EULA - End User License Agreement
End User License Agreement ("Agreement")
DO NOT USE THIS SOFTWARE
UNTIL YOU HAVE READ THIS LICENSE AGREEMENT. BY USING THIS SOFTWARE (OR AUTHORIZING
ANY OTHER PERSON TO DO SO), YOU AGREE TO BE BOUND BY THE TERMS OF THIS Agreement.
By clicking the "Yes" button viewable after the terms and conditions
of the Agreement below, you (on behalf of the Customer) consent to be bound
by this Agreement. By installing this software, you agree to this End User License
Agreement. If you do not accept all terms and conditions of this Agreement,
do not use the software.
1. Definitions.
1.1 "PUBLISHER" means WeddingGlobe.com, with offices at P.O. Box 100, Lansing, IL, 60438.
1.2 "Software" means any and all computer programs provided by PUBLISHER to you by means of electronic transfer or in an accompanying package, all documentation related thereto, all derivative works of the Software and documentation, in the format in which it is provided. "Software" also includes any add-ons, upgrades or modules provided by PUBLISHER for use with any given computer program, and without limiting the foregoing.
1.3 "Customer" means the licensee hereunder.
1.6 "You" and "Your" herein refer to the individual installing the Software or opening this package or, if the license to the PUBLISHER. This product has been obtained on behalf of another person, firm or entity, then "you" and "your" shall also apply to such other person, firm or entity.
2. License Grant.
2.1 License of Software. Subject to the terms and conditions hereof, PUBLISHER grants to you, a person or a single entity, a personal, non-exclusive, non-transferable and non-sub-licensable license and right to use the Software, including software programs, software components, and documentation related thereto, for the sole and limited purpose of viewing your organization's calenders. If you are an entity, the license granted hereunder to the Software by PUBLISHER is limited to one designated individual within your organization to have the sole right to use the Software in the manner provided above, and the restrictions on use described in Section 4 hereof shall apply with respect to such designated individual. PUBLISHER retains ownership of, and title to, the Software (including any copies, adaptations, modifications or derivative works you have made) and all copyrights and all other proprietary rights and interests related thereto. No license is granted to you to the human readable code of the Software (source code).
2.2 Maintenance and Upgrades. This Agreement is a license of the PUBLISHER Software only, and, except where expressly provided herein to the contrary PUBLISHER hereby expressly disclaims any obligation to provide maintenance, patches or fixes to the PUBLISHER Software. PUBLISHER may from time to time prepare and distribute modifications, enhancements, updates and new releases of PUBLISHER Software. PUBLISHER shall have no obligation to provide such modifications, enhancements, updates and new releases to the Customer hereunder, but may make such modifications, enhancements, updates and new releases of PUBLISHER Software available to the Customer on such terms and conditions as PUBLISHER may determine, acting in its sole discretion.
4. Restrictions on Your Use.
4.1 Copies and Adaptations.
You may install PUBLISHER Software on a network server, or take other measures
to permit the use of one copy of any PUBLISHER Software by more than one person,
firm or entity at one time. You may not copy or duplicate PUBLISHER Software
except for copies or adaptations wholly created as an essential step in the
utilization of PUBLISHER Software for normal and reasonable backup and archival
purposes. All of PUBLISHER's trademark, copyright and proprietary rights, notices
and legends must be reproduced and included on all copies and adaptations in
the form provided with the PUBLISHER Software. You also agree to provide a copy
of this Agreement with each and every copy of the Software that you make and
distribute, and if you fail to comply with this requirement, then you shall
indemnify and hold harmless PUBLISHER against any liabilities, damages, losses,
costs and expenses (including, without limitation, reasonable attorney's fees)
that PUBLISHER may suffer as a result of your breach of such requirement.
4.2 Notices and Legends. You shall not remove or obscure any notice or legend
included in the Software or affixed to its media or medium container.
4.3 Transfer Prohibited. Except as is expressly authorized in this Agreement, you shall not rent, lease, sub-license, distribute, transfer, copy, reproduce, display, transfer, modify or otherwise permit any party to use PUBLISHER Software. PUBLISHER reserves the right to transfer its rights and delegate its duties, liabilities or obligations to a third party without release of its rights hereunder or prior notice to you, and such assignment and delegation shall be deemed a release by you of PUBLISHER of all obligations hereunder.
4.4 Reverse Engineering. To the extent such restrictions are permitted under applicable law, Customer agrees not to (and further agrees not to attempt to grant to any other person, firm or entity the right to) modify, decompile, disassemble, trace the execution of or otherwise reverse engineer any PUBLISHER Software or any portion thereof. However, if you are a European Community ("EC") resident, information necessary to achieve interoperability of PUBLISHER Software with other programs within the meaning of the EC Directive on the Legal Protection of Computer Programs is available to you from PUBLISHER upon written request.
4.5 Export Restrictions. You agree that you will not export or re-export PUBLISHER Software or accompanying documentation (or any copies thereof) in violation of any applicable laws or regulations of the United States or the country in which you obtained them. The software covered by this Agreement may contain strong data encryption code which cannot be exported outside of the U.S. or Canada. You agree that you will not export/reexport, either physically or electronically, the encryption software or accompanying documentation without obtaining written authorization from the U.S. Department of Commerce.
4.6 U.S. Government Restricted Legend. PUBLISHER Software are commercial in nature and developed solely at private expense. PUBLISHER Software are delivered as "Commercial Computer Software" as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as defined in FAR 2.101(a) and as such is provided with only such rights as are provided in this Agreement, which is PUBLISHER's standard commercial license for PUBLISHER Software. Technical data is provided with limited rights only as provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June 1987), whichever is applicable.
