A-Number CRM 2

EULA - End User License Agreement

ELECTRONIC END USER LICENSE AGREEMENT FOR A-NUMBER CRM version 2 NOTICE TO USER: PLEASE READ THE FOLLOWING LICENSE AGREEMENT. IT WILL BE NECESSARY FOR YOU TO AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BEFORE BEING PERMITTED TO CONTINUE TO INSTALL THE PRODUCT. THE PROCEDURE FOR ACCEPTING OR REJECTING THE LICENSE AGREEMENT IS SET OUT AFTER THE LICENSE AGREEMENT. This A-NUMBER Software ("A-NUMBER") End User License Agreement accompanies the A-NUMBER CRM product and related explanatory materials ("SOFTWARE"). The term "SOFTWARE" also shall include any upgrades, modified versions or updates of the Software licensed to you by A-NUMBER. By installing and/or using the enclosed, attached, or about-to-be-installed SOFTWARE you are agreeing to be bound by the terms of this End User License Agreement. You assume responsibility for the selection of the SOFTWARE to achieve your intended results, and for the installation, use and result obtained from the SOFTWARE. Do not use the SOFTWARE in any case where significant damage or injury to persons, property or business may happen if an error occurs. If you do not agree to the terms of this End User License Agreement, promptly stop the installation process, cease to use SOFTWARE, and erase this SOFTWARE and all of its associated files from your system. 1. LICENSE GRANT. A-NUMBER grants to you a nonexclusive license to use one copy of the version of this SOFTWARE on one personal computer or other device located within your home or office for as many licenses as you purchase. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. If you install the SOFTWARE onto a multi-user platform or network, each and every individual user of the SOFTWARE must be licensed separately or be covered by a site license. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. When you first obtain a copy of the SOFTWARE, you are granted an evaluation period of not more than 30 days, after which time you must pay for the SOFTWARE according to the terms and prices discussed in the SOFTWARE's documentation, or you must remove the SOFTWARE from your computer. This license is not transferable to any other hardware product or other company, entity, or individual. You are expected to use the SOFTWARE on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction. Any use of the SOFTWARE which is illegal under international or local law is forbidden by this licence. 2. RESERVATION OF RIGHTS AND OWNERSHIP. A-NUMBER Software reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. A-NUMBER Software or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is Licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of A-NUMBER Software. 3. COPYRIGHT. The SOFTWARE is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of A-NUMBER and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree to respect and not to remove or conceal from view any copyright, trademark or confidentiality notices appearing on the SOFTWARE, and to reproduce any such copyright, trademark or confidentiality notices on all copies of the SOFTWARE or any portion thereof made by you as permitted hereunder and on all portions contained in or merged into other computer software products and documentation. 4. RESTRICTIONS. You agree that you will not attempt to modify, adapt, translate, reverse engineer, decompile, clone, disassemble the SOFTWARE in whole or in part, or otherwise attempt to discover the source code of the SOFTWARE (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions). You may not alter or modify the installer program or create a new installer for the SOFTWARE. You may not sublicense, rent, lease, resell for profit or otherwise dispose of the SOFTWARE without our written permission. You may not grant a security interest in, or otherwise transfer rights to the SOFTWARE. You may not remove any proprietary notices or labels on the SOFTWARE. 5. DISCLAIMER OF WARRANTY. THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED ON AN "AS IS" BASIS AND YOU ASSUME FULL RESPONSIBILITY FOR DETERMINING THE SUITABILITY OF THE PROGRAM AND FOR RESULTS OBTAINED. A-NUMBER DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FREE OF DEFECTS, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER A-NUMBER NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATIONS, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, DATA LOSS, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF A-NUMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU AND NOT A-NUMBER OR ITS SUPPLIERS ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION. IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO A-NUMBER CRM. 6. SEVERABILITY. Any term or provision of this Agreement held to be illegal or unenforceable shall, if possible, be interpreted so as to be construed as valid, but in any event the validity or enforceability of the remainder hereof shall not be affected. 7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL A-NUMBER OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF A-NUMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL A-NUMBER' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY. A-NUMBER SHALL HAVE NO OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF INFRINGEMENT BASED UPON YOUR USE OF THE SOFTWARE IN COMBINATION, OPERATION OR OTHERWISE WITH THE DATA OR MATERIALS NOT SUPPLIED BY A-NUMBER. 8. TERMINATION. This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the SOFTWARE and documentation. 9. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and A-NUMBER relating to the Software 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 or any other subject matter covered by this EULA. To the extent the terms of any A-NUMBER policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. 10. RESERVED RIGHTS. All rights not expressly granted here are reserved to A-NUMBER and/or the respective authors (listed either in the documentation or within the SOFTWARE). A-NUMBER reserves the right to make exceptions to any of these conditions, or alter these conditions, at any time. However, you may always use these conditions instead of any altered version if you prefer (note that this licence explicitly applies only to one version of the program; therefore, if A-NUMBER makes new conditions in connection with a future version, you do not then have the right to apply these conditions to that version instead).