Instant Replicator distribution permissions and end-user license agreement
IMPORTANT: YOU SHOULD CAREFULLY READ THIS LEGAL AGREEMENT BEFORE INSTALLING THIS PACKAGE. BY INSTALLING IREP YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE THAT YOU WILL BE LEGALLY BOUND BY THEM. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT CONTINUE TO INSTALL THIS SOFTWARE.
IREP LICENSE TERMS
EXARE Inc ("Developer") grants you ("Customer") a license to use IRep and it`s documentation ("IRep"), subject to the separate, applicable provisions below.
For purposes of the provisions contained below, the term "Customer" shall also apply to Non-Profit Customers as defined below, unless expressly stated otherwise.
I. LICENSE FOR IREP
Customer who acquired a license for IRep is granted a nonexclusive license to use IRep on a single computer only.
If a Customer has several computers, Customer shall purchase additional IRep licenses for each computer that Customer installs IRep on. However, Customer is allowed to synchronize data with a remote computer (using a network drive) without obtaining a license for that computer.
Customer shall not use IRep for commercial timesharing. Customer shall not rent IRep license to other parties.
LICENSE ACTIVATION: Customer hereby agrees to activation process for IRep in which manual entry of activation code is required. Customer also agrees that IRep activation process may be used to enforce provision of this Agreement that allows use of one IRep license only on one computer.
IREP USERS MANAGEMENT SYSTEM: Personal data of customers that purchase IRep is stored in Users Management System (PUMS). Only the data that customers or their agents enter into the IRep purchase web page is stored in the database.
Customer hereby allows Developer to store this data on Developer`s server. This data shall be used for purchase tracking, reactivation of IRep licenses, refund and chargeback tracking and other customer service purposes.
IRep application on customer`s computer may access PUMS by Internet during activation process, one time per software installation.
Customer allows Developer to send infrequent product update newsletters and promotional offers to e-mail and postal addresses stored in PUMS.
REFUNDS: Developer will refund the full amount paid for IRep license if:
- The refund request is received by Developer within 30 days of the date of purchase of IRep by Customer, and
- Customer provides Proof of Purchase, which is the original e-mail receipt for IRep Pro, and
- Developer is able to locate Customer in the Users Database (PUMS) using the data provided by Customer.
II. GENERAL PROVISIONS FOR IREP
Customer shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from IRep.
Customer shall not cause or permit reverse engineering, disassembly, or decompilation of IRep.
COPYRIGHT/OWNERSHIP OF PROGRAM: IRep is the proprietary product of Developer and its licensors and it is protected by copyright, trade secret and other intellectual property laws.
Customer acquires only the right to use IRep and does not acquire any rights, express or implied, in IRep or media containing IRep other than those specified in this License.
Developer, or its licensor, shall at all times retain all rights, title, interest, including intellectual property rights, in IRep and media.
TRANSMISSION OF DATA IN AUTOUPDATE: At user discretion IRep may automatically check Developer`s server for its new version and security patches approximately once a week. If it finds a version that is newer than the version that is currently installed, IRep will suggest that customer upgrades. The checking of new version is limited to the following technical data to be transmitted to IRep developer server: current IRep version on the user`s machine and a randomly generated 128-bit session ID. Customer hereby allows such transmissions to occur.
NO WARRANTIES OF ANY KIND: IREP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IREP DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN IREP WILL MEET YOUR REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED BY YOU OR THAT THE OPERATION OF IREP WILL BE UNINTERRUPTED OR ERROR FREE OR THAT IREP ERRORS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF IREP IS WITH YOU.
LIMITATION OF LIABILITY: NEITHER IREP DEVELOPER NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY IREP INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA, INCURRED BY CUSTOMER OR ANY THIRD PARTY, EVEN IF IREP DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION: This License is effective until terminated. You may terminate this Agreement at any time by uninstalling IRep and deleting all its files. This License will terminate immediately without notice from IRep developer if you fail to comply with any provision of this License. Upon termination or expiration of this License you must uninstall IRep and delete all its files.
EXPORT LAW ASSURANCE: Customer shall comply fully with all laws and regulations of the United States and other countries (Export Laws) to assure that neither IRep, nor any direct products thereof are Exported, directly or indirectly, in violation of Export Laws, or are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. If IRep have been rightfully obtained by you outside of the United States, you agree that you will not re-export IRep nor any other technical data received, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained IRep.
JURISDICTION AND DISPUTES: This Agreement shall be governed by the laws of California. All disputes hereunder shall be resolved in the applicable state or federal courts of California. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available. In any litigation arising out of this Agreement or related to use or function of IRep, IRep developer shall be entitled to all legal costs and attorney`s fees incurred in mediation, arbitration, suit and on appeal.
SEVERABILITY: If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.
COMPLETE AGREEMENT: This License constitutes the entire agreement between the parties with respect to the use of IRep and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of IRep developer.
