EULA - End User License Agreement
End-User License Agreement (EULA)
Important! Read the following terms carefully before installing, copying and/or using the product. Installing, copying or using the product indicates your acceptance of these terms.
This End-User License Agreement ("EULA") is a legal agreement between you, the end user of the license rights granted herein, and WebClipio, Inc. governing the use of the software (SOFTWARE) accompanying this agreement, including any and all associated media, printed materials, and "online" or electronic documentation protected by copyright laws. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree with the terms of this EULA, do not use the SOFTWARE.
1. Grant of License
1.1 Subject to your compliance with the terms of this EULA, WebClipio, Inc. grants you, the end user, a non-exclusive license enabling you to use the SOFTWARE.
1.2 All conditions stated below apply both to the SOFTWARE as a whole and to all of its separate components.
2.1 WebClipio, Inc. represents, warrants and guarantees that it has the full right, power, legal capacity, ability and authority to license and distribute the SOFTWARE, including all the images, photos, animations, audio-video components, music, text and "applets" incorporated into the SOFTWARE, as well as the accompanying printed materials and all of the SOFTWARE copies.
2.2 The SOFTWARE contains valuable trade secrets and confidential information belonging to WebClipio, Inc. and is protected by copyright, including, without limitation, by United States Copyright Law, international treaty provisions, and the applicable laws of the country in which it is being used. Any use of the SOFTWARE outside of or in contravention of the terms and conditions of this EULA shall constitute a breach of WebClipio, Inc.s intellectual property rights and shall give cause for the revocation of all rights to use the SOFTWARE granted to you under this EULA.
2.3 You may make a one-time permanent transfer of this EULA and SOFTWARE only directly to an end user. This transfer must include all of the SOFTWARE (including all component parts, the media and printed materials, and any upgrades). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE. You must uninstall the SOFTWARE from your computer or from your Local Area Network in the case of such SOFTWARE transfer.
3. Using the SOFTWARE
3.1 If your copy of the SOFTWARE is labeled WebClipio, you may install one copy of the SOFTWARE on your computer only and only users of your local area network may use the SOFTWARE. You may not install the SOFTWARE on more than one computer. You may not use the SOFTWARE outside of your local area network (from another local area network or from the Internet).
4. Dual-Media SOFTWARE
4.1 You may receive the SOFTWARE on more than one medium, including downloads over the Internet. Regardless of the number of media you receive, you are only licensed to use one copy of the SOFTWARE in accordance with Section 3 of this EULA.
5. End-User Databases
5.1 You may create your own databases for the programs included in the SOFTWARE if such a feature is provided by this SOFTWARE.
6. Redistribution of the SOFTWARE
6.1 Any re-distribution of the SOFTWARE is strictly prohibited. Redistribution includes, but is not limited to, granting access to third parties, selling (except as described in article 2.3), renting, leasing, or lending the SOFTWARE.
7.1 Mandatory Activation. You acknowledge that the SOFTWARE is protected from unauthorized copying and unlimited use. You may not be able to exercise your rights to the SOFTWARE under this EULA unless you activate your copy of the SOFTWARE. When you activate the product, your Product ID will be sent to WebClipio, Inc. to identify you as a customer. This information will not be used for any other purposes. During activation, a unique parameter is created that represents the configuration of your computer at the time of activation. The parameter does not include any personal information, any information about software or data that may reside on your computer, or any information about the specific make or model of your computer. The parameter identifies the computer solely for the purpose of activation. Together with the parameter, interface language of your copy of WebClipio will be sent to WebClipio, Inc. This information will only be used for selecting the correct language and contents of the reply message to inform you about the results of the activation procedure and will not be used for any other purposes.
7.2 All usage terms and limitations governing the use of the SOFTWARE are stated in Section 3 of this EULA, unless otherwise stipulated in a separate agreement with WebClipio, Inc..
7.3 You may not perform or make it possible for other persons to perform any activities included in the list below:
7.3.1 Disassemble or decompile (i.e. extract the source code from the object code) the SOFTWARE (applications, databases, and other SOFTWARE components), except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation.
7.3.2 Modify the SOFTWARE, including making changes to the object code of the applications and databases contained in the SOFTWARE other than those provided for by the SOFTWARE and described in the documentation.
7.3.3 Transfer any rights granted to you hereby and other rights related to the SOFTWARE to any other person.
7.3.4 Make it possible for any person not entitled to use the SOFTWARE and working in the same multi-user system as you to use the SOFTWARE.
8. Support Services
8.1 WebClipio, Inc. may provide you with the support services related to the SOFTWARE ("Support Services").
8.2 Support Services are performed in accordance with the terms of the Users Guide, "online" documentation, and other materials provided by WebClipio, Inc. Any supplementary software code provided to you as part of Support Services is to be considered as part of the SOFTWARE and subject to the terms and conditions of this EULA.
