This EULA is a legal agreement between you (either an individual or a single entity) and SourceQuest, Inc. ("the Company") for the SourceUSB software products ("SourceUSB") and may include associated media, printed materials, updates, and on-line or electronic documentation (collectively "Licensed Software").
By installing, copying or using the Licensed Software you agree to be bound by this EULA. If you do not agree to the terms of this EULA, do not install, activate, or use this software.
The Licensed Software is protected by copyright and other intellectual property laws.
The Company owns the title, copyright, and other intellectual property rights in the Licensed Software. The Licensed Software is licensed to you (an individual or an organization) for use subject to the terms and conditions in this EULA.
The Licensed Software is licensed not sold.
Subject to the terms of this EULA, use the Software for evaluation purposes without charge for a period of thirty (30) days only ("Evaluation Period"). The Evaluation Period commences when you first download the Software, and expires exactly thirty (30) days later.
You may not use The Software after the Evaluation Period has expired without purchasing the licensed copy of the product from SourceQuest, Inc. For more information about payment fee and methods, please visit SourceQuest, Inc. website, www.sourcequest.com.
Using The Software after the Evaluation Period has expired is in violation of this EULA.
The Single User License entitles a single user to install and use on a single or multiple computers used by one individual.
The Licensed Software is provided to be used for unlimited period of time. The Licensed Software may only be used in accordance to their intended usage.
The Multiple User License entitles an organization to make the Licensed Software available to the number of users stipulated in the Agreement. The license holder may use the Licensed Software up to the Multiple User License limit. The number of users must not exceed the Multiple User License limit. Price discounts for volume.
The Licensed Software is provided to be used for unlimited period of time. The Licensed Software may only be used in accordance to their intended usage.
You may make backup and archival copies of the Software, provided your backup and archival copies are not installed or used by users who have not licensed to used the Software. It is further provided that all such copies shall bear the original and unmodified copyright, patent and other intellectual property markings that appear on or in the Software. You may not transfer the rights to a backup or archival copy.
You must not distribute any software you develop that incorporates the Licensed Software.
You must not distribute any files contained in this software.
You must not rent or lease the Licensed Software.
The Company may provide on-line support services related to the Licensed Software for a period of thirty (30) days after the date of purchase. Upon expiration of such 30-day period, support services are not required to be provided by this agreement.
Single-User and Multiple-User licensed users are entitled to free minor upgrades up until the next major release.
To the extent permitted by applicable law, the Licensed Software is provided as is with all faults and all implied or statutory warranties are excluded.
THE COMPANY MAKES AND YOU RECEIVE NO WARRANTIES ON THE SOFTWARE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION WITH YOU, AND THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU TO THE COMPANY FOR THE LICENSED SOFTWARE LICENSED BY YOU UNDER THIS EULA.
Either party may terminate this agreement immediately by written notice if the other party becomes subject to any form of insolvency administration. SourceQuest, Inc. may terminate this agreement immediately by written notice if you are in breach and such breach has not been remedied within 30 days of notification. Upon termination or expiry of this EULA for any reason, you agree to destroy all copies of the Licensed Software.
A party must not disclose the other party's confidential information without the prior written approval of the other party.
You acknowledges that the any Intellectual Property Rights are and shall remain the property of the Company. Nothing in this Agreement shall operate as an assignment of any Intellectual Property Right.
This EULA is the entire agreement between us and supersedes the terms of any purchase orders and any other communications or advertising with respect to the Software. If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect. This EULA may be modified only by written agreement signed by authorized representatives of you and the Company.
The laws of the United States of America and the State of California protect and govern this agreement. The Licensed Software and all rights, title and intellectual property remain with SourceQuest, Inc.
SourceQuest, Inc. reserves all rights not expressly granted in this agreement.