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Unread 04-29-2008, 02:06 PM   #1
Turbe
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Post ControlCAL v1.4 - v1.45 End User License Agreement (EULA)

CONTROLCAL.COM CONTROLCAL v1.4 - v1.45 END-USER LICENSE AGREEMENT (EULA)

IMPORTANT - PLEASE READ CAREFULLY

This End-User License Agreement is a legal agreement between you (either an individual or a single entity) and CONTROLCAL.COM for the CONTROLCAL v1.4 - v1.45 software product identified above, which includes computer software and associated media and printed materials, and may include online or electronic documentation. BY INSTALLING, COPYING OR OTHERWISE USING THE CONTROLCAL v1.4 - v1.45 SOFTWARE, 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, COPY OR USE THE CONTROLCAL v1.4 - v1.45 SOFTWARE.

By installing, copying, or otherwise using CONTROLCAL v1.4 - v1.45, you agree to be bound by the terms of this agreement.

1. CONTROLCAL.COM CONTROLCAL v1.4 - v1.45 PRODUCT LICENSE

Grant of License. Subject to the conditions and limitations set forth below, CONTROLCAL.COM hereby grants you a limited, non-exclusive, nontransferable license to use one (1) copy of the CONTROLCAL v1.4 - v1.45 software (without access to the CONTROLCAL v1.4 - v1.45 software by others in a networked environment), in binary form, for Personal Use Only on equipment you personally own unless you have been Licensed by ControlCAL.com to use a Professional Plus Activation Key which grants you a limited, non-exclusive, nontransferable license to use one (1) copy of the CONTROLCAL v1.4 - v1.45 software (without access to the CONTROLCAL v1.4 - v1.45 software by others in a networked environment), in binary form, on equipment you personally own or owned by others. All rights not expressly granted herein are reserved by CONTROLCAL.COM and the CONTROLCAL v1.4 - v1.45 Software Developers.

CONTROLCAL.COM CONTROLCAL v1.4 - v1.45 is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1.1. COPYRIGHT

CONTROLCAL.COM is the sole developer and owner of CONTROLCAL v1.4 - v1.45. You, as user of CONTROLCAL v1.4 - v1.45, acknowledge and agree that CONTROLCAL v1.4 - v1.45 is a proprietary product of CONTROLCAL.COM under the United States of America copyright laws and prevailing copyright laws throughout the world. You further acknowledge and agree that all right, title, and interest in and to CONTROLCAL v1.4 - v1.45, including associated intellectual property rights, are and shall remain with CONTROLCAL.COM, and you agree not to contest CONTROLCAL.COM's ownership or the validity of CONTROLCAL.COM's rights.

This License Agreement does not convey to you an interest in or to CONTROLCAL v1.4 - v1.45, but only a limited right to use the work, which is revocable in accordance with the terms of this License Agreement.

You assume responsibility for the selection of this program to achieve your intended results, and for its installation and subsequent use.

1.2 SOFTWARE DEFECT REPORTING

If you find software defects in CONTROLCAL v1.4 - v1.45, you should report them by Contacting CONTROLCAL.COM. CONTROLCAL.COM will evaluate them and, at its sole discretion, may address them in a future revision of CONTROLCAL v1.4 - v1.45.

1.3. UPDATES

The CONTROLCAL v1.4 - v1.45 updates (including, but not limited to : bug fixes, upgrades, hot fixes, enhancements, modifications, new releases) are provided in the sole discretion of CONTROLCAL.COM.

If CONTROLCAL.COM does provide you with any updates, such updates shall be subject to the terms and conditions of this Agreement (including the License) or such agreement, if any, which accompanies such updates.

2. LICENSE LIMITATIONS. YOU WILL NOT:

a. Sell, rent, lease, distribute, sublicense, assign, or otherwise transfer (including by loan or gift) CONTROLCAL v1.4 - v1.45, or any full or partial copies thereof;

b. Remove any copyright notice or licensing information contained in CONTROLCAL v1.4 - v1.45; or

c. Decompile, disassemble or otherwise reverse engineer the CONTROLCAL v1.4 - v1.45, save to the extent that such acts cannot be prohibited under applicable law; or

d. Post or share any codes or commands sent or received via Serial or TCP/IP communications to or from any Display or Device by the CONTROLCAL v1.4 - v1.45 (or its Display Profiles) and/or transfer, replicate or duplicate any of these codes or commands to any other product or third party for personal or commercial use; or

e. Modify CONTROLCAL v1.4 - v1.45 in any way.

