THIS LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND e-on software. IT IS A LICENSE AGREEMENT, AND NOT AN AGREEMENT FOR SALE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE CHOOSING YES. BY CHOOSING YES YOU ARE AGREEING AND INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH ANY OF THE FOLLOWING, YOU ARE NOT ALLOWED TO INSTALL THE SOFTWARE, AND SHOULD RETURN THE PACKAGE UNOPENED TO THE DEALER FROM WHOM YOU PURCHASED IT, WHO WILL REFUND YOUR MONEY.
LICENSE
In consideration of the payment of a license fee, you are granted a personal, non-exclusive license to use the Vue d'Esprit Mover 2 software (hereinafter referred to as the Software) under the terms stated in the Agreement. Use of the Software is subject to the terms and conditions set forth in the Vue d'Esprit 2 License Agreement. You may use the Software only if you own a valid license to use the Vue d'Esprit 2 software. You own the physical media on which the Software is provided, under the terms of this Agreement, but all title and ownership of the Software and enclosed related documentation (hereinafter referred to as the Documentation), and all other rights not expressly granted to you by this Agreement, remain with e-on software.
The Software can only be used on a single computer at any one time. This means that the Software should only be loaded on one hard drive at a time. Should you wish to use the Software on more than one computer, you must either erase the Software from the first hard drive before moving the Software to a second hard drive, or else purchase a second copy of the Software. You may not, under any circumstances, have the Software loaded onto the hard drives of two or more computers at the same time. You also may not copy the Software onto a hard drive, and then use the disks on another computer. The Software may be executed from a common disk shared by multiple computers provided that at least one authorized copy of the Software has been licensed for each computer executing the Software.
COPYRIGHT
The Software and the Documentation are owned by e-on software and are protected by U.S. copyright law as well as by international intellectual property conventions. Any reproduction, sale, transfer, transcription, storage in a retrieval system, translation into any language in any form or distribution by any means whatsoever of the Software or the Documentation, in part or in full, without the prior written permission from e-on software is strictly forbidden. Any such act shall constitute a copyright violation and shall be prosecuted to the fullest extent of the law.
By law, you, then end user, may do the following:
1. Make one (1) archival copy of the Software, in machine readable or printed form for backup purposes only in support of your use of the Software on a single computer. You must reproduce and include the e-on software copyright notice on the backup copy of the Software.
2. Transfer the Software onto a single hard drive, provided that you keep the original solely for backup purposes.
Any portion of the Software merged into or used in conjunction with another program will continue to be the property of e-on software and subject to the terms and conditions of this Agreement. You must reproduce and include the e-on software copyright notice on any portion merged in or used in conjunction with another program.
RESTRICTIONS
You may not rent, lend, lease, or assign the Software or the Documentation. You may, however, transfer the Software together with the Documentation on a permanent basis. When you make such transfer on a permanent basis, you may not keep any copies of it, and you must remove the Software from your hard drive. Also, the person to whom you transfer the Software and the Documentation must agree to the terms of this License agreement.
You may not alter, modify, translate or adapt the Software or the Documentation. In addition, you may not decompile, disassemble or reverse engineer the Software. You also may not create any derivative works based on the Software or the Documentation. A derivative work is defined as a translation or other form in which the Software may be recast, transformed or adapted.
TERM
This license granted to you is effective until terminated. You may terminate it at any time by returning the Software and the Documentation to e-on software together with all copies, modifications, and merged portions in any form. The license will also terminate upon conditions set forth elsewhere in the Agreement, or if you fail to comply with any term or condition of this Agreement. You agree, upon such termination, to return the Software and the Documentation to e-on software together with all copies, modifications and merged portions in any form.
Upon termination, e-on software can also enforce any rights provided by law. The provision of this Agreement which protects the proprietary rights of e-on software will continue in force after termination. Termination of this license, either voluntary or involuntary, does not entitle you to a refund of your purchase cost except as provided elsewhere in this License Agreement.
LIMITED WARRANTY
e-on software warrants, as the sole warranty, that the original medium on which the Software is distributed and the Documentation are free from defects in material and workmanship under normal use and conditions for a period of ninety (90) days from the date of the purchase, as evidenced by a copy of your receipt. No distributor, dealer, or any other entity or person has authorization to expand or alter either this warranty or any term of this Agreement. Any such representations will not bind e-on software.
e-on software does not warrant that the functions contained in the Software will meet your requirements, or that the operation of the Software will be uninterrupted and error-free. Except as stated above in this section, the Software and Documentation are provided as-is, without any other warranty or representation of any kind, either express or implied concerning the Software, Documentation, or use of the Software, including, but not limited to the implied warranties of quality, merchantability and fitness for a particular purpose. Using the Software is at your own risks, and in no event shall e-on software be liable for any damage whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software or Documentation, even if e-on software has been advised of the possibility of such damages.
The warranties and remedies set forth above are exclusive and in lieu of all others, oral or written, express or implied.
e-on software is not responsible for any costs including, but not limited to, those incurred as a result of lost profits or revenue, loss of time or use of the Software, loss of data, the costs of recovering such Software or data, the cost of substitue software, claims by third parties, of other similar costs.
The warranties provided give you specific legal rights. You may have other rights which vary from state to state. Some states do not allow the exclusion of incidental or consequential damages, or the limitation of how long an implied warranty lasts, so some of the above may not apply to you.
In no event will the entire liability of e-on software, under any provision of this Agreement, ever exceed the amount of the license fee paid by you to use the Software regardless of the form of the claim. This Limited Warranty is void if failure of the Software or Documentation has resulted from accident, abuse, or misapplication. Any replacement Software or Documentation will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
REMEDIES
If a defect in the original medium on which the Software is distributed or in the Documentation occurs within ninety (90) days of purchase, you may return the faulty medium or Documentation to e-on software, along with your name, address, and a dated proof of purchase, and e-on software will replace it free of charge.
If you return the medium or Documentation, you must prepay shipping and either insure the Software and Documentation or assume all risk of loss or damage in transit.
US GOVERNMENT RESTRICTED RIGHTS
The Software and Documentation are provided with restricted rights. Use, duplication or disclosure by the US Government is subject to restrictions as set forth in subdivision (c) (1) (ii) of the Rights in Technical Data and Computer Software Clause at (252)227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights at 48CFR52.227-19, as applicable. The contractor / manufacturer of the Software and Documentation thereto is e-on software, 6 rue du GΘnΘral Guilhem, 75011 Paris (France).
