Personal Computer World 2005 October/PCWOCT05.iso/Software/Full/ConceptDraw V PE/data1.cab/RootFiles_EN/License.txt

Text File | 2005-07-13 | 7.8 KB | 173 lines

COMPUTER SYSTEMS ODESSA Corp.

END USER LICENSE AGREEMENT
for the CONCEPTDRAW V Software

IMPORTANT-READ CAREFULLY:
BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF
THIS AGREEMENT.

This End-User License Agreement ("Agreement") is a legal agreement
between you (either an individual or a single entity) and Computer
Systems Odessa ("CSO") for the ConceptDraw V software which may include
associated software components, media, printed materials, and "online"
or electronic documentation ("Software"). By installing, copying, or
otherwise using the Software, you agree to be bound by the terms of
this Agreement. If you do not agree to the terms of this Agreement, do
not install or use the Software.

The Software is protected by copyright laws and international copyright
treaties, as well as by other intellectual property laws and treaties.
The Software is licensed, not sold.

1. GRANT OF LICENSE.

The Software is licensed as follows:

(a) Installation and Use.
CSO grants you the right to install and use the Software on 1 (one)
Macintosh computer or on 1 (one) Windows computer, but not both
concurrently (unless you have a multi-user license).

(b) Backup Copies.
You may also make copies of the Software as may be necessary for backup
and archival purposes.

(c) Multi-User License.
If this Software is labelled to allow more than one license, then your
license grants you the right to install the Software on storage
devices, such as a network server, and run the Software on an internal
network, provided the number of concurrent users does not exceed the
number of copies of the Software purchased. A copy of the Software must
be purchased for each of such users. If you have purchased a Multi-User
license for the Software product, you may concurrently use the number
of copies of the Software authorized by that purchase. You must obtain
a supplementary license from CSO before running the Software on
additional computers, machines, servers or networks.

(d) Trial and/or Demo Software.
If this Software is marked "Trial", then this license to use the
software under the conditions set herein is granted to you for 30
(thirty) days from the first time you run the Software. After the
period specified is over, this grant of license will have expired.
If this Software is marked "Demo", it can be used and distributed
without limitations.

(e) Not For Resale Software.
If this Software is marked "Not for Resale" or "NFR", your license only
permits use for demonstration, testing, or evaluation purposes.

(f) Academic or Educational License.
If this Software is marked "Academic" or "Educational", your license
only permits use for educational purposes in qualified institutions.

2. MAINTENANCE OF COPYRIGHT NOTICES.

All the native resources, restrictions and copyright notices shipped
with the original software must be included with all copies of the
Software. You must not remove or alter any copyright notices on any
copies of the Software.

3. TRANSFER.

You have a permanent right to transfer all your rights under this
Agreement to another party by passing all copies of the Software
licensed under this Agreement together with a copy of this Agreement
and the accompanying written materials, provided that the other party
reads and agrees to accept the terms and conditions of this Agreement.

4. UPGRADES.

Notwithstanding any other terms in this Agreement, if the Software is
licensed as an upgrade or update, then you may only use the Software to
replace the previous validly licensed versions of the same software.
You agree that the upgrade or update does not constitute the granting
of a second license to the Software (i.e., you may not use the upgrade
or update in addition to the software it is replacing, nor may you
transfer the software which is being replaced to a third party).

5. DISTRIBUTION.

You may not distribute copies of the Software to third parties.

6. PROHIBITION on Reverse Engineering, Decompilation, and Disassembly.

You may not reverse engineer, decompile, or disassemble the Software,
except and only to the extent that such activity is expressly permitted
by the applicable law notwithstanding this limitation.

7. RENTAL.

You may not rent, lease, or lend the Software.

8. SUPPORT SERVICES.

CSO may provide you with support services related to the Software
("Support Services"). The use of Support Services is governed by the
CSO policies and programs described in the user manual, in "on line"
documentation and/or other CSO-provided materials. Any supplementary
software code provided to you as part of the Support Services shall be
considered part of the Software and subject to the terms and conditions
of this Agreement. With respect to technical information you provide to
CSO as part of the Support Services, CSO may use such information for
its business purposes, including product support and development. CSO
will not utilize such technical information in a form that identifies
you personally.

9. COMPLIANCE WITH APPLICABLE LAWS.

You must comply with all applicable laws regarding use of the Software.

10. TERM AND TERMINATION OF THE AGREEMENT.

This Agreement takes effect on the day when the Software is installed
or used for the first time, and remains valid until terminated. You may
voluntarily terminate this Agreement at any time by destroying the
original copy of the Software and any archival copies which you may
have made, provided that you notify CSO in writing that you have done
so. CSO may terminate this License without notice upon your failure to
abide by this Agreement.

11. LIMITED WARRANTY.

CSO warrants to you that the Software will perform substantially in
accordance with the Documentation for the 30 (thirty) days' period
after the date when the Software was delivered  to you (as evidenced by
a copy of your receipt). If the Software fails to meet the
specifications of the warranty set forth above, CSO liability and your
exclusive remedy will be replacement of the CD or a reasonable effort
to make the product meet the above warranty specification. This limited
warranty applies only if you return all the copies of the Software
along with a copy of your paid invoice to the location where you
purchased it within 30 (thirty) days after the purchase. Any Software
provided to you for replacement will be further guaranteed for 30
(thirty) days from date of receipt.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, CSO MAKES AND YOU
RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR IN
ANY COMMUNICATION WITH YOU, AND SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE. CSO does not warrant that the operation of the
program will be uninterrupted or error free.

12. LIMITATION OF LIABILITY.

NEITHER CSO NOR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION OR
DELIVERY OF THIS PRODUCT SHALL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL OR INTENTIONAL DAMAGES, INCLUDING ANY LOSS OF USE,
LOST PROFITS, INTERRUPTION OF BUSINESS OR LOST SAVINGS,  ARISING OUT OF
USE OF OR IN CONNECTION WITH THE SOFTWARE, EVEN IF A CSO REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
BY ANY THIRD PARTY.

The express terms of this Agreement constitute the entire Agreement
between you and CSO, and apply to you if this license was purchased for
your own use. If this license was purchased for corporate use, the
terms of this Agreement apply to you, your company and the employees of
the company.


Copyright by Computer Systems Odessa Corporation.

ConceptDraw is a trademark of Computer Systems Odessa Corp., which may
be registered in some countries.