clearpixel
Intersoft Logo

NetTerm License Agreement

 Site Search

 
 

End-User License Agreement

IMPORTANT READ CAREFULLY: This InterSoft International, Inc. (InterSoft) End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and InterSoft for the InterSoft software product identified above, which includes computer software and associated media and printed materials, and may include online or electronic documentation (Software). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly return the unused Software to the reseller or retailer from whom you purchased the Software for a full refund.

Software License

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.

1. Grant of License.

Subject to payment of applicable license fee(s), InterSoft grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") as follows:

Systems Software. You may install and use one copy of the Software on a single computer.

Storage/Network Use. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Software is run from the storage device. A license for the Software may not be shared or used concurrently on different computers.

License Pack. If you have acquired this EULA in a InterSoft License Pack, you may make the number of additional copies of the computer software portion of the Software authorized on the printed copy of this EULA or other documentation provided by InterSoft, provided that every copy contains all of the original Software's proprietary notices, and you may use each copy in the manner specified above. The number of copies that may be installed or run pursuant to the License Pack is comprised of the total number of copies installed or run on any platform.

2. Description of Other Rights and Limitations.

Limitations on Modification, Reverse Engineering, Decompilation, and Disassembly.You may not modify, reverse engineer, decompile, or disassemble the Software, or create derivative works based upon the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Separation of Components.The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer. You may not remove any proprietary notices or labels on or in the Software.

Rental. You may not rent or lease the Software.

Software Transfer.You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software.

Termination. Without prejudice to any other rights, InterSoft 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 and all of its component parts.

3. Upgrades.

If the Software is an upgrade from another product, whether from InterSoft or another supplier, you may use or transfer the Software only in conjunction with that upgraded product, unless you destroy the upgraded product. If the Software is an upgrade of a InterSoft product, you now may use that upgraded product only in accordance with this EULA. If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

4. Copyright.

All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and applets, incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by InterSoft. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) install the Software 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.

5. US Government Restricted Rights.

The Software and documentation are provided with Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, or at 252.211-7015, or to InterSoft's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is InterSoft International, Inc., PO Box 218794, Houston, TX 77218-8794, USA

6. Export Controls.

None of the Software or underlying information or technology may be installed, downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the US has embargoed goods; or (ii) to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Denial Orders. By installing, downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

7. High Risk Activities.

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). InterSoft and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

Miscellaneous

If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" EULA whose terms vary from this Agreement, then the hard-copy EULA governs your use of the Software. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Texas law (except for conflict of law provisions). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

Should you have any questions concerning this EULA, or if you desire to contact InterSoft for any reason, please contact the InterSoft subsidiary serving your country, or write: InterSoft International, Inc., PO Box 218794, Houston, TX
77218-8794, USA

Limited Warranty

InterSoft warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. InterSoft does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free. InterSoft also warrants that the media containing the Software, if provided by InterSoft, is free from defects in material and workmanship and will so remain for ninety (90) days from thedate you acquiredthe Software.SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES ON THE SOFTWARE, IF ANY, ARE LIMITED TO NINETY (90) DAYS.

Customer Remedies.

InterSoft's and its suppliers entire liability and your exclusive remedy shall be, at InterSoft's option:

 (i) to replace your defective media; or

 (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or

 (iii) if the above remedies are impracticable, to refund the license fee you paid for the Software.

This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) InterSoft advised you how to operate the Software so as to achieve the functionality described in the Documentation. Only if you inform InterSoft of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will InterSoft be obligated to honor this warranty. InterSoft will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant the foregoing warranty within 30 days of being so notified. Outside the United States, neither these remedies nor any product support services offered by InterSoft are available without proof of purchase from an authorized international source.

NO OTHER WARRANTIES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, InterSoft AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL InterSoft, ITS SUPPLIERS, OR ITS RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF InterSoft HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL InterSoft BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT InterSoft RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

BackTopNext
Navigation Bar

Designed and Maintained by BHS Digital - Optimized for Mozilla Firefox and Microsoft Internet Explorer.
© Copyright 1997 to Present, InterSoft International, Inc. All Rights Reserved.