Be sure to carefully read and understand all of the rights and restrictions described in the EULA. You will be asked to review and either accept or not accept the terms of the EULA. This product will not set up on your computer unless or until you accept the terms of the EULA. NOTE: The terms of a printed, paper EULA, which may accompany the SOFTWARE PRODUCT, supersede the terms of any on-screen EULA found within the SOFTWARE PRODUCT.
For your future reference, you may print the text of the EULA, or refer to a copy of the EULA that can be found in the EULA.txt file of this product. If you would like to print the EULA before proceeding, please exit set-up by pressing the "disagree" button and then print the EULA from the EULA.txt file. You may resume set-up at any time. Please see the bottom of the EULA for the Aveo Attune Software License.
You may also receive a copy of this EULA by contacting Paramagnus Developments Inc. via Internet (www.paramagnus-development.com), telephone (780-490-4646), fax (419-715-2227), email (info@paramagnus-development.com), or snail mail (4703-106A Ave, Edmonton, Alberta, T6A 1J3, Canada).
END USER LICENSE AGREEMENT FOR PARAMAGNUS SOFTWARE
IMPORTANT-READ CAREFULLY: This Paramagnus End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Paramagnus Developments Inc. for the Paramagnus software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Paramagnus. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
Applications Software. You may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, on a single computer, workstation, terminal, handheld PC, pager, "smart phone," or other digital electronic device ("COMPUTER"). The primary user of the COMPUTER on which the SOFTWARE PRODUCT is installed may make a second copy for his or her exclusive use on a portable computer.
Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to RUN the SOFTWARE PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on which the SOFTWARE PRODUCT is RUN from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different COMPUTERS.
License Pack. If this package is a Paramagnus License Pack, you may RUN additional copies of the computer software portion of the SOFTWARE PRODUCT up to the number of copies specified above as "Licensed Copies". You are also entitled to make a corresponding number of secondary copies for portable computer use as specified above.
Trial Version. If this package is a trial version, you may use the SOFTWARE PRODUCT for 30 days. After that time period has passed, your original settings will be implemented. To continue using the SOFTWARE PRODUCT, you must register it. Visit the Paramagnus web site for the most up to date information.
Reservation of Rights. All rights not expressly granted are reserved by Paramagnus.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Not for Resale Software. If the SOFTWARE PRODUCT is labeled "Not For Resale" or "NFR," then, notwithstanding other sections of this EULA, your use of the SOFTWARE PRODUCT is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.
Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Paramagnus.
Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
Application Sharing. You may not use any software with the SOFTWARE PRODUCT that may allow you to share the SOFTWARE PRODUCT between computers unless both computers possess a valid license.
Support Services. Paramagnus may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Paramagnus policies and programs described in the user manual, in "online" documentation, and/or in other Paramagnus-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Paramagnus as part of the Support Services, Paramagnus may use such information for its business purposes, including for product support and development. Paramagnus will not utilize such technical information in a form that personally identifies you.
Software Transfer. The initial licensee of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE PRODUCT.
Termination. Without prejudice to any other rights, Paramagnus may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Paramagnus as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one COMPUTER.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Paramagnus or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single COMPUTER. You may not RUN the other medium on another COMPUTER. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6.BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by Paramagnus solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.
7. EXPORT RESTRICTIONS. This SOFTWARE PRODUCT has been classified by the US Government as exportable under License Exception TSU. Therefore the following terms apply : You agree that you will not export or re-export the SOFTWARE PRODUCT, any part thereof, or any process or service that is the direct product of the SOFTWARE PRODUCT (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
MISCELLANEOUS
If you acquired this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of Washington.
If you acquired this SOFTWARE PRODUCT in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this SOFTWARE PRODUCT was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact Paramagnus for any reason, please contact Paramagnus using one of the methods described at the beginning of this EULA.
LIMITED WARRANTY
LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED OUTSIDE THE US AND CANADA. FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED MATERIALS.
LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE US AND CANADA. Paramagnus warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Paramagnus shall be substantially as described in applicable written materials provided to you by Paramagnus, and Paramagnus support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.
CUSTOMER REMEDIES. Paramagnus's and its suppliers' entire liability and your exclusive remedy shall be, at Paramagnus's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Paramagnus's Limited Warranty and which is returned to Paramagnus with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Paramagnus are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PARAMAGNUS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARAMAGNUS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF PARAMAGNUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using this software program (the "Software") you agree to be bound by all the terms and conditions of this license agreement. This license is effective until terminated. If you do not accept or agree to these terms you may terminate the license at any time by removing the Software from the memory of the computer on which the Software has been installed. This license will be terminated immediately and without notice in the event that you fail to comply with any term or condition hereof.
Aveo Inc. ("Aveo") grants you ("Licensee") a non-exclusive license to use the Software with a single computer at a single location. This license is not a sale of the Software or any copy thereof. Aveo retains title and ownership of the Software and all copies, regardless of the form or media on or in which the original or any copy may exist. Aveo retains all rights to the Software and accompanying documentation (the "Documentation") not specifically granted to Licensee. The Software and the Documentation are copyrighted. Licensee may not copy, or encourage or allow copying of, the Software or Documentation.
By accepting this Agreement, you understand and accept that the Software is designed to automatically download updates to the Software when you are connected to the Internet, and will establish the legitimate source of the Software with the Attune Server. This automatic updating will occur in the background while you are connected. It can be disabled, at your discretion, although the default configuration is to allow updates. If you want to disable this feature, right-click on the Attune system application tray icon and choose "Disable Attune." This icon is typically found on the right-hand side or bottom of the start menu taskbar.
You may not modify, reverse-engineer, decompile, create other works from, or disassemble the software. Similarly, you may not copy, modify, adapt or create other works based upon the Documentation. You may not transfer, convey, rent, sublicense or otherwise distribute the Software or Documentation, or any rights therein to any person or entity. Any attempt to distribute the Software or Documentation shall be void.
THIS SOFTWARE IS LICENSED "AS IS." AVEO MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE. AVEO DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE, AND ITS INTERACTION WITH OTHER EQUIPMENT OR SOFTWARE OWNED OR USED BY YOU, IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME STATES. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL AVEO, AND ITS DIRECTORS, OFFICERS OR AGENTS (COLLECTIVELY AVEO) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR THE INABILITY TO USE THE SOFTWARE EVEN IF AVEO INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Aveo's liability to you for actual damages from any cause whatsoever, and regardless of the form of action (whether in contract, tort (including negligence), product liability or otherwise), will be limited to $50.
