» version 3.1 - posted on 2007-01-05
EULA - End User License Agreement
END-USER LICENSE AGREEMENT FOR MISSION EXPERT
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Kinetic Wisdom, Inc. for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, 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 PRODUCT; you may, however, return it to your place of purchase for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
This EULA grants you the following rights:
a. Software Product. Kinetic Wisdom grants to you a nonexclusive license to install and use the SOFTWARE PRODUCT on a single computer. You may also make one backup copy of the software for use in the event of failure of the original purchased media.
b. Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.
c. Consultant Edition. For licensees of the Consultant Edition, you are further licensed to copy, customize, and use the source presentation files included in the package for use ONLY with your Direct End Clients, defined as clients who are working directly with you and not through any third-party relationships. One license for the SOFTWARE PRODUCT must be purchased for each computer within your organization that will be used for running either the standard or customized version of the SOFTWARE PRODUCT. You may freely distribute copies of the standard, or a customized version of the Visioning Preparation Presentation to Direct End Clients although no other presentation components, standard or customized, may be distributed without being licensed directly from Kinetic Wisdom.
d. Electronic Documents. Solely with respect to electronic documents included with the SOFTWARE PRODUCT, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Not for Resale Software. If the SOFTWARE PRODUCT is labeled "Not for Resale" or "NFR," then, notwithstanding other sections of this EULA, you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
b. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
c. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
d. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
e. Support Services. Kinetic Wisdom may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Kinetic Wisdom policies and programs described in the user manual, in "online" documentation, and/or in other Kinetic Wisdom-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Kinetic Wisdom as part of the Support Services, Kinetic Wisdom may use such information for its business purposes, including for product support and development. Kinetic Wisdom will not utilize such technical information in a form that personally identifies you.
f. User Registration. You may be asked for customer registration information that may include your company name. This information may be used by Kinetic Wisdom for purposes of maintenance notification. Kinetic Wisdom may also reference your company name as a licensed user of the SOFTWARE PRODUCT on company websites and marketing materials.
g. Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (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 PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
h. Termination. Without prejudice to any other rights, Kinetic Wisdom 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 PRODUCT and all of its component parts.
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Kinetic Wisdom as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT 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 AND TRADEMARK RIGHTS.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Kinetic Wisdom or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT 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 PRODUCT.
5. DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
1. LIMITED WARRANTY.
Kinetic Wisdom warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any hardware accompanying the SOFTWARE PRODUCT will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT and hardware, if any, are limited to ninety (90) days and one year, respectively.
2. CUSTOMER REMEDIES.
Kinetic Wisdom's and its suppliers' entire liability and your exclusive remedy shall be, at Kinetic Wisdom's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT or hardware that does not meet Kinetic Wisdom's Limited Warranty and which is returned to Kinetic Wisdom with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, virus or misapplication. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KINETIC WISDOM AND ITS SUPPLIERS DISCLAIM ALL 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 PRODUCT, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KINETIC WISDOM OR ITS SUPPLIERS 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, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF KINETIC WISDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This EULA is governed by the laws of the State of Illinois and the United States of America. This EULA is the entire agreement relating to the SOFTWARE PRODUCT and the support services (if any) and supersedes all prior communications, proposals or representations.