AlexSS Consulting Inc. Business Information System
END-USER LICENSE AGREEMENT FOR ALEXSS CONSULTING Inc. SOFTWARE
IMPORTANT--READ CAREFULLY: This AlexSS Consulting Inc. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and
Alexss Consulting for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, 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.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
* Software License. Alexss Consulting Inc. grants you the right to use the SOFTWARE PRODUCT
on a multi-user basis (unlimited users) as long as the installation is performed
on a single server. You may also make copies of the SOFTWARE PRODUCT for backup and archival purposes.
* Distribution. Alexss Consulting Inc. grants you a non-exclusive, royalty-free right to reproduce and distribute an unlimited number of copies of the SOFTWARE PRODUCT, provided that you: (a) distribute the SOFTWARE PRODUCT in object code form only as part of a software product created by you that adds significant and primary value to the SOFTWARE PRODUCT (the "Licensed Product"); (b) do not use
Alexss Consulting Inc's name, logo, or trademarks to market the Licensed Product; (c) will not permit further distribution of the SOFTWARE PRODUCT by your end-user customers; (d) include a valid copyright notice on the Licensed Product product sufficient to protect Microsoft’s copyright in the SOFTWARE PRODUCT; (e) distribute and license the use of the SOFTWARE PRODUCT to end users only pursuant to your end user license agreement ("EULA"); (f) agree to indemnify, hold harmless, and defend
Alexss Consulting Inc. from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of your software product; (g) otherwise comply with the terms of this end user license agreement; and (h) agree that
Alexss Consulting Inc. reserves all rights not expressly granted.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Not for Resale Software. If the SOFTWARE PRODUCT is labeled "Not for Resale" or "NFR," then, notwithstanding other sections of this EULA, you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
* Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT.
* Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
* Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
* Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
* Performance or Benchmark Testing. You may not disclose the results of any benchmark test of the SOFTWARE PRODUCT to any third party without
Alexss Consulting’s prior written approval.
* Support Services. Alexss Consulting may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the
Alexss Consulting's policies and programs described in the user manual, in "online" documentation, and/or in other
provided materials. Any supplemental software code 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
Alexss Consulting Inc. as part of the Support Services, Alexss Consulting Inc. may use such information for its business purposes, including for product support and development.
* Termination. Your rights under this EULA terminate upon the termination of your
valid licensing agreement. Without prejudice to any other rights, Alexss
Consulting Inc. 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 PRODUCT and all of its component parts.
3. NO WARRANTIES. Alexss Consulting Inc. expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
4. LIMITATION OF LIABILITY. In no event shall Alexss Consulting Inc.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 the SOFTWARE PRODUCT, even if
Alexss Consulting Inc. has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
MISCELLANEOUS
If you acquired this product in Canada, this EULA is governed by the laws of the Province of
Alberta, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of
Alberta and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of
Calgary, Province of Alberta.
If this product was acquired outside Canada, then local law may apply.
