Avensoft nService Software License Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER (EITHER
AN INDIVIDUAL OR AN ENTITY), AND AVENSOFT, INC. CAREFULLY READ ALL THE TERMS
AND CONDITIONS OF THIS AGREEMENT PRIOR TO DOWNLOADING, INSTALLING AND/OR USING
AVENSOFT’S SOFTWARE. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, USER
AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. IF USER DOES NOT AGREE TO THE
TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
1. LICENSE. Subject to the terms and conditions of this
Agreement, Avensoft grants to You a non-exclusive, non-transferable license
(the “License”) to use the version of nService software (the “Software”) accompanying
this Agreement. You may not share or transfer any license key for the Software.
2. SOFTWRAE MODIFICATION. You may alter, modify, or extend
the web pages, i.e. the .aspx files, except the copyright page. You agree not
to alter or remove the "Powered by nService" link or the copyright
page. You may alter, modify, or extend the database schema. You agree not to
disassemble, decompile or otherwise reverse engineer the Software in order to
discover the source code or related proprietary information and trade secrets,
or have a third party do so, except to the extent expressly permitted by
applicable law notwithstanding this limitation.
3. INTELLECTUAL PROPERTY. All title, ownership rights, and
intellectual property rights in and to the Software shall remain in Avensoft
and/or its suppliers. The Software is protected by copyright law. All copies of
the Software, including any backup and archival copies, must bear the copyright
and any other proprietary rights legend placed on the original by Avensoft. THE
SOFTWARE IS LICENSED, NOT SOLD.
4. WARRANTY. AVENSOFT MAKES NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE
ACCESSIBLE BY THE SOFTWARE FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED "AS
IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR
5. LIABILITY. AVENSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES
UNDER THIS AGREEMENT, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
SPECIAL OR INDIRECT DAMAGES OF ANY SORT, WHETHER ARISING IN TORT, CONTRACT OR
OTHERWISE (INCLUDING ANY LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR
PERSONAL INJURY), EVEN IF AVENSOFT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES, INCLUDING ANY CLAIM BY ANY OTHER PARTY.
6. HIGH RISK ACTIVITIES. The Software is not fault-tolerant
and is not designed, manufactured or intended for use or resale as on-line
control equipment in hazardous environments requiring fail-safe performance,
such as in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct lift support machines, or
weapons systems, in which the failure of the Software could lead directly to
death, personal injury, or severe physical or environmental damage (“High Risk
Activities”). Avensoft specifically disclaims any express or implied warranty
of fitness for High Risk Activities.
7. TERMINATION. You may terminate this License (but not this
License Agreement) at any time by destroying or erasing all copies of the
Software received or made by you and so advising Avensoft. This License shall
also terminate automatically in the event that You breach this Agreement. Upon
termination of this License for any reason, You agree to destroy or erase all
copies of the Software received or made by you. In the event of termination,
this Agreement will survive. This License is personal to You and You agree not
to attempt to assign Your License or this Agreement without Avensoft's prior
written consent. Any attempted assignment shall be null and void.
8. MISCELLANEOUS. This Agreement shall be governed by and
construed in accordance with the laws of the State of California, USA, without regard
to its choice of law provisions. The United Nations Convention on
Contracts for the International Sale of Goods, or any successor thereto, shall
not apply to this Agreement. This Agreement sets forth the entire agreement
between You and Avensoft. This Agreement may be amended only in a writing
signed by both parties. No vendor, distributor, dealer, retailer, sales person
or other person is authorized to modify this Agreement or to make any warranty,
representation or promise which is different than, or in addition to, the
representations or promises of this Agreement.
Copyright (c) 2014 Avensoft, Inc. All rights reserved.