3. RIGHTS OF CONTROLCAL.COM

You acknowledge and agree that CONTROLCAL v1.4 - v1.45 contains proprietary material of CONTROLCAL.COM protected under United States of America and International copyright, trademark, and trade secret laws and conventions. All right, title, and interest in CONTROLCAL v1.4 - v1.45 are, and shall remain, with CONTROLCAL.COM.

This Agreement does not convey to you any title or interest in and to CONTROLCAL v1.4 - v1.45 only the limited right of use which may be terminated as provided for herein. This Agreement does not convey to you any title or interest in and to CONTROLCAL.COM

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED 'AS IS.' CONTROLCAL.COM, CONTROLCAL v1.4 - v1.45 DEVELOPERS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THIS SOFTWARE OR SUCH FILES. CONTROLCAL.COM, CONTROLCAL v1.4 - v1.45 DEVELOPERS AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The entire risk as to the quality and performance of CONTROLCAL v1.4 - v1.45 is with you.

Should CONTROLCAL v1.4 - v1.45 prove defective, you (and not CONTROLCAL.COM or any authorized dealers of CONTROLCAL.COM products) assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The foregoing does not affect or prejudice your statutory rights.

Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it.

Since the use of CONTROLCAL v1.4 - v1.45 may void the warranty on the equipment it's used on, you agree to use CONTROLCAL v1.4 - v1.45 AT YOUR OWN RISK!

5. LIMITATION OF LIABILITY

IN NO EVENT WILL CONTROLCAL.COM or the CONTROLCAL v1.4 - v1.45 DEVELOPERS BE LIABLE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, CLAIMS OR ACTIONS, ARISING OUT OF THE USE OR INABILITY TO USE CONTROLCAL v1.4 - v1.45, EVEN IF CONTROLCAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR ACTIONS. FURTHER, IN NO EVENT WILL CONTROLCAL.COM BE LIABLE FOR ANY CLAIMS BY ANY OTHER PARTY ARISING OUT OF YOUR USE OF CONTROLCAL v1.4 - v1.45.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer.

6. INDEMNIFICATION

You agree to indemnify, defend, and hold CONTROLCAL.COM and the CONTROLCAL v1.4 - v1.45 Developers harmless from and against any claims or lawsuits, including costs and attorneys fees, that arise or result from the use of CONTROLCAL v1.4 - v1.45, provided CONTROLCAL.COM gives you prompt written notice of any such claim, tenders to you the defense or settlement of such a claim at your expense and cooperates with you at your expense in defending or settling such claim.

7. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of Washington. Any legal proceedings arising under this Agreement shall be instituted only in the courts of United States of America.

The parties opt out of the United Nations Convention on the Sale of Goods and choose the laws of the United States of America to apply to the Agreement and performance hereunder.

8. SEVERABILITY

Should any term of this Agreement be declared invalid, illegal, void, or not enforceable by any court of competent jurisdiction, such provision shall be severed from this Agreement, and the remaining terms shall remain in full force and effect.

9. WAIVER

The waiver or failure of either party to exercise or enforce in any respect any of its rights provided for in this Agreement or take action against the other party in the event of a breach of this Agreement shall not be deemed a waiver of any further right under this Agreement by such party or the right to subsequent enforcement of its rights or actions in the event of subsequent or the same breaches by the other party.

Should you have any questions concerning this Agreement, you may Contact CONTROLCAL.COM:

10. TRADEMARKS

The names of companies and products mentioned on the Site or in the Materials may be the trademarks of their respective owners.

11. COMPLETE AGREEMENT

BY USING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CONTROLCAL.COM REGARDING THE SUBJECT MATTER HEREOF AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND CONTROLCAL.COM RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

12. OPTIONAL SUPPORT SERVICES

At your option and expense, and under a separate agreement, CONTROLCAL.COM may provide you with support services related to your use of CONTROLCAL v1.4 - v1.45.

