, Acucorp hereby licenses to Licensee a limited, non-transferable, non-exclusive right to use the Plug-In.  All rights not expressly licensed to Licensee herein are reserved by Acucorp.

1.2     Licensee may:
a.      Load and use the Plug-In on any computer.

b.      Copy the Plug-In in machine-readable, object code form, for (i) installation on Licensee's computers; or (ii) nonproductive backup purposes only.  Licensee may make one (1) copy of the Plug-In for backup purposes.  All copies must contain the copyright notice as contained in the original copy of the Plug-In.

1.3     Licensee may not:
a.      Loan, rent, lease, give, sublicense, distribute, transmit or otherwise transfer the Plug-In (or any copy), in whole or in part, to any other person, except by separate written agreement with Acucorp.

b.      Copy or translate the user documentation included with the Plug-In, without Acucorp's prior written consent.

c.      Copy, alter, translate, decompile, disassemble or reverse engineer the Plug-In, including without limitation, modifying the Plug-In to make it operate on non-compatible hardware or for any other reason, except to the limited extent provided by law or as expressly granted by separate written agreement.

d.      Remove, alter or cause not to be displayed any copyright or trademark notices, license agreements, or startup messages contained in the programs or documentation.

e.      Download, transmit, or otherwise export or re-export any of the Plug-In or underlying information or technology in violation of United States or other applicable laws or regulations.


ARTICLE  II.  INTELLECTUAL PROPERTY RIGHTS

Licensee hereby acknowledges that Acucorp is the owner of, and hereby reserves, all Proprietary Rights in the Plug-In, including, without limitation, any and all copyright, trademark and other proprietary rights arising under United States law and international conventions.

ARTICLE III.  DISCLAIMER OF WARRANTIES

THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  THE PLUG-IN, DOCUMENTATION AND OTHER FILES ON THE MEDIA ARE PROVIDED "AS IS."  ACUCORP AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR SUCH FILES.  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 INDIRECT, 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 THE PLUG-IN.

ARTICLE V. ADDITIONAL PROVISIONS

5.1     Modifications. No modification or waiver of this Agreement or any provisions shall be binding unless made in writing and signed by the parties hereto.

5.2     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.

5.3     U.S. Government Restricted Rights. The Plug-In 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.

5.4     Termination.  Without prejudice to any other rights, Acucorp may terminate this Agreement if Licensee fails to comply with the terms and conditions of this Agreement.  In such event, you must destroy all copies of the Plug-In and all of its component parts.

5.5     In the event of any conflict between this Agreement and a written license agreement executed by Licensee and Acucorp, Inc., the written license agreement shall govern.

I accept the terms of this agreement

I agree to receive email updates from Acucorp including eUpdate, Acucorp's monthly email newsletter and other periodic Acucorp announcements. To protect your privacy, Acucorp does not share this information with any third party.

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