» version 3.1 - posted on 2010-01-22
EULA - End User License Agreement
EISOO END USER LICENSE AGREEMENT
NOTICE: YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE YOU AGREE WITH IT AND UNPACK TO INSTALL THE SOFTWARE.
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND EISOO. BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS DESCRIBED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND PROMPTLY RETURN THE SOFTWARE IN ITS ORIGINAL PACKAGE TO THE PLACE WHERE YOU OBTAINED THE SOFTWARE FOR A FULL REFUND. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT ALL THESE TERMS.
1). "Eisoo" means Eisoo Software, Inc.
2). "Software" means only the Eisoo Software program(s), such as program file, disk(s), CD-ROM(s) or other media. But not limited to: corresponding documentation, printed materials, and online or electronic documentation.
3). "Use" means to execute, install, load, copy or otherwise benefit from using the functionality of this Software in accordance with the documentation.
4). "Software Registration" is a process that you pay for registration fee from Eisoo online shop or Eisoo retailer partner to gain a CD-ROM within it contains a registration code and corresponding registration information, and then you enter in your computer these information with the intrinsic registration capability of this software.
5). "Registered Software" means to use method of the above software registration to register this software, but do not include that you use a registration code that was not from Eisoo or its retailer partner, or use the same registration code which was brought from Eisoo or its retailer partner and has registered in another computer.
6). “Upgrade” means those releases of the software that provide substantial new features or additional functionality or that Eisoo provides to licensees to correct errors, fix bugs, or create minor improvements, incremental features, enhancements of existing features or driver updates, installer updates, extension updates, and patches.
2. LICENSE GRANTS
You can gain a CD-ROM within it containing register code after paying to Eisoo or any of its retailer partners. As long as you accept the terms of this Agreement, Eisoo grants to you a non-exclusive, revocable, perpetual license to allow you to use, display one copy of the current version of this Software on a single computer.
3. LICENSE RESTRICTIONS
1). You shall not and shall not attempt to modify, adapt, decompile, reverse engineer this Software.
2). You shall not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in this Software. Any copy of this Software that you make must contain the Eisoo copyright and other proprietary notices that appear on or in this Software.
3). You shall not publish any results of benchmark tests run on this Software to a third party without Eisoo's prior written consent.
4). You shall not rent, sell, lease, sublicense your rights in this Software.
5). You shall not customize or transfer this Software. If you wishes to assign or transfer this Software to any third party, either for profit or otherwise, you must first obtain written consent of Eisoo.
6). You shall not bind or merge this Software with other software.
4. PRODUCT ACTIVATION
While you are registering, you allow this Software to connect to the Internet address specified by Eisoo to verify the registration code. The verification process is for you to use this Software perpetually.
5. FREE SUPPORT SERVICES
1). Eisoo support includes the following services: i) Eisoo will answer technical questions concerning functions and features of the software; ii) Eisoo will provide error verification, analysis and corrective efforts and, iii) Except for any charged options, Eisoo will provide one year service without charge. The service include product setup/deploy consultant, product solution consultant, product bug fix.
2). Any support service during the hours of 8 a.m. (Hong KongTime) and 6 p.m. (Hong KongTime) Monday through Friday, excluding holidays posted on Eisoo website at www.eisoo.net.
3). You acknowledge that all reported errors may not be corrected. Any update of the software will be deemed part of the software and will be used in accordance with the requirements and obligations in this agreement.
4).Exclusions from support. The support services will not include services requested as a result of, or with respect to: (i) improper installation or use of the software that substantially deviates from any operating procedures established by Eisoo in the documentation provided with the software; (ii) any alteration, adaptation, or modification to the software not made by or under the supervision or direction of Eisoo; (iii) your negligence, hardware malfunction or other causes beyond the reasonable control of Eisoo; (iv) any accidental or intentional damage to the software; and (v) any failure to incorporate an update or upgrade previously released to you by Eisoo.
Comments or materials sent to Eisoo, such as questions, comments, suggestions, or the like regarding the software (collectively "feedback"), shall be deemed to be non-confidential. By providing such feedback, you grant to Eisoo a worldwide, royalty-free, irrevocable and non-exclusive license to sublicense, use and disclose the feedback in any manner Eisoo chooses.
