Eluent Tools distribution permissions and end-user license agreement
Eluent Software End-User License Agreement
NOTICE TO USERS: Carefully read the following End-User License
Agreement ("EULA"). This EULA is a legal agreement between you
and Eluent Software, L.L.C. concerning the Eluent Tools software
product (the "SOFTWARE"). Use of the SOFTWARE constitutes your
acceptance of these terms. If you do not agree to the terms of
this EULA, do not install and/or use the SOFTWARE. User`s use of
the SOFTWARE is conditioned upon compliance by user with the
terms of this EULA. Unless otherwise specified, the "SOFTWARE"
refers to both the "Trial Version" and the "Registered Version"
of the SOFTWARE.
1. LICENSE GRANT. Eluent Software, L.L.C. grants you a license
to use one copy of the "Registered Version" of the SOFTWARE on
any one hardware product 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 "Registered Version"
of the SOFTWARE. Each single-user license purchased converts
one copy of the "Trial Version" of the SOFTWARE into the
"Registered Version". A multi-user license purchased for N users
converts N copies of the "Trial Version" of the SOFTWARE into the
"Registered Version". If the SOFTWARE is stored or installed on a
network server or other storage device, you must have a license for
each computer that uses the SOFTWARE from that device.
A special exception to the previous paragraph may apply to the
individual who has purchased a single-user license. Provided that
individual is the sole user of the SOFTWARE, he may install the
SOFTWARE and use it himself on multiple computers. However, if
multiple people are to use the SOFTWARE on multiple computers,
a multi-user license must be purchased for the appropriate number
of users, as described in the previous paragraph.
The "Trial Version" of the SOFTWARE is licensed to you for evaluation
purposes for a period of not more than 30 days, after which, you must
purchase as many licenses as are necessary to convert each copy of the
"Trial Version" that you are using into the "Registered Version", or
you must remove the SOFTWARE from your computer(s). Continued use of
the "Trial Version" of the SOFTWARE following this evaluation period
is in violation of U.S. and international copyright laws.
You may not modify the SOFTWARE or disable any licensing or control
features of the SOFTWARE, except that you may enter the
"Registration Code" provided to you by Eluent Software upon receipt
of your license fee to convert the "Trial Version" into the
"Registered Version" of the SOFTWARE.
2. OWNERSHIP. The SOFTWARE is owned and copyrighted by Eluent Software,
L.L.C. This EULA confers no title or ownership in the SOFTWARE and
should not be construed as a sale of any right in the SOFTWARE. The
SOFTWARE is protected by United States copyright law and international
treaty provisions. 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 Eluent Software, L.L.C. and you will not acquire
any rights to the SOFTWARE except as expressly set forth in this EULA.
3. OTHER RESTRICTIONS. You may not use, copy, rent, lease, lend, sell,
modify, decompile, disassemble, otherwise reverse engineer, or transfer
the SOFTWARE except as provided in this EULA. The initial licensee of
the SOFTWARE may transfer this EULA and the "Registered Version" of the
SOFTWARE on a one-time, permanent basis directly to an end-user,
provided he retains no copies, and the recipient agrees to the terms
of this EULA. A multi-user license for the "Registered Version" of the
SOFTWARE constitutes an indivisible license, which cannot be divided
into "individual licenses" for the purpose of transfer or any other
4. DISTRIBUTION. The "Trial Version" of the SOFTWARE is delivered in a
single package typically called ELTOOLS.ZIP. You may make as many
copies of this package as you want and distribute the UNMODIFIED copies
to anyone, through electronic means such as the Internet, online
services, and BBS`s, or by inclusion on removable media such as CDROM
or floppy disk. You must not represent that you are selling the SOFTWARE
or collecting license fees for the SOFTWARE. In no case may the
"Trial Version" of the SOFTWARE be bundled with hardware or
non-shareware software without written permission from Eluent Software,
L.L.C., PO Box 77755, Baton Rouge, LA 70879-7755.
Permission to distribute the "Trial Version" of the SOFTWARE is not
transferable, assignable, saleable, or franchisable. Each entity
wishing to distribute the "Trial Version" of the SOFTWARE must
independently satisfy the terms of the distribution license.
Distribution of the "Registered Version" of the SOFTWARE is
forbidden. Distribution of "Registration Codes" is forbidden.
5. SEPARATION OF COMPONENTS. The SOFTWARE is licensed as a single
product, and this EULA applies to the product as a whole. The file
ELGREP.EXE is included in the SOFTWARE under terms of the GNU General
Public License, v. 2. The files ELPERL.EXE and PERL56.DLL are included
in the SOFTWARE under terms of the Perl Artistic License. These
licenses apply to these three files and these files alone ("FREE
COMPONENTS"), and you may distribute the FREE COMPONENTS separately
from the SOFTWARE under the terms of their respective licenses.
Other files included in the SOFTWARE may not be distributed separately
from the SOFTWARE. Section (4) of this EULA defines the distribution
rights for the SOFTWARE. Any rights granted to you for the FREE
COMPONENTS by their licenses confer no additional rights to the
6. U.S. GOVERNMENT RIGHTS. The SOFTWARE is deemed to be "commercial
computer software" and "commercial computer software documentation"
pursuant to DFAR Section 227.7202 and FAR 12.212, as applicable. Any
use, modification, reproduction, release, performance, display or
disclosure of the SOFTWARE by the U.S. Government or any of its
agencies shall be governed solely by the terms of this EULA and shall
be prohibited except to the extent expressly permitted by the terms
of this EULA.
7. LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS.
ELUENT SOFTWARE, L.L.C. DISCLAIMS ALL WARRANTIES RELATING TO THIS
SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. NEITHER ELUENT NOR ANYONE ELSE WHO HAS BEEN
INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE
SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF
ELUENT 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. 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
8. LIABILITY STATEMENT. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO
EVENT SHALL ELUENT SOFTWARE, L.L.C. 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 ELUENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL ELUENT`S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT,
TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY
YOU, IF ANY.
9. SEVERABILITY. In the event of invalidity of any provision of this
license, the parties agree that such invalidity shall not affect the
validity of the remaining portions of this license.
10. GOVERNING LAW. This agreement shall be governed by the laws of the
State of Louisiana excluding the application of its conflicts of law
rules and shall inure to the benefit of Eluent and any successors,
administrators, heirs and assigns. Any action or proceeding brought
by either party against the other arising out of or related to this
agreement shall be brought only in a STATE or FEDERAL COURT of
competent jurisdiction located in East Baton Rouge Parish, Louisiana.
The parties hereby consent to in personam jurisdiction of said courts.
This agreement will not be governed by the United Nations Convention
on Contracts for the International Sale of Goods, the application of
which is expressly excluded.
11. ENTIRE AGREEMENT. This is the entire agreement between you and
Eluent which supersedes any prior agreement or understanding, whether
written or oral, relating to the subject matter of this license.
12. RESERVED RIGHTS. All rights not expressly granted here are reserved
Please see the EULA.