enVivo!CMS Classic distribution permissions and end-user license agreement
END-USER LICENSE AGREEMENT FOR EnVivo!CMS Classic SOFTWARE
IMPORTANTREAD CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Net Systems Consulting Pty Ltd Trading As enVivo!soft ("enVivo!soft") for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by enVivo!soft. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.
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:
- Applications Software. You may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, under a single Internet or Intranet domain name in a production environment. Additional Internet or Intranet domains may be granted to you by enVivo!soft for your copy of the SOFTWARE PRODUCT.
- Development Use. You may also install one copy of the SOFTWARE PRODUCT in a non-production environment that is not accessed by end-users. This license does not allow the two copies to be installed on two production servers. The domain of this copy cannot begin with "www.".
- Evaluation Copy. If you acquired the license for the Software on an evaluation or trial basis, you may use the Software without charge for thirty (30) days from the day that you install the Software. You must pay the license fee and register your copy to continue to use the Software after the thirty (30) day evaluation period. To pay the license fee and register your copy, you should visit www.envivosoft.com or an authorized sales agent. For so long as the Software is the most current version of the SOFTWARE, you may give exact copies of the evaluation Software to anyone. You may not charge any fee for the copy or use of the evaluation Software itself, but you may charge a distribution fee that is reasonably related to any cost you incur distributing the evaluation Software (e.g. packaging). You must not represent in any way that you are selling the SOFTWARE itself. Your distribution of the evaluation Software will not entitle you to any compensation from enVivo!soft. You must distribute a copy of this license with any copy of the Software and anyone to whom you distribute the Software is subject to this license. You may not remove any copyright, trademark or reservation of rights language displayed on, in or with the SOFTWARE.
- Registered Copy. When you purchase a license you will be provided with a License Key and License Certificate. You should enable the registered license for the SOFTWARE by entering the License Key and License Certificate as prompted by the SOFTWARE. You may use the registered SOFTWARE for which you have purchased a separate license as indicated on our invoice.
- Reservation of Rights. All rights not expressly granted are reserved by enVivo!soft.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- You may not reduce the Software to human readable form, reverse engineer, de-compile, and disassemble the Software. You may not use the Software to perform any unauthorized transfer of information, such as copying or transferring a file in violation of a copyright, or for any illegal purpose.
- Not for Resale Software. You may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT under any circumstances.
- Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.
- Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of enVivo!soft.
- Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
- Software Transfer. The initial licensee of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include 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). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE PRODUCT.
- Termination. Without prejudice to any other rights, enVivo!soft 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.
3. COPYRIGHT. All 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), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by enVivo!soft. 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 may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
4. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single COMPUTER. You may not RUN the other medium on another COMPUTER. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
5. BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by enVivo!soft solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.
6. PROMOTIONAL USE OF LICENSEE. You agree to allow enVivo!soft to document your use of the SOFTWARE PRODUCT for promotional purposes or case study examples, which is to be entirely at the discretion of enVivo!soft. This permission is given with no claim or liability to enVivo!soft.
THE SOFTWARE PRODUCT IS AS A LISENCE "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.
enVivo!soft is not liable for the content of any web site powered by the SOFTWARE PRODUCT.
The user must assume the entire risk of using the program.
To the maximum extent permitted by applicable law, enVivo!soft disclaims all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
From time to time, enVivo!soft may inspect your registration integrity. This will be done without collecting any information whatsoever about yourself, your server, your web content or your users. The only information verified will be your license key, certificate and the domain(s) on which the software is run. Should we discover illogical discrepancies in the
software usage, be aware that you may have your license terminated and may face legal actions for Software Piracy.
enVivo!soft`s entire liability and your exclusive remedy shall be, at enVivo!soft`s option up to the value of the price paid for the SOFTWARE PRODUCT.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall enVivo!soft be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if enVivo!soft has been advised of the possibility of such damages. In any case, enVivo!soft`s entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S.$5.00.
For full details about our Distribution program, please contact us at http://www.envivosoft.com/contact .