8.3 To be eligible for Support Services, you are required to provide WebClipio, Inc. with information about the characteristics of your computer, as well as standard personal details including your e-mail address.
8.4 WebClipio, Inc. may use the above-mentioned information for its business purposes, including, but not limited to, product support and development, provided that WebClipio, Inc. does not utilize such information in any form that personally identifies you.
9. Not for Resale Software
9.1 If the SOFTWARE is labeled "Not for Resale" or "NFR", then, notwithstanding other sections of this EULA, you may only use such SOFTWARE for demonstration, verification or testing purposes.
10. Software for Trial Purposes
10.1 If the SOFTWARE is labeled Trial or Demo, then this section shall apply until such time that you purchase a license for the full retail version of the SOFTWARE. You acknowledge that the SOFTWARE has limited functionality and/or functions for a limited period of time. The SOFTWARE is licensed on an as is basis, solely as a demonstration model. If the SOFTWARE is a timeout version, its functionality will be disabled after a designated period of time following the installation, this period being specified in the SOFTWARE. Upon such timeout date, the license hereunder shall be terminated, unless extended by WebClipio, Inc. upon your purchase of a full retail license from WebClipio, Inc.
11.1 If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a product identified by WebClipio, Inc. as being eligible for the upgrade in order to use the SOFTWARE.
11.2 The SOFTWARE labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade.
11.3 Once you have installed the upgraded product, your previous EULA is considered null and void.
11.4 You may only use the resulting upgraded product in accordance with the terms of the EULA supplied with the product.
11.5 You acknowledge that any obligation WebClipio, Inc. may have to support the version of the SOFTWARE being upgraded shall end upon the availability of the upgrade.
12.1 Without prejudice to any other rights, WebClipio, Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
12.2 In such an event, you must destroy all copies of the SOFTWARE, all of its component parts and uninstall the SOFTWARE.
13. Warranties and Indemnifications
13.1 WebClipio, Inc. warrants that the media on which the SOFTWARE is furnished will be free from defects in materials and workmanship under normal use for a period set by the legislation of the country in which you purchased the SOFTWARE starting from the date of purchase or distribution.
13.2 In all other respects, the SOFTWARE is supplied as is. WebClipio, Inc. does not guarantee that the SOFTWARE will carry no errors, nor will it take on any liability for damages, either direct or indirect, including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss resulting from the use of the SOFTWARE, or damages caused by possible errors or misprints in the SOFTWARE.
13.3 WebClipio, Inc. does not warrant that the SOFTWARE will meet your requirements or that the SOFTWARE will function properly when used in conjunction with any other software or hardware.
13.4 Except as expressly provided herein, WebClipio, Inc. makes no other warranties, either expressed or implied, regarding the SOFTWARE, its merchantability, or its fitness for any particular purpose, and the entire risk as to the quality and performance of the SOFTWARE lies with you.
13.5 In any event, WebClipio, Inc.s sole obligation or liability under this EULA, regardless of the nature of the events that resulted in such an obligation or liability, shall not exceed the purchase price originally paid for the SOFTWARE.
14. Export Rules
14.1 If purchased in the United States, the SOFTWARE shall not be exported or re-exported in violation of any export provisions of the United States or any other applicable legislation.
15. Governing Law
15.1 This EULA shall be governed by and construed in accordance with the substantial laws in force in the courts of Santa Clara County, State of California, United States of America.
16.1 If you acquired the SOFTWARE via the Internet (including Not for Resale and/or Upgrade versions):
16.1.1 WebClipio, Inc. expressly disclaims any warranty or liability obligations to you of any kind, and the SOFTWARE, including any related documentation, is provided "as is" without warranty or condition of any kind, either express or implied, including, without limitation, the implied warranties and conditions of merchantability, fitness for any particular purpose, or non-infringement;
16.1.2 WebClipio, Inc. shall not provide you with any printed materials, including the Users Guide;
16.1.3 You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the SOFTWARE.
16.2 Remuneration, according to this EULA, is defined as the purchase price of the SOFTWARE required by WebClipio, Inc. or its distributors and must be paid on the conditions established by them.
16.3 This EULA comes into force when you accept all the conditions stated herein by choosing the I accept the terms of the license agreement declaration followed by the Next command on your computer screen, and is binding for the entire period of the SOFTWARE copyrights existence.
16.4 If you do not agree with the terms and conditions of the present license agreement, choose the I do not accept the terms of the license agreement declaration and proceed by selecting the Cancel command.
16.5 WebClipio, Inc. guarantees that all the personal information you provide when installing and registering the SOFTWARE will be stored and used strictly within the WebClipio, Inc.
16.6 WebClipio, Inc. guarantees that all the information you provide when activating the SOFTWARE will be stored and used strictly within the WebClipio, Inc.
17. Government Use
17.1 If use is made of the SOFTWARE by the United States Government or any US Government agency, the following additional terms shall apply: (1) Restricted Computer Software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227-14; and (2) any use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph ©(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.