» version 2.02.0002 - posted on 2004-01-10
Reports modified and Equipment List fixed
EULA - End User License Agreement
END-USER LICENSE AGREEMENT FOR Expedition Log (EXPEDITION LOG) SOFTWARE
IMPORTANT-READ CAREFULLY: This EXPEDITION LOG End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and EXPEDITION LOG for the EXPEDITION LOG software accompanying this EULA, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By exercising your rights to make and use copies of 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, you may not use the SOFTWARE PRODUCT.
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.
NOTICE: IF you are using an evaluation copy of the software product, it may be time sensitive and will not function upon expiration of the 30-day license period.
1. GRANT OF LICENSE. This EULA grants you the following rights:
a. SOFTWARE PRODUCT. EXPEDITION LOG grants you a non-exclusive, personal, non-transferrable limited license to install and use one copy of the SOFTWARE PRODUCT on one device containing a single microprocessor for either evaluation purposes (evaluation copy) for the purpose of determining whether to pursue a further license agreement with EXPEDITION LOG, or as a registered fully licensed user. You acknowledge that EXPEDITION LOG has not authorised you to distribute or disseminate the SOFTWARE PRODUCT, or any part thereof, in any way.
b. Electronic Documents. Solely with respect to electronic documents included with the SOFTWARE PRODUCT, you may make one copy (either in hardcopy or electronic form), provided that such a copy shall be used only for internal purposes for the evaluation or registered use of the SOFTWARE PRODUCT as described in Section 1(a) above. You may not publish or distribute the documents to any third party.
c. Evaluation Purposes Only. Where an evaluation copy is being used, this EULA only grants you the right to evaluation of the SOFTWARE PRODUCT. You must upgrade to the retail version of the SOFTWARE PRODUCT for commercial use.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Limitation on Comparative Testing. You may not use the SOFTWARE PRODUCT to compare the features or capabilities of the SOFTWARE PRODUCT to other products other than in the ordinary course of your good faith evaluation of the SOFTWARE PRODUCT for purposes of determining whether to employ it for your commercial use, as described in Section 1 above.
b. 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 applicable law notwithstanding this limitation expressly permits such activity.
c. 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 or device containing a single microprocessor.
d. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
e. Support Services. EXPEDITION LOG may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the EXPEDITION LOG policies and programs described in the user manual, and/or in "online" documentation, and/or in any other EXPEDITION LOG provided materials. Any supplemental software code or upgrade 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 EXPEDITION LOG as part of the Support Services, EXPEDITION LOG may use such information for its business purposes, including for product support and development. EXPEDITION LOG will not utilise such technical information in a form that personally identifies you.
f. Software Transfer. You may not transfer any of your rights under this EULA unless in the event that you merge with a third party or the third party purchases all, or substantially all of your assets, you shall be entitled, upon notice to us, to transfer all your rights to use the Package to such third party, provided that you assign all of your rights hereunder, cease all use of the Package and the third party agrees to accept the terms of this Agreement. You shall not otherwise assign, transfer or sub-license your rights under this Agreement, except as provided in paragraph E(I)(3).
g. Term. Your right to use the SOFTWARE PRODUCT shall begin upon the date you first install the SOFTWARE PRODUCT on a computer or device with a single microprocessor. Where the supplied SOFTWARE PRODUCT is for evaluation purposes, you may use the SOFTWARE PRODUCT for thirty (30) days from such date of installation. Fully Licensed versions of the SOFTWARE PRODUCT are provided on payment of a one (1) year license fee, renewable annually on the anniversary of the original purchase date, or for outright purchase by payment of a single fee. Where the SOFTWARE PRODUCT is purchased outright, the license is valid for that copy only, is not transferable, and has no expiration date. This EULA may be terminated by EXPEDITION LOG in writing at any time, with or without cause, prior to the termination date. Upon the termination of this EULA, for any reason, you shall promptly return to EXPEDITION LOG, or certify destruction of, all full or partial copies of the SOFTWARE PRODUCT and related materials provided to you by EXPEDITION LOG.
h. Intellectual Property Rights. You shall instruct your employees and agents that the making of unauthorised copies of any component of the SOFTWARE PRODUCT and the permitting of a greater number of Multi-Users than the number stated on the External Label are violations of intellectual property law and this Agreement. If you have a Multi-User License, you agree to prepare and maintain a current list of the computers, including their serial numbers, upon which the SOFTWARE PRODUCT are installed. If, after you have so instructed an employee or agent, that employee or agent makes an unauthorised copy of any part of the SOFTWARE PRODUCT, or permits more than the permitted number of Multi-Users to use the SOFTWARE PRODUCT, you shall not be considered in breach of this Agreement if you, at your option either, promptly destroy the unauthorised copy or pay EXPEDITION LOG the full retail price for each unauthorised copy discovered by EXPEDITION LOG or you, and act reasonably and in good faith to pay EXPEDITION LOG the full price for each additional user revealed thereby, based on EXPEDITION LOG then current posted rates for a similar number of Multi-Users.
3. 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 EXPEDITION LOG or its authorised suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer or device with a single microprocessor, provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
4. 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 or other single microprocessor device. You may not use or install the other medium on another computer or device containing a microprocessor. 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.
5. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE PRODUCT is of New Zealand origin. You agree to comply with all applicable international and national laws that apply to these, as well as end-user, end-use, and destination restrictions issued by New Zealand and other governments.
6. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which may be included with the SOFTWARE PRODUCT) is the entire agreement between you and EXPEDITION LOG relating to the SOFTWARE PRODUCT and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the SOFTWARE PRODUCT or any other subject matter covered by this EULA. To the extent the terms of any EXPEDITION LOG policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
7. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, EXPEDITION LOG and its suppliers provide the SOFTWARE PRODUCT and any (if any) support services related to the SOFTWARE PRODUCT ("Support Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied, or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE 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 SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXPEDITION LOG OR ITS AUTHORISED 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 ANYWAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE 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 EXPEDITION LOG OR ANY SUPPLIER, AND EVEN IF EXPEDITION LOG OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. LIMITATION OF LIABILITYAND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (Including, without limitation, all damages referenced above and all direct or general damages), the entire liability of EXPEDITION LOG and any of its suppliers with regard to the SOFTWARE PRODUCT or this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or N.Z.$5.00. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Should you have any questions concerning this EULA, or if you desire to contact EXPEDITION LOG for any reason, please contact the EXPEDITION LOG subsidiary serving your country, or email email@example.com
Use of this SOFTWARE PRODUCT signifies agreement to the terms of the above license.