License Agreement
License File
End User License Agreement
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE, THE USE OF WHICH IS LICENSED BY ServiceSoftware TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Author of this Software ("ServiceSoftware") for the Software Product "MDA Workbench", which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software Product"). The Software Product also includes any updates and supplements to original software provided to you.
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 any of the terms of this EULA, you are not permitted to use the Software Product in any way, and all copies of it must be deleted from your system(s).
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.
The Software Product is created for Commercial Use: Works based on the Software Product for general purpose and commercial distribution, or, use of the Software Product (either in whole or in part) whether payment, profit or financial gain is sought directly or indirectly, regardless of whether payment or gain is actually realized.
LICENSE: ServiceSoftware grants you a exclusive license to use the accompanying software program(s), (referred to as the "System" and the "Software" and the "Content" and the "Software Product") ) subject to the terms and restrictions set forth in this License Agreement. Except as explicitly set forth below, (i) you are not permitted to lease or rent (except under separate mutually agreeable terms set forth in writing and signed by both parties), distribute or sublicense use of the System or System Contents in a time-sharing arrangement or in any other unauthorized manner; (ii) no license is granted to you in the human readable code of the Software (source code) or System Contents; and (iii) this License Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the System.
The Software is licensed to be installed and used on any one personal computer. Installation on a server, access via Windows Terminal Services, access via Remote Desktop Connection, or any similar remote access configuration or software sharing technology is prohibited. Except as described above, the Software and supporting documentation may be copied only as essential in support of your use of the Software as permitted hereunder.
NO ASSIGNMENT; NO REVERSE ENGINEERING: You may not transfer the Software and this License Agreement to another party, even if the other party agrees in writing to accept the terms and conditions of this License Agreement. You may not transfer or assign the Software or your rights under this License Agreement.
Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited.
EXPORT RESTRICTIONS: You acknowledge that the Software Product is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, endues and destination restrictions issued by U.S. and other governments.
TRADE SECRETS; TITLE: You acknowledge and agree that the structure, sequence and organization of the Software are the valuable trade secrets of ServiceSoftware and its suppliers. You agree to hold such trade secrets in confidence. You further acknowledge and agree that ownership of, and title to, the Software and all subsequent copies thereof regardless of the form or media are held by ServiceSoftware and its suppliers. Any ideas, modifications and the like made by you and any comments provided by you with respect to the Software ("Software Improvements and Feedback") will be the property of ServiceSoftware. You agree to assign, and hereby assign, all right, title and interest worldwide in the Software Improvements and Feedback and the related intellectual property rights to ServiceSoftware and agree to assist ServiceSoftware, at ServiceSoftware's expense, in perfecting and enforcing such rights.
TERM AND TERMINATION: This License Agreement is effective until terminated. You may terminate it at any time by destroying the Software and documentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to comply with any term or condition of this License Agreement, or upon the general release to the public of the Software by ServiceSoftware. Upon such termination, you agree to destroy the Software and documentation, together with all copies and merged portions in any form. You agree that ServiceSoftware is under no obligation to release the Software to the public.
COPYRIGHT: All title and copyrights in and to the Software Product (including but not limited to any images, photographs, text, and "applets" incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by ServiceSoftware. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material.
GOVERNING LAW: This License Agreement shall be governed by the laws of the State of Maine as such laws are applied to agreements entered into and to be performed entirely within Maine between Maine residents and by the laws of the United States. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License Agreement.
NO WARRANTY: THE SOFTWARE AND ALL RELATED DOCUMENTATION MAY CONTAIN ERRORS, BUGS AND OTHER PROBLEMS WHICH COULD CAUSE SYSTEM FAILURE. THE TESTING AND QUALITY ASSURANCE OF THE SOFTWARE AND DOCUMENTATION HAVE NOT YET BEEN COMPLETED. BECAUSE THE SOFTWARE AND DOCUMENTATION ARE SUBJECT TO CHANGE, ServiceSoftware RESERVES THE RIGHT TO ALTER THE SOFTWARE AND DOCUMENTATION AT ANY TIME, AND ANY RELIANCE ON THE SOFTWARE AND DOCUMENTATION IS AT YOUR SOLE RISK. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS. ServiceSoftware MAKES NO WARRANTIES, TERMS, OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER. IN PARTICULAR, ANY AND ALL WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS ARE EXPRESSLY EXCLUDED. FURTHER, ServiceSoftware MAKES NO REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS THAT THE SOFTWARE AND DOCUMENTATION PROVIDED ARE FREE OF ERRORS OR VIRUSES OR THAT THE SOFTWARE AND DOCUMENTATION ARE SUITABLE FOR YOUR INTENDED USE.
LIMITATION OF LIABILITY: IN NO EVENT SHALL ServiceSoftware OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA OR DATA BEING RENDERED INACCURATE, LOSS OF PROFITS OR REVENUE, OR INTERRUPTION OF BUSINESS IN ANY WAY ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE AND/OR DOCUMENTATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF ServiceSoftware OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER: Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you. When the implied warranties are not allowed to be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This warranty gives you specific legal rights which may vary depending on local law.
SEVERABILITY: In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore. The headings used in this Agreement are for convenience only and shall not be considered part of the Agreement.
LANGUAGE OF AGREEMENT: You agree that this EULA will be drafted in the English language.
ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding and agreement between you and ServiceSoftware, supersedes all prior agreements, whether written or oral, with respect to the Software and subject matter hereof, and may be amended only in a writing signed by both parties.
ServiceSoftware
PO Box 349
Sanford, Maine 04073