» version 2.10 - posted on 2005-02-13
Major update with a variety of new features
» version 2.10 - posted on
Major update with a variety of new features
EULA - End User License Agreement
Idea Tracker 2.10
END-USER LICENSE AGREEMENT FOR INTELLECTUS ENTERPRISES
IMPORTANT-READ CAREFULLY: This INTELLECTUS ENTERPRISES End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and INTELECTUS ENTERPRISES for the INTELECTUS ENTERPRISES software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, 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, you may not use the SOFTWARE PRODUCT
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:
a. Software Product. Intellectus Enterprises grants to you as an individual, a personal, non-exclusive and limited license to install and use copies of the SOFTWARE PRODUCT on computers.
b. Electronic Documents. Solely with respect to electronic documents included with the SOFTWARE PRODUCT and unless expressly prohibited by terms set forth in a particular book, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies are not republished or distributed to any third party. If there are other terms set forth in a particular book, such terms shall control in case of a conflict between those terms and the terms of this EULA.
2. COPYRIGHT. All rights, 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) and any copies of the SOFTWARE PRODUCT are owned by Intellectus Enterprises or its suppliers. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material, except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer, provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. 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 me be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you not rights to use such content.
3. TRADEMARKS. This EULA does not grant you any rights in connection with any trademarks or service marks of Intellectus Enterprises.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- 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.
- Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
- Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer 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), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
- Termination. Without prejudice to any other rights, Intellectus Enterprises 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.
- Support Services. Intellectus Enterprises may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Intellectus Enterprises policies and programs described in the user manual, in "online" documentation, and/or in other Intellectus Enterprises-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 Intellectus Enterprises as part of the Support Services, Intellectus Enterprises may use such information for its business purposes, including for product support and development. Intellectus Enterprises will not utilize such technical information in any manner that personally identifies you.
If you acquired this SOFTWARE PRODUCT in Canada, this EULA is governed by the laws of the Province of Alberta, Canada. In such case, each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Alberta and further agrees to commence any litigation which may arise hereunder in the courts located in the Province of Alberta.
If this SOFTWARE PRODUCT was acquired outside Canada, then local law may apply.
5. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Intellectus Enterprises and its suppliers provide the SOFTWARE PRODUCT and any (if any) support services related to the SOFTWARE PRODUCT ("Support Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTELLECTUS ENTERPRISES OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF INTELLECTUS ENTERPRISES OR ANY SUPPLIER, AND EVEN IF Intellectus Enterprises OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Intellectus Enterprises and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
8. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE PRODUCT) is the entire agreement between you and Intellectus Enterprises relating to the SOFTWARE PRODUCT and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE PRODUCT or any other subject matter covered by this EULA. To the extent the terms of any Intellectus Enterprises policies or programs for product support services conflict with the terms of this EULA, the terms of this EULA shall control.