EULA - End User License Agreement
END-USER LICENSE AGREEMENT
THE FOLLOWING LICENSE AGREEMENT APPLIES TO THE Patentstein BROWSER SOFTWARE, INCLUDING BUT NOT LIMITED TO THE PATENTSEARCHERS.NET AND THE PATENT.INFO RESOURCE
This End-User License Agreement (EULA) is a legal AGREEMENT between you (either as a registered individual user or as the registered user/representative and on behalf of a single entity, or with respect to the obligations and restrictions in this EULA only, as an unregistered user) and John Moetteli and/or Moetteli Associes SaRL (Moetteli) of Geneva, Switzerland, concerning the Software products identified above, which product 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, then DO NOT install or use the Software Product, the original purchaser may, if he does not agree to be bound by this EULA, return the software to the place of purchase within thirty days of the date of original 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.
GRANT OF LICENSE. This EULA grants you, the registered computer software user, the following rights:
Applications Software. The Software Product may be used only by you. You may install and use one copy of the Software Product, or any prior version thereof for the same operating system, on a single computer but only for use in the number of written language(s) for which you have acquired rights therefore and selected at time of first installation. In return for our license grant, you hereby irrevocably grant to Moetteli, and its affiliates, the non-exclusive, worldwide, fully-paid right to publicly disclose the fact that you are using the Software Product, including but not limited to the reproduction and distribution of the software 'screen shots' and/or 'box shots' from your applications, for Moetteli's advertising and other promotional purposes (privileged information will be masked).
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 distinct license for each user using the Software Product from the storage device. For instance, in calculating the license fee for a server version of the Software Product, Moetteli Associes may base its price on the number of persons accessing the server version or on a flat fee with semi-limited or unlimited access, as per the sales terms at the time of purchase. Any given license for the Software Product may not otherwise be shared or used concurrently or otherwise on different computers or by different users in a given organization.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Academic Edition Software. If the Software Product is identified as Academic Edition or Educational Copy or AE, you must be a Qualified Educational User to use the Software Product. If you are not a Qualified Educational User, you have no rights under this EULA. To determine whether you are a Qualified Educational User, please contact the Patentsearchers.Net Sales Information Center: c/o Moetteli Associes SaRL (email: email@example.com); case postale 486; CH-1211 Geneva 12; Switzerland.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not modify, 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 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.
Not for Resale Software. If the Software Product is labeled Not for Resale or NFR or Evaluation Copy, then, notwithstanding other sections of this EULA, you may not use the Software Product for commercial purposes nor sell, or otherwise transfer it for value. Commercial purposes include the use of the Software Product in the creation of publicly distributed computer software.
Rental. You may not rent, lease, or lend the Software Product to any party.
Software Transfer. You may permanently transfer all of your rights under this EULA, provided you (a) retain no copies, (b) 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 (c) the recipient agrees to abide by all of the terms of this EULA. If the Software Product is an upgrade, any transfer must include all prior versions of the Software Product and all of your rights therein, if any.
Support Services. Moetteli may provide you with support services related to the Software Product (Support Services). The provision and use of Support Services is governed by the Missiontrek Ltd. Co policies and programs described in the Software Product user manual and/or in online documentation. Any supplemental software code provided to you as part of the Support Services shall considered part of the Software Product and subject to the terms and conditions of this EULA. With respect to technical information you provide to Moetteli as part of the Support Services, Moetteli may use such information for its business purpose, including for product updates and development. Moetteli will use its best efforts to not utilize such technical information in a form that personally identifies you.
Termination. Without prejudice to any of Moetteli's other rights, Moetteli 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; to this end you grant to Moetteli the right to, with or without notice, monitor your Internet accessible activities for the purpose of verifying Software Product performance and/or your compliance with the terms hereof, including, but not limited to the remote monitoring and verification of your implementation, use and duplication of the Software Product.
