» version 1.0 - posted on 2006-10-02
EULA - End User License Agreement
END-USER LICENSE AGREEMENT FOR Innovux, Inc. NewsWidget Version 1.0.
IMPORTANT -- READ CAREFULLY
This End-User License Agreement ("EULA") is a legal agreement between you, the end user (either an individual or a single entity) and Innovux, Inc. This license agreement applies to the copy of the accompanying software program(s), (hereinafter SOFTWARE), identified in the Title of this License agreement and all material (hereinafter MATERIAL) included with it. You can install, copy, or otherwise use this SOFTWARE; 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 this SOFTWARE. You may however, return it to Innovux, Inc.
This SOFTWARE is a proprietary product of Innovux, Inc., and is protected under Copyright laws and international treaties.
GRANT OF LICENSE
Innovux, Inc. hereby grants License to you under this Agreement to install, copy, or otherwise use this SOFTWARE on a single system for the purpose intended. SOFTWARE is in "use" on a computer when it is loaded into RAM (i.e., temporary memory) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of the computer(s). You may not modify, copy, distribute, transmit, publish, license, or sell any part or in whole of this Software or services obtained from this Software except as a component of a software application.
All rights, titles and copyrights in and to the PROGRAM (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE), and any copies of the SOFTWARE, is owned by Innovux, Inc. and is protected by Copyright laws and international treaty provisions. Therefore, you must treat this SOFTWARE like any other copyrighted material (e.g., book) except that you may either (a) make one copy solely for backup purposes, or (b) transfer to a single hard disk provided you keep the original solely for backup or archival purposes.
You may not rent or lease this SOFTWARE, and you may not transfer this SOFTWARE and the documentation accompanying this SOFTWARE.
LIMITATIONS ON REVERSE-ENGINEERING, DECOMPILATION, DISASSEMBLY AND OTHER RESTRICTIONS.
You may not reverse- engineer, decompile, or disassemble this SOFTWARE.
With out prejudice to any other rights, Innovux, Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the SOFTWARE and all of its component parts.
NO OTHER WARRANTIES
Innovux, Inc. disclaims all other warranties either expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE and any other accompanying material. There is no warranty by Innovux, Inc. or any other party or person that the functions contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error-free. You assume all responsibility for the selection of the software to achieve your intended results. And for the installation, use and results obtained from it.
You acknowledge that no promise, representation, warranty or undertaking has been made or given by Innovux, Inc. to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the SOFTWARE and any accompanying materials including but not limited to SOFTWARE, manuals or written materials. You acknowledge that you have relied upon your own skill and judgment in deciding and approving the design, procedures and business rules, security mechanisms etc., incorporated in the building of the SOFTWARE and any accompanying materials including but not limited to SOFTWARE, manuals or written materials for use by you.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES AND OTHER CLAIMS
You fully understand and agree that Innovux, Inc. shall not in any circumstances be liable for any damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information, confidential information or other direct, indirect or consequential loss or for any consequential, special, incidental damages, or any claims etc.,) arising out of the use or inability to use or supply or non-supply of the SOFTWARE and any other accompanying written MATERIALS. In no event Innovux Inc.s liability for any claims, damages, loss whether in contract, tort, or any other theory of liability shall not exceed the amount paid by you, if any.
This agreement shall be governed by and construed in accordance with the Laws of the United States, specifically the State of Florida and the County of Leon, and parties to this agreement mutually agree that all disputes that arise would be subject to the jurisdiction of Leon County, Florida courts only.
Should you have any questions concerning this agreement, please contact us at
1228 Conservancy Drive East
Tallahassee, FL 32312