End User Agreement

2012-09-27

: Pdf Enduseragreement endUserAgreement

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END-USER LICENSE AGREEMENT FOR ACCESSDATA SOFTWARE  IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between End User (“Licensee”) (either an individual or a single legal or juridical entity) and AccessData Group,  LLC  (“AccessData”)  for  the  AccessData  software  that  accompanies  this EULA,  which  includes  associated  media  and  AccessData  Internet  based  services (“Software”).    An  amendment  or  addendum  to  this  EULA  may  accompany  the Software.  LICENSEE AGREES TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE.  IF LICENSEE DOES NOT AGREE, DOES NOT INSTALL, COPY, OR USE THE SOFTWARE; LICENSEE MAY RETURN  IT  TO  LICENSEE’S  PLACE  OF  PURCHASE  FOR  A  FULL  REFUND,  IF APPLICABLE.  THIS EULA ALLOWS THE LICENSEE TO USE THE SOFTWARE MEDIA ("MEDIA") AND  ACCOMPANYING  USER  DOCUMENTATION  ("DOCUMENTATION") CONTAINED  IN  THIS  PACKAGE.    THIS  EULA  BETWEEN  LICENSEE  AND ACCESSDATA,  INCLUDING  ITS  SUCCESSORS  OR  ASSIGNS  (REFERRED  TO COLLECTIVELY  AS  "LICENSOR"),  SUPERSEDES  ANY  PRIOR  PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.   LICENSE  GRANT.    Licensor  hereby  grants  to  Licensee,  and  Licensee  accepts,  a non-exclusive,  non-sublicensible  and  non  transferable  license  to  use  the  Media, including the research and investigation Software contained therein, or downloaded or  received  via  a  network  if  no  Media  is  provided,  in  object-code  only  form  and Documentation, only as authorized in this EULA.   If Licensee has purchased a Single-User License, Licensee may install and use the Software on up to four (4) machines for processing use only and should be limited to use by one (1) Licensee. If Licensee has purchased a Multi-User License, Licensee may install the software on the number of computers Licensee chooses for Licensee organization’s use and allow use of the Software subject and pursuant to the number of  concurrent  user  licenses  Licensee  has  purchased.  Licensee  is  prohibited  from sharing the Software with a third party who is not subject to the terms of this EULA. If this product does not contain license manager technology, then Licensee may install the Software on the number of computers and allow use of the Software according to the  number  of  users  for  which  Licensee  or  Licensee’s  organization  is  licensed. Licensee  may  install  or  use  the  Software  on  a  distributed  or  multi-user  computer system,  such  as  a  local  area  or  wide  area  network,  or  multi-user  accessible computer, subject and pursuant to the number of concurrent user licenses Licensee has  purchased.  Except  as  specifically  provided  above  for  use  in  a  network environment,  a  license  for  the  Software  may  not  be  shared  or  used  concurrently. Licensee  may  not  permit  any  device  to  use  the  Software  or  the  Software’s  user interface unless the device has a separate license for the Software.   The Software may be used only on computers owned, leased, or otherwise controlled
by  Licensee;  or,  in  the  event  of  the  inoperability  of  those  systems,  on  a  backup system  selected  by  Licensee.  Licensee  agrees  that  Licensee  will  not  assign, sublicense, transfer, pledge, lease, rent, or share Licensee’s rights under this EULA.  Any purported assignment of  any rights hereunder shall be void. Upon  loading the Software  into  Licensee’s  system,  Licensee  may  retain  the  media  for  backup purposes. In addition, Licensee may make one copy of the Software on a second set of  media  solely  for  the  purpose  of  backup  in  the  event  that  the  original  media  is damaged or destroyed. Any such copy of the Software shall be subject to all terms and conditions  of  this  EULA  and  shall  include  Licensor’s  copyright  and  other proprietary  notices.    Except  as  authorized  under  this  paragraph,  no  copies  of  the Software  or  any  portions  thereof  may  be  made  by  Licensee  or  any  person  under Licensee’s authority or control.  Should Licensee download or otherwise receive a digital copy of the Software and/or documentation,  and  then  be  provided  with  the  Software  and/or  documentation  in tangible  media  form,  Licensee  acknowledges  that  use  of  the  Software  and documentation is still subject to the conditions of this EULA.  CONSOLIDATION  OF  LICENSES.    Consolidation  of  multiple  single-user  licenses, multiple multi-user licenses, or a combination of both under one consolidated multi-user  license  may  be  possible  under  certain  circumstances  and  in  Licensor’s  sole discretion. Consolidated licenses are subject to the restrictions on multi-user licenses contained  herein.  If  the  serial  number  of  any  single-user  or  multi-user  Software  is covered by or merged into a new consolidated license, then Licensee’s rights to use that single-user or multi-user Software under this EULA is replaced, terminated, and superseded by Licensee’s rights to use the consolidated Software. Licensee then no longer  has  the  right  to  use  any  single-user  or  multi-user  Software  having  a  serial number covered by the consolidated license.  AUTHORIZED  USERS.  The  Software  may  be  used by all  employees  of Licensee’s organization  at  facilities  governed  by  Licensee  and  within  Licensee’s  network. Licensee  will  use  commercially  reasonable  efforts  to  restrict  network  or  any  other access  to  the  Software  by  anyone  outside  of  Licensee’s  organization  who  is  not authorized to use the Software. If Licensee is an educational institution, the Software may  only  be  used  by  Licensee’s  enrolled students, faculty, teaching assistants and administrators  on  Licensee  institution’s  computers.  Temporary  employees, contractors,  and  consultants  of  Licensee’s  organization  who  work  on-site  at Licensee’s facility may also use the Software so long as such temporary employees, contractors  and  consultants or  their  computers  are  included in  the  total  number of licenses purchased by Licensee and used within the Licensee’s network. Any copies of the Software used by temporary employees, contractors and consultants must be removed  from  such  individual's  computers  once  they  cease  working  at  Licensee’s facilities. LICENSE GRANT FOR DOCUMENTATION.  The documentation that accompanies the Software is licensed for internal, non-commercial, reference purposes only. The documentation  shall  not  be  copied  or  published  without  prior  written  approval  of Licensor.

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