If you break the seal or otherwise open the package containing the software program media, you are by that act agreeing to be bound by the terms and conditions of this license agreement.
Ownership of Software. You acknowledge and agree that all of the computer programs and associated documentation contained in this package (collectively, the “Software”) are owned exclusively by EGTrends and/or its licensors. The Software is protected under copyright and other intellectual property laws of the United States and international copyright treaties. You acknowledge and agree that the price paid by you for the Software is a license fee granting you only the rights set forth in the License Agreement.
License. EGTrends grants to you, and you accept, a limited, non-exclusive and revocable license to use the Software, in machine-readable, object code form only. You agree to use the Software only as authorized in this License Agreement. This license Agreement does no convey to you any ownership rights or any other interest in the Software.
Scope of License. This is a single-user, multiple computer license, which means you are authorized to use the Software on up to a total of three personal computers that are used exclusively by you (e.g., office, portable and home). A valid license must be purchased for each person who will use the Software.
If this software is to be installed on a network server, or more that one user can run the Software, you must purchase an additional license for each user or computer workstation. Please contact the location where you purchase the Software and this license, or contact EGTrends, to obtain additional licenses.
You may not copy or make any changes or modifications to the Software, and you may not translate, decompile, disassemble, or otherwise reverse engineer the computer programs(s). You may not loan, rent, lease or sublicense the Software or any copy to others for any purpose. You agree to use all reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication. You are not permitted to make any uses or copies of the Software that are not specifically authorized by the terms of the License Agreement, and EGTrends reserves all rights that are not expressly granted to you. Your adherence to this License Agreement will allow EGTrends to continue developing innovative and useful products and providing a high level of customer service and support.
Term. This license will become effective on the date you acquire the Software and will remain in force until terminated. You may terminate this license at any time by removing the Software from you computer and destroying the original Software and all copies. This license will automatically terminate if you breach any of the terms or conditions set out in this License Agreement. You agree to remove the Software from you computer, and either to destroy the original Software and all copies of the Software and documentation or to return them to EGTrends, upon termination of the license for any reason.
Transfer. You may transfer your license of the Software to another party by transferring the original program media and all applicable documentation, including the original of this License Agreement, to the recipient, who agrees to the terms of this Agreement. All other copies of the Software must be deleted and/or destroyed. Any transfer of possession of the Software terminates your license and all associated benefits under this License Agreement. You must notify EGTrends in writing of such a transfer.
Archival Copy. You may make one copy of the Software and associated documentation solely for backup or archival purposes. Alternatively, you may transfer this Software to a single hard disk drive, provided that you keep the original program media and accompanying documentation in your possession for backup or archival purposes. Any such copies of the Software or documentation shall include EGTrends’ copyright and other ownership notices. No other copies of Software or documentation may be made by you or any person under your authority or control.
Limited Warranty. EGTrends warrants the physical program media and physical documentation to be free from defects in materials and workmanship for a period of 90 days from the date of your purchase. If you notify EGTrends of defects in materials or workmanship during the warranty period, EGTrends will replace the defective program media or documentation or, at its option, refund the purchase price. Your remedy for breach of this warranty shall be limited to replacement or refund and shall not encompass any other damages. No dealer, distributor, agent or employee of EGTrends is authorized to make any modification or addition to the warranty and remedies stated above.
EGTrends SPECIFICALLY DISCLAIMS
Limitations of Liability and
Remedies. IN NO EVENT SHALL EGTrends OR ITS
LICENSORS BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE,
INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
OTHER DAMAGES, EVEN IF EGTrends OR ITS LICENSORS
Updates. To receive notification of future Software updates, please complete and return the registration card. Also, please locate the serial number of your copy of the Software on the program media. You will need this number to receive updates and technical support from EGTrends.
Trademarks. EGView, EGTrends and the associated logo(s) are registered trademarks of EGTrends Incorporated. No right or license to any trademarks owned by EGTrends or others appearing in the Software or packaging is granted to you by this License Agreement.
Miscellaneous. Unless otherwise restricted by law, you agree that this Licensing Agreement shall be construed, interpreted and governed by the laws of the State of Washington of the United States of America, without regard to the laws governing conflicts of law. If any action is brought by either party against the other regarding any subject matter of the License Agreement, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation. You further agree that any claim relating to this License Agreement shall be brought in the courts of competent jurisdiction in the State of Washington. If any term of this License Agreement is declared void or unenforceable by any court of competent jurisdiction, enforcement of the remaining terms shall not be affected. No waiver of any right under this License Agreement shall be effective unless in writing and signed by both parties. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this License Agreement. This License Agreement sets forth the entire agreement between EGTrends and you with respect to all matters covered herein.
If you have any questions concerning this license agreement, please contact EGTrends at 9609 215th Avenue NE, Redmond, Washington 98053 U.S.A.