EQATEC Profiler License Agreement
This license is for users who have obtained from EQATEC A/S, Copenhagen, Denmark (“EQATEC”) a valid registration code for EQATEC Profiler version 3.x (“EQATEC Profiler”) and/or obtained a copy of an EQATEC Profiler version 3.x distribution file, where x is 4 or above.
Your Agreement to this License
This License applies to EQATEC Profiler. You should carefully read the following terms and conditions before using, installing, copying, or distributing EQATEC Profiler. Your use, installation, copying, or distribution of EQATEC Profiler indicates your acceptance of this agreement.
You understand and agree that the terms and conditions of this License are the only terms and conditions applicable.
EQATEC Profiler includes functional usage tracking capability which allows EQATEC to collect general statistical information about EQATEC Profiler usage to improve the product. This information is collected on an anonymous basis. Please see http://www.eqatec.com/Analytics/Home.aspx for details.
The terms and conditions of this License describe the permitted use and user(s) of each EQATEC Profiler copy.
Scope of License
Subject to the terms of this License, EQATEC grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, royalty-free, license to install and use EQATEC Profiler as defined below:
Free – unregistered license
You have the right to install EQATEC Profiler on any number of computers and you alone may use the software for your personal and/or commercial use.
If your company has paid for an EQATEC Profiler "Standard Edition" license and received a valid Registration Code, you have the right to install EQATEC Profiler on any number of computers and one named employee may use the software for personal and/or commercial use.
If your company has paid for an EQATEC Profiler "Professional Edition" license and received a valid Registration Code, you have the right to install EQATEC Profiler on any number of computers and one named employee may use the software for personal and/or commercial use.
If your company has paid for an EQATEC Profiler "Corporate Edition" license and received a valid Registration Code, any employee within your company have the right to install EQATEC Profiler on any number of computers and any employee may use the software for personal and/or commercial use.
You can free of charge upgrade your version of EQATEC Profiler to any available minor version upgrade (such as from 3.0 to 3.2). Major version upgrades will be offered at a discount.
You may not give, transfer or sell copies of EQATEC Profiler to your customer(s), or any third party, in whole or in part, nor include copies of EQATEC Profiler, in whole or in part, in, or with, products you sell.
You may use, install and distribute EQATEC Profiler solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, EQATEC Profiler, in whole or in part, nor permit anyone else to do so. You may not make access to EQATEC Profiler available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so, unless you have obtained written consent from EQATEC. The license granted hereunder includes no rights in or to the source code version of EQATEC Profiler.
Warranty Disclaimers and Liability Limitations
THIS SOFTWARE IS PROVIDED BY EQATEC "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL EQATEC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EQATEC Profiler, including, without limitation, the information included in its accompanying distributable files, data and materials and any registration code files or information, and the know-how embodied in EQATEC Profiler, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by EQATEC, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of EQATEC and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any registration codes, or registration files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements.
You may not assign, sublicense, subcontract, or otherwise transfer any of your rights or obligations or delegate any of your duties under this License, in whole or in part, without the prior written consent of EQATEC.
This License shall be governed by the laws of the Kingdom of Denmark. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the Kingdom of Denmark, and you consent to such jurisdiction and venue.
Any waiver by EQATEC of any violation of this License by you shall not constitute, nor contribute to, a waiver by EQATEC of any other or future violation by you of the same provision, or any other provision, of this License.
Copyright© 2008-2011 EQATEC. All rights reserved.