Artemis Software™ Electronic End User License Agreement for One Computer
NOTICE TO USER:
THIS IS A CONTRACT. BY USING THIS SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. The following contract sets forth Artemis Software (“Artemis”) standard End User License Agreement for this product. If Artemis has granted you or your employer a written license with terms broader than those set forth below, this license does not apply to you, and you may disregard the following text. If you or your employer have not been granted such a license from Artemis, you must read this Agreement carefully before utilizing this product. If you do not agree with the terms and conditions of this Agreement, decline where instructed, and destroy all copies of the Software in your possession, along with all Documentation provided to you.
You have been provided with this software (“Software”) and related documentation (“Documentation”). The term “Software” shall also include any upgrades, modified versions and copies of the Software licensed to you by Artemis. Artemis grants to you a non-exclusive license to use the Software and Documentation, provided that you agree to the following:
1. Use of the Software. You may install and use the Software without charge for a period of thirty (30) days. If you elect to continue to use the Software after thirty (30) days, you must register the software and send the designated license fee to Artemis Software at P.O. Box 11488, Bainbridge Island, WA 98110-5488 for each copy you use. You may install and use each copy of the Software for which you pay the license fee on a single computer. If the Software is permanently installed, i.e. on a hard disk or other storage device of a computer, and you are the primary user of that computer, then you may also install and use the Software on a portable or a home computer. However, the Software may never be used by more than one person at the same time.
2. Copyright. The Software is owned by Artemis and its suppliers, and its structure, organization, and code are the valuable trade secrets of Artemis and its suppliers. The Software is also protected by the United States Copyright Law and International Treaty provisions. Therefore you must treat the Software just as you would any other copyrighted material such as a book. In other words you may not copy the Software or the Documentation for your own use unless you pay the per copy license fee, except you may make one backup copy of the Software. You may provide copies to third parties for evaluation under this license, provided such copies are unregistered and unmodified, and accompanied by the complete contents of the distribution package, including but not limited to all documentation and this license agreement. Also, you must make sure that any copies that you are permitted to make pursuant to this Agreement contain the same copyright and other proprietary notices which appear on or in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Except as stated above, this Agreement does not grant you any rights to intellectual property rights in the Software.
3. Transfer. You may not rent, lease or sublicense the Software or Documentation. You may, however, provide copies to third parties for evaluation under this License as described under Paragraph 2 (Copyright).
4. Warranty Disclaimer. YOU ARE RECEIVING THE SOFTWARE AND THE DOCUMENTATION ON AN “AS IS” BASIS. ARTEMIS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. ARTEMIS MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ARTEMIS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ARTEMIS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you. Also some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction.
5. Governing Law and General Provisions. This Agreement will be governed by the laws in force in the State of California excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement may only be modified in writing signed by an authorized officer of Artemis.
Notice to Government End Users: If this product is acquired under the terms of a: GSA contract: Use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract. DoD contract: Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013. Civilian agency contract: Use, reproduction, or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in the accompanying end user agreement. Unpublished-rights reserved under the copyright laws of the United States. Artemis Software, P.O. Box 11488, Bainbridge Island, WA 98110-5488.
Artemis Software is a trademark of Artemis Software which may be registered in certain jurisdictions.
