» version 2.0 - posted on 2009-01-23
EULA - End User License Agreement
Essential Solutions LLC License Agreement for :
ES Database Access
Essential Solutions LLC END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This Essential Solutions LLC End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Essential Solutions LLC for the ES Database Access SOFTWARE(s) identified above, which includes the READMT.txt File, any associated SOFTWARE components, any media, any printed materials other than the README.txt file, and any "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, do not install or use the SOFTWARE..
1. The SOFTWARE is licensed, not sold.
2. GRANT OF LICENSE. After you have purchased the license for SOFTWARE, and have received the file enabling the registered copy, you are licensed to copy the SOFTWARE only into the memory of the number of computers corresponding to the number of licenses purchased. This means that you may use this SOFTWARE on one single computer. You may not duplicate the SOFTWARE in whole or in part, except that you may make one copy of the SOFTWARE for backup or archival purposes. You may terminate this license at any time by destroying the original and all copies of the SOFTWARE in whatever form. You may permanently transfer all of your rights under this EULA provided you transfer all copies of the SOFTWARE (including copies of all prior versions if the SOFTWARE is an upgrade) and retain none, and the recipient agrees to the terms of this EULA.
3. RESTRICTIONS. You may not reverse engineer, de-compile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.
4. SUPPORT SERVICES. Essential Solutions LLC may provide you with support services related to the SOFTWARE. Use of Support Services is governed by the Essential Solutions LLC polices and programs described in the user manual, in online documentation, and/or other Essential Solutions LLC-provided materials, as they may be modified from time to time. Any supplemental SOFTWARE code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to Essential Solutions LLC as part of the Support Services, Essential Solutions LLC may use such information for its business purposes, including for product support and development. Essential Solutions LLC will not utilize such technical information in a form that personally identifies you.
5. TERMINATION. Without prejudice to any other rights, Essential Solutions LLC 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.
6. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Essential Solutions LLC and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
7. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE to any country, person, entity, or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
8. NO WARRANTIES. Essential Solutions LLC expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL ESSENTIAL SOLUTIONS LLC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF ESSENTIAL SOLUTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ESSENTIAL SOLUTIONS LLC'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.
10. MISCELLANEOUS. If you acquired the SOFTWARE in the United States, this EULA is governed by the laws of the state of Louisiana. If you acquired the SOFTWARE outside of the United States, then local laws may apply.
Should you have any questions concerning this EULA, or if you desire to contact Essential Solutions LLC for any reason, please contact Essential Solutions LLC by mail at: 343 Third Street, Suite 400, Baton Rouge, LA 70801, by telephone at: (225) 336-0273, or by electronic mail at: firstname.lastname@example.org