END-USER LICENSE AGREEMENT FOR CONCEPTDRAW SOFTWARE.
IMPORTANT-READ CAREFULLY: 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 ConceptDraw (Standard or Professional) 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 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 a single computer (unless otherwise indicated).
(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 labeled 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 such user. 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. If the Software is market "Cross Platform", then the license permits to install the software on 1 (one) Macintosh and 1 (one) Windows computer.
(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 at which time this grant of license will have expired.
If this Software is marked "Demo", it is 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. If this Software is marked "Academic" or "Educational" your license only permits use in qualified educational settings.
2. Maintenance of Copyright Notices. You must include with all copies of the Software all native resources, restrictions and copyright notices shipped with the original software. You must not remove or alter any copyright notices on all copies of the Software.
3. Transfer. You may permanently transfer all your rights under this Agreement to another party by providing to such party 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 previously 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 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"). 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 supplemental 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 for product support and development. CSO will not utilize such technical information in a form that personally identifies you.
9. Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the Software.
10. Term and Termination. This Agreement takes effect on the day on which the Software is installed or used for the first time and continues in effect 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 thirty (30) day period following the date of the date of delivery of the Software 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 copies of the Software along with a copy of your paid invoice to the location where you purchased it within thirty (30) days of purchase. Any replacement Software will be further guaranteed for 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 A PARTICULAR PURPOSE. CSO does not warrant that the operation of the program will be uninterrupted or error free.
12. Limitation on Liability. IN NO EVENT WILL CSO BE LIABLE FOR ANY LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND UNDER ANY HEAD OF LIABILITY, ARISING OUT OF USE OF OR IN CONNECTION WITH THE SOFTWARE.
13. Entire Agreement. 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, or to you, your company and company's employees if this license was purchased for company use.
ConceptDraw is a trademark of Computer Systems Odessa Corp. which may be registered in some countries.
