Resource Optimizer distribution permissions and end-user license agreement
END-USER LICENSE AGREEMENT FOR RESOURCE OPTIMIZER
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you, an individual, corporate entity, or organization, and Impulse Solutions concerning the access to and use of any and all Impulse Solutions original material which includes, but is not limited to, web and application software, video, audio, and graphical media, printed materials, site or application presentation and navigation, and all "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using this SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, run or otherwise use this SOFTWARE.
1. SOFTWARE LICENSE: This SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE is licensed, not sold.
2. GRANT OF LICENSE. This EULA grants you the following rights:
Application Use. You may install, access, or otherwise use, as appropriate, one copy of this SOFTWARE or any prior version of this SOFTWARE for the same operating system on a single computer. The primary user of the computer on which this SOFTWARE is installed may make a second copy for exclusive use on a portable computer.
Network Use. You may store or install a copy of this SOFTWARE on a storage device, such as a network or web server, to be used exclusively for the purpose of installing or running this SOFTWARE on other computers over an internal network, subject to the requirement that you must acquire a license for each separate computer onto which this SOFTWARE is installed or run from that storage device. A license for this SOFTWARE may not be shared or used concurrently on different computers.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Not for Resale. This SOFTWARE is "Not for Resale" or "NFR." Notwithstanding other sections of this EULA, you may not resell, or otherwise transfer this SOFTWARE for value.
Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble this SOFTWARE or otherwise reduce this SOFTWARE to human readable form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components. This SOFTWARE is licensed as a single product, unless as specified on individual components. Component parts may not be separated for use on more than one computer.
Rental. You may not rent, lease, or lend this SOFTWARE.
Support Services. Impulse Solutions may, but is not obligated to provide you with support services related to this SOFTWARE ("Support Services"). Use of Support Services is governed by the Impulse Solutions polices and programs described in the user manual, in "online" documentation, and/or in other Impulse Solutions copyrighted materials. Any supplemental software, documentation, or other original material provided to you as part of the Support Services shall be considered part of this SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to Impulse Solutions as part of the Support Services, Impulse Solutions may use such information for its business purposes, including for product support and development. Impulse Solutions will not utilize such technical information in a form that personally identifies you.
Software Transfer. You may permanently transfer all of your rights under this EULA, provided that you retain no copies, that you transfer all of this SOFTWARE including all component parts, media and printed materials, upgrades, this EULA, and, any applicable Certificates of Authenticity, and the recipient agrees to the terms of this EULA. If this SOFTWARE is an upgrade, any transfer must include all prior versions of this SOFTWARE.
Termination. Without prejudice to any other rights, Impulse Solutions may terminate this EULA if you fail to comply with any of the terms and conditions of this EULA. In such event, you must destroy all copies of this SOFTWARE and all of its component parts.
4. UPGRADES. If this SOFTWARE is an upgrade, you must be properly licensed to use a product identified by Impulse Solutions as being eligible for the upgrade in order to use the upgrade. Any component of this SOFTWARE labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If this SOFTWARE is an upgrade of a component to a package of software programs that you licensed as a single product, this SOFTWARE may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
5. COPYRIGHT. All title and copyrights in and to this SOFTWARE, including but not limited to any images, photographs, animations, video, audio, music, text, and controls, scripts, or applets incorporated into this SOFTWARE, accompanying printed materials, and any copies of this SOFTWARE are owned by Impulse Solutions or its licensed partners. This SOFTWARE is protected by copyright laws and international treaty provisions. You must treat this SOFTWARE with the same degree of care and concern as any other copyrighted material, with the exception that you may install this SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying this SOFTWARE.
6. MULTIPLE-MEDIA SOFTWARE. You may receive this SOFTWARE in a number of distinct media. Regardless of the type of medium or size of the material encoded or recorded on that medium, you may use only one medium, as you deem most appropriate for your single computer. You may not use or install the other media on the same or any another computer. You may not loan, rent, lease, or otherwise transfer the other media to another user, except as part of the permanent transfer (as provided above) of this SOFTWARE.
7. DISCLAIMER OF WARRANTY
Although reasonable efforts are made to ensure that the software provided will operate as intended on your computer by testing the software on numerous test machines with different browsers and operating environments, Impulse Solutions has no control over your computer or how the software will perform on your particular machine. Therefore, use of the Impulse Solutions software is at your sole risk. The software is provided as is and without warranties of any kind, either implied, expressed, or statutory, including and without limitation to any verbal warranties, merchantability, fitness for a particular use or application, accuracy of application or content, ability to operate or integrate into any particular system or environment, non-infringement, title or custom.
8. LIMITATION OF LIABILITY.
You acknowledge and agree that under no circumstances will the Impulse Solutions, officers, directors, employees’ parents, subsidiaries, agents, affiliates, contractors, distributors, third party vendors, or any other party associated with or working with Impulse Solutions, collectively known as the "protected parties", be liable to you or any third party for any and all direct, incidental, special, punitive, indirect, consequential, or exemplary damages or other relief arising out of or related to this agreement or to your use of or inability to use the software or any unwanted or adverse effect of the software, without limitation. The protected parties will under no circumstances be liable for lost profits, lost business or lost opportunity, lost goodwill, or other tangible and intangible losses regardless of the legal theory on which any claim is brought even if the company has been advised of the probability of such damages or if such damage could have been reasonably foreseen.
Some jurisdictions do not allow the exclusion or limitation of incidental and consequential damages in which case the liability will be limited to the minimal extent permitted by law taking into consideration the express warnings and disclaimers in this agreement and that the user of the software has an obligation to minimize any damages on his or her own, having been warned by virtue of the notices in this agreement.
9. HIGH RISK ACTIVITIES
The software has not been designed, tested or verified for use on equipment involved in high risk activities or in mission critical applications which require extreme fault tolerance. Therefore, the software must not be used on any computers that perform or communicate with computers which are involved in applications such as, nuclear facilities, life support equipment, aircraft navigation, hazardous environment controlling equipment, communication systems, weapon systems, or any other usage or environment where human life or property may be at stake. Failure of this software on computers which are utilized in these and other critical systems could lead to death, personal injury, or sever property damage or environmental damage for which the "protected parties", as defined elsewhere in this agreement, are not responsible.
10. SEVERABILITY; NO GENERAL WAIVER
In the event that any one or more of the provisions contained herein or in any instrument referred to herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, then to the maximum extent permitted by law, such provision or provisions shall be judicially reformed consistent with Impulse Solutions’ intentions so as to be valid, legal and enforceable, and such invalidity, illegality or unenforceability shall not affect any other provision of this agreement or such other instrument contained herein. The failure of Impulse Solutions to exercise or enforce any right or provision of this software license or any provisions under this agreement shall not constitute a waiver of such right or provision.
Copyright © 2004 Impulse Soltuions. All Rights Reserved.