4.7 Passwords, Registration Information and Software Keys. You may not disclose, use (except in connection with the exercise by you of your rights hereunder in accordance herewith) or share your password or product software key to any individual or group, and you agree that such restriction on disclosure shall remain in effect for a period of three years from the effective date hereof.
5. Term. This Agreement
is effective from the date you first use any of the PUBLISHER Software, and
shall remain in force until terminated. Notwithstanding the foregoing, certain
provisions hereof by their terms will survive the termination hereof. You may
terminate this Agreement at any time by destroying the Documentation, all PUBLISHER
Software, and all copies thereof, whether incorporated into Customer Products
or not.
This Agreement shall also automatically terminate if you breach any of the terms
or conditions hereof. In the event of termination, you agree to destroy all
PUBLISHER Software, passwords, or software keys, together with all copies, modifications
and merged portions in any form, and to make no further use of same. The termination
of this Agreement shall not relieve you of your obligations under this Agreement.
PUBLISHER's obligations shall terminate upon termination of this Agreement.
6. Limited Warranty.
6.1 DISCLAIMER OF WARRANTIES.
THE LIMITED WARRANTIES SET FORTH HEREIN SHALL NOT BE VALID IF (A) THE SOFTWARE
OR RUNTIME SOFTWARE HAS BEEN SUBJECT TO ABUSE, MISUSE, ACCIDENT, ALTERATION,
NEGLECT, UNAUTHORIZED REPAIR OR MODIFICATION; OR (B) THE SOFTWARE OR RUNTIME
SOFTWARE HAS BEEN EXPOSED TO CONDITIONS BEYOND PUBLISHER'S ENVIRONMENTAL POWER
OR OPERATING CONSTRAINTS. PUBLISHER MAKES NO WARRANTY, REPRESENTATION OR PROMISE
NOT EXPRESSLY SET FORTH IN THIS AGREEMENT.
PUBLISHER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO ALL IMPLIED WARRANTIES OF TITLE, AGAINST INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. PUBLISHER DOES NOT WARRANT THAT PUBLISHER
SOFTWARE OR DOCUMENTATION WILL SATISFY YOUR REQUIREMENTS OR THAT PUBLISHER SOFTWARE
AND DOCUMENTATION ARE WITHOUT DEFECT OR ERROR OR THAT OPERATION OF PUBLISHER
SOFTWARE WILL BE UNINTERRUPTED.
6.2 CONSUMER RIGHTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
7. Limitation of Liability.
PUBLISHER'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR
PUBLISHER SOFTWARE OR DOCUMENTATION IS LIMITED TO THE TOTAL OF ALL PAYMENTS
MADE BY OR FOR YOU FOR PUBLISHER SOFTWARE. PUBLISHER SHALL NOT BE LIABLE FOR
DAMAGES DUE TO PROGRAMMING ERRORS OR OMISSIONS. PUBLISHER SHALL NOT IN ANY CASE
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES,
OR OTHERWISE, EVEN IF PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
WITHOUT LIMITING THE FOREGOING, PUBLISHER IS NOT RESPONSIBLE FOR LOST PROFITS
OR REVENUES, LOSS OF USE OF PUBLISHER PRODUCTS, LOSS OF DATA, COSTS OF RECREATING
LOST DATA, OR THE COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM. PUBLISHER SHALL
NOT BE LIABLE FOR ANY COPYRIGHT OR PATENT INFRINGEMENT ARISING FROM SUCH APPLICATIONS.
YOUR SOLE AND EXCLUSIVE REMEDY IS SET FORTH HEREIN. SOME STATES DO NOT ALLOW
LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
8. General Conditions.
8.1 Entire Agreement. THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT BETWEEN YOU AND PUBLISHER AND MAY BE AMENDED ONLY IN WRITING SIGNED BY BOTH PARTIES. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED BY PUBLISHER TO MODIFY THIS AGREEMENT OR TO MAKE SUCH WARRANTY, REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE WARRANTIES, REPRESENTATIONS OR PROMISES IN THIS AGREEMENT.
8.2 Governing Law. The laws of the State of Illinois and the United States of America shall govern this Agreement.
8.3 Waiver. No waiver of any right under this Agreement shall be deemed effective unless contained in writing signed by a duly authorized representative of PUBLISHER, and no waiver of any past or present right from any breach or failure to perform shall be deemed to be a waiver of any future rights arising out of this Agreement.
8.4 Severability. If any provision of this Agreement is held invalid or unenforceable, that provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this Agreement shall remain unaffected.
8.5 Equitable Relief. The breach by Customer of the provisions hereof that license (and restrict such license) of PUBLISHER's intellectual property, protect confidential information and other proprietary information of PUBLISHER, or the breach by Customer of provisions that protect PUBLISHER's trademarks would constitute immediate and irreparable harm to PUBLISHER, and PUBLISHER would be entitled to specific performance or other appropriate equitable remedy in addition to other remedies at law.
8.6 Conflict Resolution. All disputes arising out of or in connection with this Agreement shall be solely and finally settled by arbitration, which shall be conducted in accordance with the Rules of the American Arbitration Association (the "Rules") in Lansing, Illinois, by three arbitrators selected in accordance with the Rules. Judgment on the award of the arbitrator may be entered in any court having jurisdiction over the party against which enforcement of the award is being sought.
8.7 Attorney's Fees. In the event the services of an attorney at law are necessary to enforce any of the terms of this Agreement, or to resolve any disputes arising under this Agreement, the prevailing party shall be entitled to recover its attorney's fees from the losing party as determined in the appropriate trial court, appellate court, or in connection with a Petition for Review.
8.8 Binding Agreement. This Agreement shall inure to the benefit of and be binding on PUBLISHER, the Customer and their heirs, legal representatives, successors and assigns.
Rev. 003