GERTES(R) Outlook Add-in 2010-2007
EULA - End User License Agreement
THIS DOCUMENT IS THE LICENSE AGREEMENT WHICH GOVERNS THE USE OF THE GERTES OUTLOOK ADDIN SOFTWARE PACKAGE AND ITS DOCUMENTATION ("GERTES OUTLOOK ADDIN"). READ THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. THE LICENSE AGREEMENT IS A LEGAL DOCUMENT AND CONSTITUTES THE ENTIRE AGREEMENT BETWEEN GERTES ("GERTES") ("THE LICENSOR") AND YOU CONCERNING GERTES OUTLOOK ADDIN AND SUPERSEDES ANY PRIOR REPRESENTATION OR UNDERSTANDING BETWEEN YOU AND GERTES. YOU ARE REFERRED TO AS THE "LICENSEE" IN THIS LICENSE AGREEMENT. You are granted a license to use the GERTES Outlook Addin Software. The Software is owned and remains the property of GERTES and is protected by copyright laws and international treaties as well as other intellectual property laws and treaties. GERTES Outlook Addin is licensed not sold. 1. LIMITED LICENSE 1.1 GERTES hereby grants the Licensee a non-exclusive, non-transferable license subject to the terms and conditions of this Agreement to use an UNREGISTERED or TRIAL REGISTERED or FREE VERSION copy of GERTES Outlook Addin. You can use the UNREGISTERED or TRIAL REGISTERED copy of GERTES Outlook Addin for 90 days from date of installation after which Licensee must register GERTES Outlook Addin to continue usage. The Licensee must remove the expired version of GERTES Outlook Addin software and render it inoperable. GERTES also grants the Licensee permission to freely distribute UNREGISTERED versions of GERTES Outlook Addin at will. 1.2 In consideration of registration and payment of the license fee paid to GERTES and all sales, use, transfer, and other taxes imposed in connection with this Agreement (except taxes imposed on GERTES's income), GERTES hereby grants the Licensee a non-exclusive, non-transferable license subject to the terms and conditions of this Agreement to use GERTES Outlook Addin and documentation on a SINGLE CENTRAL PROCESSING UNIT (CPU). The Licensee may physically move GERTES Outlook Addin to another CPU provided that any previously installed copies of GERTES Outlook Addin are removed and rendered inoperable. 1.3 The Licensee is licensed to use registered copies of GERTES Outlook Addin and Documentation solely for its own internal use and has no right to sublicense, rent, lease, transfer or distribute part or whole thereof. GERTES reserves all rights not expressly granted to Licensee. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS 2.1 LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble GERTES Outlook Addin, except only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 2.2 RENTAL. You may not rent or lease GERTES Outlook Addin. 2.3 COPYRIGHT. All title and copyrights in and to GERTES Outlook Addin, the accompanying printed materials and any copies of GERTES Outlook Addin, are owned by GERTES. GERTES Outlook Addin is protected by international treaty provisions and copyright laws. 2.4 GERTES Outlook Addin software is licensed on an "AS IS" basis only and GERTES makes no warranties with respect to GERTES Outlook Addin software or to the performance or operation thereof. GERTES does not warrant that GERTES Outlook Addin will meet the licensee's requirements, that the operation of GERTES Outlook Addin will be uninterrupted or error free or that all errors will be corrected. 2.5. NO OTHER WARRANTIES. To the full extent permitted by applicable law, GERTES disclaim all other representations, warranties, conditions or other terms, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to GERTES Outlook Addin. This limited warranty gives you specific legal rights. You may have others that vary from jurisdiction to jurisdiction. 2.6 GERTES's cumulative liability to Licensee for any loss, damage or expenses resulting from any claims, demands or actions arising out of or relating to this Agreement shall not exceed the amount paid to GERTES in connection with this license Agreement. GERTES shall not be liable for any claims against the Licensee by any other party. 3. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, under no circumstances will GERTES, or any person, company or other entity on its behalf, be liable for any other damages whatsoever (including without limitation damages for loss of business, business interruption, loss of business information or other direct or indirect or consequential loss, direct or indirect damages for personal injury) arising out of the use or inability to use or supply or non-supply of GERTES Outlook Addin or arising in any other way. GERTES's total liability under any provision of this agreement is in any case limited to the amount actually paid by you for GERTES Outlook Addin. As some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages the above limitation may not apply to you. 4. INDEMNIFICATION. The Licensee assumes sole responsibility for its use of GERTES Outlook Addin and Documentation. Licensee indemnifies and holds GERTES harmless of and from any and all liability or claims of person or entity arising from Licensee's use of GERTES Outlook Addin or Documentation. In the event that Licensee provides access to GERTES Outlook Addin or Documentation to persons or entities not party to this Agreement, Licensee indemnifies and holds GERTES harmless of or from any and all claims arising out of such access, provided however, that nothing contained in this section shall be construed as GERTES approval of access or use by such persons or entities. 5. TERMINATION. Without prejudice to any other rights, GERTES may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, you must destroy all copies of GERTES Outlook Addin and all of its component parts.