IREP WEB SITE: IRep web site does not use cookies to track users. However, IRep affiliates and advertisers may use cookies that allow Developer to track who referred a customer to our web sites.
CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
IREP LICENSE TERMS
EXARE Inc ("Developer") grants you ("Customer") a license to use IRep and it`s documentation ("IRep"), subject to the separate, applicable provisions below.
For purposes of the provisions contained below, the term "Customer" shall also apply to Non-Profit Customers as defined below, unless expressly stated otherwise.
I. LICENSE FOR IREP
Customer who acquired a license for IRep is granted a nonexclusive license to use IRep on a single computer only.
If a Customer has several computers, Customer shall purchase additional IRep licenses for each computer that Customer installs IRep on. However, Customer is allowed to synchronize data with a remote computer (using a network drive) without obtaining a license for that computer.
Customer shall not use IRep for commercial timesharing. Customer shall not rent IRep license to other parties.
LICENSE ACTIVATION: Customer hereby agrees to activation process for IRep in which manual entry of activation code is required. Customer also agrees that IRep activation process may be used to enforce provision of this Agreement that allows use of one IRep license only on one computer.
IREP USERS MANAGEMENT SYSTEM: Personal data of customers that purchase IRep is stored in Users Management System (PUMS). Only the data that customers or their agents enter into the IRep purchase web page is stored in the database.
Customer hereby allows Developer to store this data on Developer`s server. This data shall be used for purchase tracking, reactivation of IRep licenses, refund and chargeback tracking and other customer service purposes.
IRep application on customer`s computer may access PUMS by Internet during activation process, one time per software installation.
Customer allows Developer to send infrequent product update newsletters and promotional offers to e-mail and postal addresses stored in PUMS.
REFUNDS: Developer will refund the full amount paid for IRep license if:
- The refund request is received by Developer within 30 days of the date of purchase of IRep by Customer, and
- Customer provides Proof of Purchase, which is the original e-mail receipt for IRep Pro, and
- Developer is able to locate Customer in the Users Database (PUMS) using the data provided by Customer.
II. GENERAL PROVISIONS FOR IREP
Customer shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from IRep.
Customer shall not cause or permit reverse engineering, disassembly, or decompilation of IRep.
COPYRIGHT/OWNERSHIP OF PROGRAM: IRep is the proprietary product of Developer and its licensors and it is protected by copyright, trade secret and other intellectual property laws.
Customer acquires only the right to use IRep and does not acquire any rights, express or implied, in IRep or media containing IRep other than those specified in this License.
Developer, or its licensor, shall at all times retain all rights, title, interest, including intellectual property rights, in IRep and media.
TRANSMISSION OF DATA IN AUTOUPDATE: At user discretion IRep may automatically check Developer`s server for its new version and security patches approximately once a week. If it finds a version that is newer than the version that is currently installed, IRep will suggest that customer upgrades. The checking of new version is limited to the following technical data to be transmitted to IRep developer server: current IRep version on the user`s machine and a randomly generated 128-bit session ID. Customer hereby allows such transmissions to occur.
NO WARRANTIES OF ANY KIND: IREP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IREP DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN IREP WILL MEET YOUR REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED BY YOU OR THAT THE OPERATION OF IREP WILL BE UNINTERRUPTED OR ERROR FREE OR THAT IREP ERRORS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF IREP IS WITH YOU.
LIMITATION OF LIABILITY: NEITHER IREP DEVELOPER NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY IREP INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA, INCURRED BY CUSTOMER OR ANY THIRD PARTY, EVEN IF IREP DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION: This License is effective until terminated. You may terminate this Agreement at any time by uninstalling IRep and deleting all its files. This License will terminate immediately without notice from IRep developer if you fail to comply with any provision of this License. Upon termination or expiration of this License you must uninstall IRep and delete all its files.
EXPORT LAW ASSURANCE: Customer shall comply fully with all laws and regulations of the United States and other countries (Export Laws) to assure that neither IRep, nor any direct products thereof are Exported, directly or indirectly, in violation of Export Laws, or are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. If IRep have been rightfully obtained by you outside of the United States, you agree that you will not re-export IRep nor any other technical data received, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained IRep.
JURISDICTION AND DISPUTES: This Agreement shall be governed by the laws of California. All disputes hereunder shall be resolved in the applicable state or federal courts of California. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available. In any litigation arising out of this Agreement or related to use or function of IRep, IRep developer shall be entitled to all legal costs and attorney`s fees incurred in mediation, arbitration, suit and on appeal.
SEVERABILITY: If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.
COMPLETE AGREEMENT: This License constitutes the entire agreement between the parties with respect to the use of IRep and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of IRep developer.
IREP WEB SITE: IRep web site does not use cookies to track users. However, IRep affiliates and advertisers may use cookies that allow Developer to track who referred a customer to our web sites.
CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
