TN BRIDGE 3


EULA - End User License Agreement



SOFTWARE LICENSE AGREEMENT AND WARRANTY STATEMENT

CYBELE SOFTWARE INC. IS WILLING TO LICENSE THE SOFTWARE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE OPENING THE PRODUCT PACKAGE AND INSTALLING THE SOFTWARE, AS OPENING THE PRODUCT PACKAGE AND INSTALLING THE SOFTWARE WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU DO NOT AGREE WITH THESE TERMS, THEN CYBELE SOFTWARE IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH EVENT YOU SHOULD RETURN THE SOFTWARE TO THE PLACE OF PURCHASE AND RECEIVE A FULL REFUND.

1. The Software. The accompanying computer programs, data compilation(s), and documentation are referred to herein as the "Software".

2. Trial Use. You are authorized to use the Software on a royalty-free basis for evaluation purposes during the initial evaluation term of thirty (30) days, unless prior to the expiration of the trial use period this license is terminated by written notice by You for convenience or terminated by either party for material breach. You have the option to register for full use of the Software at any time by following the instructions in the accompanying documentation, including the payment of the required license fee. Registration will authorize You to use an unlocking key which will convert the Software to full use. Your use of the Software for any purpose after the expiration of the initial evaluation term is not authorized. Upon expiration of the limited evaluation term, the Software may automatically disable itself.

3. Optional Perpetual Term. If You exercise Your option to register the Software and to continue this license beyond the initial evaluation term, the term of this license shall be extended in perpetuity unless terminated by written notice by You for convenience or terminated by either party for material breach. Immediately upon termination of this license for any reason, You shall return to CYBELE SOFTWARE all copies of the Software and documentation.

4. License Grant. You are granted non-exclusive rights to install and use the Software on any single computer and/or transmit the Software over an internal computer network, provided that You acquire and dedicate a licensed copy of the Software for each computer on which the Software is used. A License for the Software may not be shared or used concurrently on different computers; however, if the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server), and one person uses that computer more than 80% of the time, then that person may also use the Software on a portable or home computer using the same License. You may purchase additional licenses for the Software from time to time. This Agreement shall take precedence over any purchase order for additional licenses, and any conflicting, inconsistent, or additional terms in such purchase orders shall be null and void. You may copy the Software for archival purposes, provided that all copies must contain the original Softwares proprietary notices in unaltered form.

5. License types. A ?Developer License? grants the right to develop applications in a single workstation using ?Software? as a programming tool. A ?Runtime License? grants the right to execute applications developed using ?Software? in a single workstation.

6. Maintenance. You may pay as your convenience a Maintenance Fee for a defined period of time. Under the rights acquired during the Maintenance period, you will receive the following benefits: a) technical support by email, b) our commitment to timely fix any bug and problem you may report using the ?Software?, c) updates and upgrades of ?Software? without any charge, as soon as they are public released.

7. Restrictions. You may not: (i) permit others to use the Software, except as expressly provided above for authorized network use; (ii) modify or translate the Software; (iii) reverse engineer, decompile, or disassemble the Software, except to the extent this restriction is expressly prohibited by applicable law; (iv) copy the Software, except as expressly provided above; or (v) remove or obscure any proprietary rights notices or labels on the Software.

8. Transfers. You may not transfer the Software or any rights under this Agreement without the prior written consent of CYBELE SOFTWARE, which consent shall not be unreasonably withheld. A condition to any transfer or assignment shall be that the recipient agrees to the terms of this Agreement. Any attempted transfer or assignment in violation of this provision shall be null and void.

9. Ownership. CYBELE SOFTWARE and its suppliers own the Software and all intellectual property rights embodied therein, including copyrights and valuable trade secrets embodied in the Softwares design and coding methodology. The Software is protected by United States copyright laws and international treaty provisions. This Agreement provides You only a limited use license, and no ownership of any intellectual property.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. CYBELE SOFTWARE PROVIDES THE SOFTWARE "AS-IS." NEITHER CYBELE SOFTWARE NOR ANY OF ITS SUPPLIERS OR RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CYBELE SOFTWARE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. YOU ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE OF THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. To the extent that this Warranty Statement is inconsistent with the jurisdiction where You use the Software, the Warranty Statement shall be deemed to be modified consistent with such local law. Under such local law, certain limitations may not apply, and you may have additional rights which vary from jurisdiction to jurisdiction. For example, some states in the United States and some jurisdictions outside the United States may: (i) preclude the disclaimers and limitations of this Warranty Statement from limiting the rights of a consumer; (ii) otherwise restrict the ability of a manufacturer to make such disclaimers or to impose such limitations; or (iii) grant the consumer additional legal rights, specify the duration of implied warranties which the manufacturer cannot disclaim, or prohibit limitations on how long an implied warranty lasts.

INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL CYBELE SOFTWARE OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF CYBELE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

IN NO EVENT SHALL CYBELE SOFTWARES LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARE LICENSE.

The following provisions also apply: (i) The parties confirm that this Agreement and all related documentation is and will be in the English language and (ii) You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software, and You represent that You have complied with any regulations or registration procedures required by applicable law to make this license enforceable.

MISCELLANEOUS. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the Republic of Argentina. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English and English is its controlling language.

U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R.



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Downloads: 177
Updated At: 2024-04-22
Publisher: cybele-software-inc
Operating System: windows
License Type: Free Trial