7. SOFTWARE INFORMATION
You allow this Software to receive Eisoo Update information on the toolbar or other user interface of this Software, and only in the user interface of this Software.
8. INTELLECTUAL PROPERTY RIGHTS
This Software (including any copy thereof), is owned by Eisoo and is protected by the Hong Kong Special Administrative Region of People’s Republic of China copyright and other intellectual property laws and by international treaties provisions. This Agreement confers no title or ownership in this Software and should not be construed as a sale of any intellectual property right in this Software. The intellectual property rights in this Software shall remain in Eisoo. As used herein, "Intellectual Property Rights" means all present and future copyrights, trademark rights, trade secret rights, patent rights, and any other intellectual property rights recognized in any jurisdiction.
9. COMPLIANCE WITH EXPORT LAW
You will not export or re-export the software in violation of the Hong Kong Special Administrative Region of People’s Republic of China export administration regulations or other applicable laws and regulations. You will defend, indemnify, and hold harmless Eisoo from and against all fines, penalties, liabilities, damages, costs, and expenses incurred by Eisoo as a result of any violation of such laws and regulations by you or any of your agents or employees.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. In the event of such termination, you agree to promptly destroy this Software together with documentation, and all copies. Or you can terminate it at any time by destroying this Software together with documentation, and all copies.
11. LIMITED WARRANTY AND REMEDY
EISOO WARRANTS TO YOU THAT THIS SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR THE THIRTY (30) DAYS (THE "WARRANTY PERIOD") FOLLOWING RECEIPT OF THE SOFTWARE WHEN USED ON THE RECOMMENDED OPERATING SYSTEM AND HARDWARE CONFIGURATION. NON-SUBSTANTIAL VARIATIONS OF PERFORMANCE FROM THE DOCUMENTATION DOES NOT ESTABLISH A WARRANTY RIGHT. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE WARRANTY PERIOD IMPLIED WARRANTIES ON THIS SOFTWARE, IF ANY, ARE LIMITED TO THIRTY (30) DAYS. THE LIMITED WARRANTY DOES NOT APPLY TO PATCHES, PRE-RELEASE (BETA), EVALUATION, PRODUCT SAMPLER OF THIS SOFTWARE. IF THIS SOFTWARE DOES NOT PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION, THE ENTIRE LIABILITY OF EISOO AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO EITHER, AT EISOO'S OPTION, THE REPAIR OR REPLACEMENT OF THIS SOFTWARE OR THE REFUND OF THE PRICE PAID FOR THIS SOFTWARE, IF ANY. TO MAKE A WARRANTY CLAIM, YOU MUST RETURN THIS SOFTWARE TO THE LOCATION WHERE YOU OBTAINED IT ALONG WITH PROOF OF PURCHASE WITHIN THE WARRANTY PERIOD.
12. NO OTHER WARRANTIES
THE LIMITED WARRANTY ABOVE IS EXCLUSIVE AND IN LIEU OF ALL OTHER CONDITIONS AND WARRANTIES FOR THIS SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EISOO MAKES NO OTHER CONDITIONS OR WARRANTIES, EXPRESS, WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, EXPRESS OR IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT FOR THIS SOFTWARE.
13. LIMITATION OF LIABILITY
IN NO EVENT WILL EISOO BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF EISOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY.
14. GOVERNING LAW
This agreement will be governed by the laws and regulations of the Hong Kong Special Administrative Region of People’s Republic of China.
All waivers must be in writing. A party's failure to exercise any of its rights under this agreement shall not constitute a waiver or forfeiture of any such rights nor of any other rights. if any provision of this agreement is unenforceable or invalid pursuant to any applicable law, such unenforceability or invalidity will not render this agreement unenforceable or invalid as a whole, and such unenforceable or invalid provision will be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law or applicable court decisions. This agreement which incorporates all documents referenced herein represents the entire agreement between you and Eisoo as to the matters set forth herein and integrates all prior discussions and understanding between us. This agreement may be modified only by a binding written instrument entered into by you and Eisoo.
16. RIGHTS RESERVED
All rights not expressly granted to end users under this Agreement are reserved by Eisoo.
NOTE: If you have any questions about this Agreement, please contact Eisoo Software, Inc. at email address: email@example.com.