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2003-07-31
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END-USER LICENSE AGREEMENT FOR DIGITOPE SOFTWARE
IMPORTANT-READ CAREFULLY: This Digitope End-User License Agreement ("EULA") is a legal agreement
between you (either an individual or a single entity) and Eric LeVin II for the Digitope software product identified
above, 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 the original SOFTWARE PRODUCT provided to you by Digitope. Any software provided along with
the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under
the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the
SOFTWARE PRODUCT, 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 or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a
full refund.
SOFTWARE PRODUCT LICENSE
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.
1. GRANT OF LICENSE. This EULA grants you the following rights:
* Applications Software. You may install, use, access, display, run, or otherwise interact with ("RUN")
one copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, on a
single computer, workstation, terminal, handheld PC, pager, "smart phone," or other digital electronic
device ("COMPUTER"). The primary user of the COMPUTER on which the SOFTWARE
PRODUCT is installed may make a second copy for his or her exclusive use on a portable computer.
* Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a
storage device, such as a network server, used only to RUN the SOFTWARE PRODUCT on your
other COMPUTERS over an internal network; however, you must acquire and dedicate a license for
each separate COMPUTER on which the SOFTWARE PRODUCT is RUN from the storage device.
A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different
COMPUTERS.
* Reservation of Rights. All rights not expressly granted are reserved by Eric LeVin II.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Academic Edition Software. If the SOFTWARE PRODUCT is identified as "Academic Edition" or
"AE," you must be a "Qualified Educational User" to use the SOFTWARE PRODUCT. If you are not
a Qualified Educational User, you have no rights under this EULA. To determine whether you are a
Qualified Educational User, please contact the Digitope Sales Information Center/Eric LeVin II/
General Delivery/ Turks and Caicos Islands or the Digitope representative serving your country.
* Not for Resale Software. If the SOFTWARE PRODUCT is labeled "Not For Resale" or "NFR,"
then, notwithstanding other sections of this EULA, your use of the SOFTWARE PRODUCT is limited
to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for
value, the SOFTWARE PRODUCT.
* Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse
engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that
such activity is expressly permitted by applicable law notwithstanding this limitation.
* Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its
component parts may not be separated for use on more than one COMPUTER.
* Trademarks. This EULA does not grant you any rights in connection with any trademarks or service
marks of Eric LeVin II.
* Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
* Support Services. Digitope may provide you with support services related to the SOFTWARE
PRODUCT ("Support Services"). Use of Support Services is governed by the Digitope policies and
programs described in the user manual, in "online" documentation, and/or in other Digitope-provided
materials. Any supplemental software code provided to you as part of the Support Services shall be
considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
With respect to technical information you provide to Digitope as part of the Support Services, Digitope
may use such information for its business purposes, including for product support and development.
Digitope will not utilize such technical information in a form that personally identifies you.
* Software Transfer. The initial licensee of the SOFTWARE PRODUCT may make a one-time
permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This
transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and
printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). Such
transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-
time transfer must agree to comply with the terms of this EULA, including the obligation not to further
transfer this EULA and SOFTWARE PRODUCT.
* Termination. Without prejudice to any other rights, Digitope may terminate this EULA if you fail to
comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the
SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed
to use a product identified by Digitope as being eligible for the upgrade in order to use the SOFTWARE
PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements (and may
disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting
upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an
upgrade of a component of a package of software programs that you licensed as a single product, the
SOFTWARE PRODUCT may be used and transferred only as part of that single product package and
may not be separated for use on more than one COMPUTER.
4.COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not
limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated
into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the
SOFTWARE PRODUCT are owned by Digitope or its suppliers. All title and intellectual property rights
in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property
of the respective content owner and may be protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE
PRODUCT contains documentation which is provided only in electronic form, you may print one copy
of such electronic documentation. You may not copy the printed materials accompanying the
SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one
medium. Regardless of the type or size of medium you receive, you may use only one medium that is
appropriate for your single COMPUTER. You may not RUN the other medium on another
COMPUTER. You may not loan, rent, lease, or otherwise transfer the other medium to another user,
except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6.BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCT pursuant to this
EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by
Digitope solely for backup or archival purposes. If the original media is required to use the SOFTWARE
PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely for
backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make
copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE
PRODUCT.
MISCELLANEOUS
This EULA is governed by the laws of the Turks and Caicos Islands.
Should you have any questions concerning this EULA, or if you desire to contact Digitope for any reason, please contact the Digitope
subsidiary serving your country, or write: Digitope Sales Information Center/Eric LeVin II/General Delivery/Turks and Caicos Islands.