» version 1.2 - posted on 2010-04-27
END-USER LICENSE AGREEMENT FOR INTELLEXER CATEGORIZER
EFFECTIVESOFT, LTD. LICENSES THIS DESKTOP SOFTWARE PRODUCT TO YOU, SUBJECT TO THE TERMS CONTAINED IN THIS END-USER LICENSE AGREEMENT ("EULA"). READ THE TERMS OF THIS EULA CAREFULLY. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
NOTICE TO CUSTOMER
This EULA is a contract between you (either an individual or an entity) and EffectiveSoft, Ltd. ("EffectiveSoft"), which governs your use of the EffectiveSoft software product that accompanies this EULA and related software components, which may include associated media, printed materials, and online or electronic documentation. This EffectiveSoft software product is designed for installation and use on a personal computer only. You may not install or use this EffectiveSoft software product on a server.
Intellexer Categorizer is a Desktop software product. This software package also includes additional modules ("Additional Modules") that may be used in conjunction with the Intellexer Categorizer, subject to the acceptance of any applicable additional license terms. The Intellexer Categorizer enables the user to distribute documents over categories by using the document content analysis. In this EULA, the Intellexer Categorizer, associated media, printed materials, online or electronic documentation and the Additional Modules are collectively referred to as the "Software".
LICENSE AND LICENSE LIMITATIONS
Subject to the terms and limitations of this EULA, EffectiveSoft hereby grants you a nonexclusive, nontransferable rights, without rights to sublicense, to (i) use the Software (in object code form only) solely for your own internal information processing services and computing needs; (ii) use the documentation accompanying the Software in connection with permitted uses of the Software. Subject to the above, each copy of the Software may not be used by any other person, whether or not such person is employed by or otherwise associated with your entity.
You may not copy the Software except for a reasonable number of machine-readable copies of the Software for backup or archival purposes and except as expressly permitted in the License section above. You may not share or use concurrently the Software. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Software. You are not granted any rights to any trademarks or service marks of EffectiveSoft. EffectiveSoft retains all rights not expressly granted to you.
PROPRIETARY RIGHTS RESERVED BY EFFECTIVESOFT
EffectiveSoft retains all right, title, and interest in and to the Software and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights.
You may not (i) sell, lease, license, sublicense, distribute or otherwise transfer in whole or in part the Software to another party; (ii) provide, disclose, divulge or make available to, or permit use of the Software in whole or in part by any third party; (iii) create derivative works based upon the Software; (iv) integrate or use the Software with any other software, or (v) use the Software to provide network, application hosting or other services to third parties, or otherwise use the Software on a service bureau or hosting basis for your customers. Except to the extent expressly permitted by applicable law, and to the extent that EffectiveSoft is not permitted by that applicable law to exclude or limit the following rights, you may not decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part. Please, contact EffectiveSoft for more information.
EffectiveSoft may terminate this EULA if you fail to comply with any term of this EULA. In the event of termination, you must cease all use of the Software and destroy all copies of the Software. In addition you must remove all copies of the Software from the personal computer(s) on which it is installed.
The Software is being provided to you on an "AS IS" basis, without any technical support, and EffectiveSoft makes no warranty of any kind regarding its use or performance. EFFECTIVESOFT DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EFFECTIVESOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EFFECTIVESOFT BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
EFFECTIVESOFT'S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU TO EFFECTIVESOFT FOR THE SOFTWARE LICENSED BY YOU UNDER THIS EULA.
THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER EFFECTIVESOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
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 EffectiveSoft.
Copyright 2006-2010 EffectiveSoft Ltd. All rights reserved.
Intellexer Categorizer and the Intellexer Categorizer logo are registered trademarks of EffectiveSoft Ltd.
If you have any questions about this EULA, or if you want to contact EffectiveSoft for any reason, please direct all correspondence to:
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