UPGRADES. If the Software Product is labeled or otherwise identified by Moetteli as an upgrade, you must be properly licensed to use a product identified by Moetteli as being eligible for the upgrade in order to use the Software Product. A Software Product labeled or otherwise identified by Moetteli as an upgrade; replaces and/or supplements the product that formed the basis for your eligibility for such 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.
COPYRIGHT AND TRADEMARKS. All title, trademarks and copyrights in and pertaining to the Software Product (including but not limited to any images, photographs, animation, video, audio, music, text, and applets incorporated into the Software Product), the accompanying, printed materials and any copies of the Software Product are owned or licensed from third parties by Moetteli or its affiliated companies. The Software Product is protected by copyright and trademark laws and international treaty provisions. You must treat the Software Product like any other copyrighted work for archival purposes, and you may not copy the printed materials accompanying the Software Product.
You may not remove, modify or alter any Moetteli copyright or trademark notice from any part of the Software Product, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the Patentstein Setup Wizard dialogue or 'about' boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or dynamically or otherwise created by the Software Product.
You agree to grant Moetteli an irrevocable, exclusive, worldwide sublicensable license in any improvements, ideas, concepts, and other works, whether patentable, registerable as copyright or trademark, or otherwise protectable, which you submit, suggest, or disclose to Moetteli during any service call, in correspondence, orally in the presence of a Moetteli representative, whether or not such suggestion or submittal was solicited by Moetteli or its representative. You agree to waive any claim of misappropriation against Moetteli, its representatives or affiliates for any such suggestion or submission. Waiver of the rights of Moetteli under this paragraph may be requested by the user in advance of any such disclosure or suggestion and, if a written waiver is granted to the requestor, then the terms of this paragraph may be modified to the extent set forth in the written waiver.
If you receive this Software Product free of charge and are asked to test the software whether as an alpha, beta tester or otherwise, you agree to keep its functionality confidential unless otherwise released to disclose information to others by an authorized representative of Moetteli.
DUAL-MEDIA SOFTWARE. You may receive the Software Product in more than one medium. Regardless of the type or size of the medium you receive, you may use only that one medium that is appropriate for your single computer. You may not use or install the other medium or the same medium on another computer, except your own personal-use portable computer under the exclusive control of the registered user. 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.
If you acquired or use this Software Product in the United States, this EULA is governed by the laws of the State of Texas. If this Software Product was acquired and is used exclusively outside of the United States, then, in addition to US and Texas law, local law may also apply. Should you have any questions concerning this EULA, or if you desire to contact Moetteli for any reason, please contact the Moetteli distributor serving your country, or write: Moetteli Associes SaRL, Case postale 486; CH-1211 Geneva 12, Switzerland (email: firstname.lastname@example.org).
LIMITED WARRANTY. Moetteli Associes SaRL warrants that (a) the Software Product will, for a period of ninety (90) days from the date of your receipt, perform substantially in accordance with Mission trek's written materials accompanying it, and (b) any Support Services provided by Moetteli shall be substantially as described in applicable written materials provided to you by Moetteli, and (c) Moetteli's support engineers will make commercially reasonable efforts to solve any problem issues with the Software Product (proportional to the amount paid for the license). To the extent that implied warranties on the Software Product are disclaim able, they are disclaimed hereinbelow. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the Software Product, if any, are limited to ninety (90) days.
CUSTOMER REMEDIES. Moetteli's and its suppliers' entire liability and your exclusive remedy shall be, at Moetteli's option, either (a) return of the price paid by you for the Software Product (not to exceed the suggested retail price) if any, or (b) repair or replacement of the component(s) of the Software Product that do(es) not meet Moetteli's Limited Warranty and which is returned to Moetteli with a copy of your purchase receipt. This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, or misapplication. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside of the United States, neither of these remedies nor any product support services offered by Moetteli are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOETTELI AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOETTELI 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 OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MOETTELI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, MOETTELI'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR ONE UNITED STATES CENT (U.S. $0.01); PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT, MOETTELI'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.