Any supplemental software code provided to you as part of the support services shall be considered part of CONTROLCAL v1.4 - v1.45 and subject to the terms and conditions of this License Agreement.

13. PRIVACY POLICY

Please consult CONTROLCAL.COM Privacy Policy at http://www.controlcal.com/forum/showthread.php?t=16

Last edited by Turbe; 07-01-2009 at 03:07 PM.
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Unread 05-26-2011, 02:13 PM   #2
Turbe
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Default ControlCAL v1.50 End User License Agreement (EULA)

CONTROLCAL.COM CONTROLCAL v1.50 END-USER LICENSE AGREEMENT (EULA)

IMPORTANT - PLEASE READ CAREFULLY

This End-User License Agreement is a legal agreement between you (either an individual or a single entity) and CONTROLCAL.COM for the CONTROLCAL v1.50 software product identified above, which includes computer software and associated media and printed materials, and may include online or electronic documentation. BY INSTALLING, COPYING OR OTHERWISE USING THE CONTROLCAL v1.50 SOFTWARE, 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, COPY OR USE THE CONTROLCAL v1.50 SOFTWARE.

By installing, copying, or otherwise using CONTROLCAL v1.50, you agree to be bound by the terms of this agreement.

1. CONTROLCAL.COM CONTROLCAL v1.50 PRODUCT LICENSE

Grant of License. Subject to the conditions and limitations set forth below, CONTROLCAL.COM hereby grants you a limited, non-exclusive, nontransferable license to use one (1) copy of the CONTROLCAL v1.50 software (without access to the CONTROLCAL v1.50 software by others in a networked environment), in binary form, for Personal Use Only on equipment you personally own unless you have been Licensed by ControlCAL.com to use a Professional Plus Activation Key which grants you a limited, non-exclusive, nontransferable license to use one (1) copy of the CONTROLCAL v1.50 software (without access to the CONTROLCAL v1.50 software by others in a networked environment), in binary form, on equipment you personally own or owned by others. All rights not expressly granted herein are reserved by CONTROLCAL.COM and the CONTROLCAL v1.50 Software Developers.

CONTROLCAL.COM CONTROLCAL v1.50 is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1.1. COPYRIGHT

CONTROLCAL.COM is the sole developer and owner of CONTROLCAL v1.50. You, as user of CONTROLCAL v1.50, acknowledge and agree that CONTROLCAL v1.50 is a proprietary product of CONTROLCAL.COM under the United States of America copyright laws and prevailing copyright laws throughout the world. You further acknowledge and agree that all right, title, and interest in and to CONTROLCAL v1.50, including associated intellectual property rights, are and shall remain with CONTROLCAL.COM, and you agree not to contest CONTROLCAL.COM's ownership or the validity of CONTROLCAL.COM's rights.

This License Agreement does not convey to you an interest in or to CONTROLCAL v1.50, but only a limited right to use the work, which is revocable in accordance with the terms of this License Agreement.

You assume responsibility for the selection of this program to achieve your intended results, and for its installation and subsequent use.

1.2 SOFTWARE DEFECT REPORTING

If you find software defects in CONTROLCAL v1.50, you should report them by Contacting CONTROLCAL.COM. CONTROLCAL.COM will evaluate them and, at its sole discretion, may address them in a future revision of CONTROLCAL v1.50.

1.3. UPDATES

The CONTROLCAL v1.50 updates (including, but not limited to : bug fixes, upgrades, hot fixes, enhancements, modifications, new releases) are provided in the sole discretion of CONTROLCAL.COM.

If CONTROLCAL.COM does provide you with any updates, such updates shall be subject to the terms and conditions of this Agreement (including the License) or such agreement, if any, which accompanies such updates.

2. LICENSE LIMITATIONS. YOU WILL NOT:

a. Sell, rent, lease, distribute, sublicense, assign, or otherwise transfer (including by loan or gift) CONTROLCAL v1.50, or any full or partial copies thereof;

b. Remove any copyright notice or licensing information contained in CONTROLCAL v1.50; or

c. Decompile, disassemble or otherwise reverse engineer the CONTROLCAL v1.50, save to the extent that such acts cannot be prohibited under applicable law; or

d. Post or share any codes or commands sent or received via Serial or TCP/IP communications to or from any Display or Device by the CONTROLCAL v1.50 (or its Display Profiles) and/or transfer, replicate or duplicate any of these codes or commands to any other product or third party for personal or commercial use; or

e. Modify CONTROLCAL v1.50 in any way.

