Universal Switching Corporation
End User License Agreement #2006-08-RWP
Notice to user: By installing and using the software, you accept all the
terms and conditions of this license agreement.
The Software is an intellectual property of the Author. The Software is
licensed, not sold. You may download, copy, install, use or otherwise
benefit from the functionality or intellectual property of the Author
only in accordance with the terms of this license agreement.
1. Definitions.
"Author" means Universal Switching Corporation.
"Software" means RouteWarePRO and corresponding documentation,
associated media, printed materials, and online or electronic
documentation, upgrades, updates and additions to such information
provided to you by the Author at any time.
"Permitted Number" means one unless otherwise indicated under a valid
license (e.g., volume license, site license) granted by the Author.
"Trial Version" means a version of the Software, so identified, to be
used only to review, demonstrate and evaluate the Software for a limited
time period. The Trial Version will cease operating after a
predetermined amount of time due to an internal mechanism within the
Trial Version.
2. Software License. The Author grants you a non-exclusive license to
use the Software in the manner and for the purposes described in the
Documentation.
2.1 General Use. You may install and use the Software on up to the
Permitted Number of computers.
2.2 External Drive Use. You may install the Software on up to the
Permitted number of external drives. You may use the Software on the
computer the external drive is connected to.
2.3 Portable or Home Computer Use. You may not make a second copy of the
software to install it on a portable computer or a second computer if
you do not have a license for the second computer. You need a license
for each separate computer on which the Software is installed and run.
2.4 Server Deployment. You may install the Software on a file server for
the purpose of downloading and installing the software on up to the
Permitted Number of computers in the internal network.
2.6 Backup Copy. You may make a reasonable number of backup copies of
the Software. You may not sell or transfer any copy of the Software made
for backup purposes. Backup copies can be used only for archival
purposes.
3. Distribution of the Trial Version. Provided that you verify that you
are distributing the trial version, you are hereby licensed to make as
many copies of the unmodified trial version of the Software as you wish;
give exact copies of the original trial version to anyone; and
distribute the trial version of the Software in the unmodified form via
any means (including, but not limited to, online distribution via the
Internet, and CDROM/DVDROM distribution). There is no charge for any of
the above.
You are specifically prohibited from charging, or requesting donations,
for any such copies, however made; and from distributing the Software as
a part of other product or service (commercial or otherwise) without
prior permission.
4. Activation. The Software may include product activation and other
technology designed to prevent unlicensed or illegal use of the
Software. You agree that the Author may use those measures and you agree
to follow any requirements regarding such technological measures. If you
do not follow the activation process described in the Documentation and
in the Software, the activation technology may prevent you from using
the Software. You may also need to reactivate the Software if you modify
your computer hardware or alter the Software. You have a 30-day grace
period in which to activate the Software. If the grace period expires
and you have not completed activation, all features of the Software
except the product activation feature will stop working. Product
activation is based on the exchange of information between your computer
and the Author. None of this information contains personally
identifiable information. It cannot be used to identify any personal
information about you. It may contain some characteristics of your
computer configuration.
5. Intellectual Property Ownership. The Software and any copies that you
make are the intellectual property of the Author. The Software is
protected by law, including but not limited to the copyright laws of the
United States and other countries, and by international treaty
provisions. All rights not expressly granted are reserved by the Author.
6. Submissions. Should you transmit any information, feedback, data,
questions, comments, suggestions, or the like to Universal Switching
Corporation (including but not limited to ideas, concepts, or techniques
for new or improved services and products), you agree such submissions
shall be deemed non-confidential and you automatically grant Universal
Switching Corporation a royalty-free, worldwide, perpetual, irrevocable
license, with the right to sublicense, use, copy, transmit, distribute,
create derivative works of, display, and perform the same.
7. Restrictions.
7.1 No Modifications. You may not alter, merge, modify, adapt or
translate the Software without a written permission from the Author. You
may not decompile, reverse engineer, disassemble or otherwise attempt to
discover the source code of the Software. You shall not use the Software
to develop any application having the same primary function as the
Software. You may not create derivative works based upon the Software.
7.2 No Unbundling. The Software may include various components and
support multiple languages. You are not required to use all component
parts of the Software but you may not unbundle the Software without
written permission from the Author.
7.3 No Transfer. You may not rent, lease, or sublicense the Software.
You may not authorize the serial numbers of the Software to be copied
onto another individual or legal entity's computer. However, you may
transfer all your rights to use the Software to another individual or
legal entity provided that you transfer the Software and all the files
and Documentation included with the Software (including this license
agreement), the unlock codes (serial numbers) for the Software and you
retain no upgrades, updates or copies (including backups) of the
Software and the unlock codes, and the receiving party accepts the terms
and conditions of this license agreement and any other terms and
conditions under which you purchased a license to the Software.
8. Updates. You may use the upgrade or update to a previous version of
the Software only if you have a valid license to such previous version.
9. DISCLAIMER. THE AUTHOR PROVIDE THE SOFTWARE AND ACCESS TO ANY
WEBSITES AND ONLINE SERVICES AS-IS AND WITH ALL THE FAULTS AND
EXPRESSIVELY DISCLAIMS ALL THE WARRANTIES, CONDITIONS OR TERMS AS TO ANY
MATTER INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY,
MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR
PURPOSE. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN
HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT
LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR
TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. THE AUTHOR
SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR
SUCH PURPOSES.
10. LIMITATION OF LIABILITY. IN NO EVENT WILL THE AUTHOR OR ITS
AFFILIATES BE LIABLE FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER,
INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST
PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS
INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OR CARE, OR
CLAIMS BY A THIRD PARTY, EVEN IF THE AUTHOR REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS.
AUTHOR'S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS
UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT
PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE
EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL
OR MATERIAL TERMS OF THIS AGREEMENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS
PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER.
11. Specific Provisions.
11.1 You are required to take all reasonable measures to avoid and
reduce damages, in particular to make back-up copies of your computer
data.
11.2 Pre-Release Software Additional Terms. This section applies to
using pre-commercial release or beta software. The pre-release Software
is not a final product by the Author and may contain bugs, errors and
other problems that could cause system or other failures and data loss.
You will destroy all copies of pre-release Software upon the first
request from the Author. Your use of pre-release Software is at your own
risk.
11.3 Tryout, Additional Terms. If the Software is tryout (trial
version), the following section applies. tryout Software is to be used
for demonstration and evaluation purposes only. Your use of tryout
Software is at your own risk.
11.4 Time Out Software. If the Software is a timeout version then it
will cease operations when the trial period is expired. The trial period
may expire before the designed period of time or number of launches
after installation to prevent unauthorized use of the Software. The
license hereunder will terminate after the trial period expires unless
extended by the Author upon your acquisition of a full retail license.
Access to any files or output created with time out Software is at your
own risk.
11.5 Third-Party Sites. The Author does not control or accept
responsibility for websites, products or services offered by third
parties.
12. Export Rules. You agree that the Software will not be shipped,
transferred or exported into any country or used in any manner
prohibited by the export laws, restrictions or regulations.
13. General Provisions. If any part of this agreement is found void and
unenforceable, it will not affect the validity of the balance of this
agreement, which will remain valid and enforceable according to its
terms.
14. License Termination. In the event that you fail to comply with this
license, the Author may terminate the license and you must destroy all
copies of the Software (with all other rights of both parties and all
other provisions of this license surviving any such termination). |