This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and TetraEdge S.A.R.L. PARIS FRANCE ("Manufacturer"), the manufacturer of this present software ("SOFTWARE"). The SOFTWARE includes Personal Digital Assistants ("PDA") software, the associated media, any printed materials, and any "online" or electronic documentation (collectively the "Devices").
By installing and using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, the Manufacturer is unwilling to license the SOFTWARE to you. In such event, you may not use the SOFTWARE and you should contact the Manufacturer.
LICENSE
The MANUFACTURER grants you, and you accept, a non-exclusive license to use the SOFTWARE on one Device according to the following terms:
Article 1 - Software License
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE. The SOFTWARE is licensed, not sold.
Article 2 - Grant of License
You may use the SOFTWARE only in conjunction with one Device. The SOFTWARE is licensed by the MANUFACTURER only for your personal use.
You are not allowed to make copies of the SOFTWARE. Unauthorized copying of the SOFTWARE is expressly prohibited and you will be held responsible for any copyright infringement. The SOFTWARE is owned and is the exclusive property of the MANUFACTURER.
You are expressly prohibited from sublicensing, assigning, renting, loaning, copying, or otherwise transferring the SOFTWARE or documentation to anyone. You may not alter, modify, adapt, create a derivative work, merge, translate, decompile, disassemble, or reverse engineer the SOFTWARE. Any attempt to do any of the foregoing shall automatically terminate your license. You may not remove or modify any proprietary notice, labels or marks on the SOFTWARE. You may permanently transfer this license to another user but only if you transfer all disks and documentation, you cease to use and destroy you own working copy of the SOFTWARE, and the recipient specifically agrees to all of the terms of this Agreement. This license and your right to use the SOFTWARE automatically terminate if you fail to comply with any provision of this EULA. Upon termination you will destroy all documentation, disks, and working copies of the SOFTWARE.
Article 3 - Limited Warranty
MANUFACTURER expressly disclaims any warranty for this SOFTWARE. This SOFTWARE and information and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchant ability, fitness for a particular purpose, or non infringement. The entire risk arising out of use or performance of this SOFTWARE and information remains with you. MANUFACTURER strongly recommends to backup the data on your PDA before trying the SOFTWARE.
MANUFACTURER warrants that the original diskettes/CD- ROM and documentation are free from defects immaterial and workmanship. SOFTWARE will replace defective diskettes or documentation or correct substantial software errors at no charge, or, at MANUFACTURER's sole option, refund the license fee which you paid, provided you return the item to MANUFACTURER within ninety (90) days of your documented date of purchase. In the event of a refund, this license shall terminate. These are your sole remedies for any claim of breach of warranty.
EXCEPT AS SPECIFICALLY PROVIDED ABOVE, MANUFACTURER MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, DISKETTES OR DOCUMENTATION, INCLUDING THEIR QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MANUFACTURER DOES NOT WARRANT THAT THE SOFTWARE'S FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE OR SOFTWARE MAY DAMAGE THE DEVICE. IN NO EVENT WILL MANUFACTURER OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY TO SUCH DAMAGES.
MANUFACTURER is not responsible for any costs including, but not limited to, those incurred as a result of lost of profits or revenue, loss of time, data, or use of the SOFTWARE, the costs or recovering such software or data, the costs of substitute software, claims by third parties, or other similar costs. IN NO CASE WILL MANUFACTURER'S LIABILITY EXCEED THE AMOUNT OF THE RETAIL LICENSE FEE. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED.
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 or limitation of implied warranties or of incidental or consequential damages, so some of the above may not apply to you.
Article 4 - General
This Agreement is the entire agreement between you and MANUFACTURER relative to the SOFTWARE and supersedes all prior written statements, proposals or agreements relative to its subject matter. The laws of France govern this Agreement. MANUFACTURER owns all title to the SOFTWARE and documentation, all rights not expressly granted are retained, and no rights under federal copyright or other applicable laws are waived.
If this EULA was acquired outside France, then local law may apply.
Should you have any questions concerning this EULA, please contact MANUFACTURER.