3. RIGHTS OF CONTROLCAL.COM

You acknowledge and agree that CONTROLCAL v1.50 contains proprietary material of CONTROLCAL.COM protected under United States of America and International copyright, trademark, and trade secret laws and conventions. All right, title, and interest in CONTROLCAL v1.50 are, and shall remain, with CONTROLCAL.COM.

This Agreement does not convey to you any title or interest in and to CONTROLCAL v1.50 only the limited right of use which may be terminated as provided for herein. This Agreement does not convey to you any title or interest in and to CONTROLCAL.COM

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED 'AS IS.' CONTROLCAL.COM, CONTROLCAL v1.50 DEVELOPERS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THIS SOFTWARE OR SUCH FILES. CONTROLCAL.COM, CONTROLCAL v1.50 DEVELOPERS AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The entire risk as to the quality and performance of CONTROLCAL v1.50 is with you.

Should CONTROLCAL v1.50 prove defective, you (and not CONTROLCAL.COM or any authorized dealers of CONTROLCAL.COM products) assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The foregoing does not affect or prejudice your statutory rights.

Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it.

Since the use of CONTROLCAL v1.50 may void the warranty on the equipment it's used on, you agree to use CONTROLCAL v1.50 AT YOUR OWN RISK!

5. LIMITATION OF LIABILITY

IN NO EVENT WILL CONTROLCAL.COM or the CONTROLCAL v1.50 DEVELOPERS BE LIABLE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, CLAIMS OR ACTIONS, ARISING OUT OF THE USE OR INABILITY TO USE CONTROLCAL v1.50, EVEN IF CONTROLCAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR ACTIONS. FURTHER, IN NO EVENT WILL CONTROLCAL.COM BE LIABLE FOR ANY CLAIMS BY ANY OTHER PARTY ARISING OUT OF YOUR USE OF CONTROLCAL v1.50.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer.

6. INDEMNIFICATION

You agree to indemnify, defend, and hold CONTROLCAL.COM and the CONTROLCAL v1.50 Developers harmless from and against any claims or lawsuits, including costs and attorneys fees, that arise or result from the use of CONTROLCAL v1.50, provided CONTROLCAL.COM gives you prompt written notice of any such claim, tenders to you the defense or settlement of such a claim at your expense and cooperates with you at your expense in defending or settling such claim.
7. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of Washington. Any legal proceedings arising under this Agreement shall be instituted only in the courts of United States of America.

The parties opt out of the United Nations Convention on the Sale of Goods and choose the laws of the United States of America to apply to the Agreement and performance hereunder.

8. SEVERABILITY

Should any term of this Agreement be declared invalid, illegal, void, or not enforceable by any court of competent jurisdiction, such provision shall be severed from this Agreement, and the remaining terms shall remain in full force and effect.

9. WAIVER

The waiver or failure of either party to exercise or enforce in any respect any of its rights provided for in this Agreement or take action against the other party in the event of a breach of this Agreement shall not be deemed a waiver of any further right under this Agreement by such party or the right to subsequent enforcement of its rights or actions in the event of subsequent or the same breaches by the other party.

Should you have any questions concerning this Agreement, you may Contact CONTROLCAL.COM.


10. TRADEMARKS

The names of companies and products mentioned on the Site or in the Materials may be the trademarks of their respective owners.

11. COMPLETE AGREEMENT

BY USING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CONTROLCAL.COM REGARDING THE SUBJECT MATTER HEREOF AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND CONTROLCAL.COM RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

12. OPTIONAL SUPPORT SERVICES

At your option and expense, and under a separate agreement, CONTROLCAL.COM may provide you with support services related to your use of CONTROLCAL v1.50.

Any supplemental software code provided to you as part of the support services shall be considered part of CONTROLCAL v1.50 and subject to the terms and conditions of this License Agreement.

13. PRIVACY POLICY

Please consult CONTROLCAL.COM Privacy Policy at http://www.controlcal.com/forum/showthread.php?t=16
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