END-USER LICENSE AGREEMENT FOR CURRENTWARE PRODUCTS
IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (the End User “licensee” being either an individual, a single entity, organization or corporation) and CurrentWare (a division of Codework Inc) for CurrentWare software product s, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“Product”). An amendment or addendum to this EULA may accompany the Product.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, OR USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT;
COPYRIGHTS and OWNERSHIP:
The Product is protected by copyright and other intellectual property laws and treaties. CurrentWare (a division of Codework Inc, hereafter in this document referred to as CurrentWare) owns the title, copyright, and other intellectual property rights in the Product. Nothing in this License assigns or transfers any copyrights or intellectual property to the Licensee. The Product is licensed, not sold.
GRANT OF LICENSE. CurrentWare grants the” Licensee” the following rights provided you comply with all terms and conditions of this EULA.
A “Certificate of License” in the form of a confirmation e-mail will be sent to the Licensee and will identify the Software licensed to Licensee under this License and the type of license(s) and the number of servers and client PC’s on which the license may be used.
End User may install the client portion of the Software on only the number of nodes specified in the Certificate of License. Licensee must purchase a sufficient number of nodes under the terms of this Node License to cover all nodes consumed by the product for the applicable managed computer type. The number and type of Node Licenses purchased will be specified on the Certificate of License. Additional nodes may be purchased at CurrentWare’s then-current fees. Under a Node License, each managing and managed computer is a Licensed Computer.
Definitions and Restrictions.
1. RESERVATION OF RIGHTS. CurrentWare reserves all rights not expressly granted to “Licensee” in this EULA.
2. UPGRADES. To use a Product identified as an upgrade, you must first be licensed for the product identified by CurrentWare as eligible for the upgrade. After upgrading, you may no longer use the product that formed the basis for your upgrade eligibility. When you install the Product, the Product replaces the component being upgraded, and you may use the Product in accordance with the terms of this EULA.
3. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original Product provided by CurrentWare, unless we provide other terms along with the update or supplement to this EULA.
4a.TRANSFER-Internal only. Licensee may move the Software to a different machine, with in your organization. You may not transfer or re-sell the product to any other parties.
4b.COPYING – . Licensee may make copies of the Software provided that any such copy: (i) is created as an essential step in the utilization of the Software on a Licensed Computer and is used in no other manner and on no computer which is not a Licensed Computer for that Software, or (ii) is only for archival purposes to back-up a Licensed Computer. (iii) Back-up copy for disaster recovery. Licensee may not make any other copies of the Software.
5. Licensee may not rent, lease, share, sublicense, distribute, transfer, translate, timeshare, modify, or reprogram the software. The Licensee may NOT make the software available to others on the internet, or allow others to copy, access or use the software.
6. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
7. TERMINATION. Without prejudice to any other rights, CurrentWare may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts.
8. CONSENT TO USE OF DATA. Licensee agrees that CurrentWare and its affiliates may collect and use technical information you provide as a part of support services related to the Product. CurrentWare agrees not to use this information in a form that personally identifies you.
9a.EVALUATION LICENSE – An Evaluation License is a “limited time,” “limited user” license that provides the Licensee an opportunity to try the Software before buying a full license. A temporary Certificate of License and temporary activation key will be issued to Licensee for this license. The temporary Certificate of License will specify the number of Licensed Computers, the number of users, and the evaluation period. The Software may only be used on the specified number of Licensed Computers. The Software may only be used for evaluation purposes. The Software is licensed to Licensee only for the specified evaluation period, which will begin on the date that the Software is first downloaded by or delivered to Licensee. At the end of the evaluation period, Licensee must erase all copies of the Software unless a license is purchased as provided above.
9b.NOT FOR RESALE SOFTWARE. Product identified as “Not for Resale” or “NFR,” may not be resold, transferred or used for any purpose other than demonstration, test or evaluation.
10. DISCLAIMER OF WARRANTIES. The Limited Warranty is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, CurrentWare and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services.
ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
THIS SOFTWARE IS NOT INTENDED OR LICENSED FOR USE IN ANY HAZARDOUS OR HIGH RISK ACTIVITY
11. LIMITATION OF LIABILITY – EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CurrentWare OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CurrentWare OR ANY SUPPLIER, AND EVEN IF CurrentWare OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. GOVERNING LAW This License shall be governed by the laws of the Province of ONTARIO, CANADA without giving effect to conflict or choice of law principles. The parties agree to exclude application of the “United Nations Convention on Contracts for the International Sale of Goods” to this License. The parties agree that any litigation between the parties shall be conducted exclusively in the courts of Ontario, Canada.
IN ADDITION TO THE ABOVE EULA, THIS SUPPLEMENT APPLIES TO END USERS PURCHASING THE CATEGORY FILTERING MODULE (hereafter known as CFM):
1) End user understands that the Category Filtering Module (CFM) is subscription based and has to be renewed annually.
2) The category filtering platform is supplied by a ‘3rd party’
3) End User understands that when the CFM is used, certain ’data’ is collected by the ‘3rd party’, including the IP address of End User, the URL of the Internet webpage the End User has sent for categorization, the web portal through which an End User has searched for a specific web page, and other information regarding the access and use of the Software by such End User . The ‘3rd party’ does not intentionally collect information that personally identifies End Users. For example, if ‘3rd party’ stores any IP address of an End User, it will first modify such IP address so that it does not identify the End User personally. Data will be collected for internal purposes and NOT sold to “other parties” . By using the CFM module, end user acknowledges and understands that ‘data’ is being collected, and is giving consent for the collection of ‘data’
4) Except as set forth expressly herein, End-User shall not, and shall not permit any third party to, disassemble, reverse engineer, attempt to find the underlying code of, or decompile the Software or any part thereof, or cause the Software to be subject to the terms of any open source software license. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, End-User shall inform CurrentWare in writing in each instance prior to engaging in the activities set forth above.
5) End-User shall not have any ownership interest, license or other rights in the Software or any intellectual property rights therein, whether by license, implication, estoppel or otherwise.
6) THE SOFTWARE AND ALL FUNCTIONALITY PROVIDED BY THE SOFTWARE IS PROVIDED “AS-IS”. THE LICENSOR OF THE SOFTWARE EXPRESSLY DISCLAIMS ANY WARRANTIES (INCLUDING WITH REGARD TO THE PERFORMANCE OF THE SOFTWARE) AND WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THE SOFTWARE. THE LICENSOR OF THE SOFTWARE MAKES NO WARRANTY THAT THE CATEGORIZATION METHODS OF THE SOFTWARE SHALL BE CORRECT OR ACCURATE IN ALL SITUATIONS OR INSTANCES. END USERS MAY NOT AGREE WITH THE SOFTWARE’S CATEGORIZATION OF ANY INTERNET SITE. THE LICENSOR OF THE SOFTWARE SHALL NOT HAVE ANY LIABILITY IN RESPECT OF CLAIMS THAT ANY SPECIFIC INTERNET SITE SHOULD BE CATEGORIZED DIFFERENTLY THAN THE CATEGORIZATION APPLIED BY THE SOFTWARE. MOREOVER, THE CATEGORIZATION OF ANY INTERNET WEBSITE IN ONE CATEGORY AND THE LATER CATEGORIZATION OF THE SAME WEBSITE IN A DIFFERENT CATEGORY SHALL IN NO EVENT BE DEEMED EVIDENCE THAT THE INITIAL CATEGORIZATION OF A WEBSITE WAS INCORRECT, AND SHALL IN NO EVENT ACT TO IMPOSE ANY LIABILITY ON LICENSOR.
CurrentWare (a division of Codework Inc)