Software License Agreement
Notice:
THIS TECHNORIVER SOFTWARE (TOGETHER WITH ITS ACCOMPANYING DOCUMENTATION, THE
"SOFTWARE") IS THE PROPERTY OF TECHNORIVER PTE LTD ("TECHNORIVER"). THE
SOFTWARE IS MADE AVAILABLE TO YOU, THE ORIGINAL PURCHASER, SUBJECT TO THE
FOLLOWING LICENSE AGREEMENT ("LICENSE"). PLEASE READ THIS LICENSE CAREFULLY
BEFORE INSTALLING OR USING THE SOFTWARE. A COPY OF THIS LICENSE IS AVAILABLE
FOR YOUR FUTURE REFERENCE IN THE "LICENSE.TXT" FILE PROVIDED WITH THE SOFTWARE.
TechnoRiver is only willing to grant you this License if you obtained the
SOFTWARE from TechnoRiver or a TehnoRiver authorized reseller. If you obtained
the SOFTWARE from any other source you may not install or use the SOFTWARE.
TechnoRiver License Agreement
1. Ownership The Software is proprietary to TechnoRiver. The Software is
licensed, not sold, to you notwithstanding any reference herein to "purchases."
You acknowledge and agree that: the Software is protected under U.S. copyright
and other laws; TechnoRiver and its licensors retain all copyrights and other
intellectual property rights in the Software; there are no implied licenses
under this License, and any rights not expressly granted to you hereunder are
reserved by TechnoRiver; you acquire no ownership or other interest (other than
your license rights) in or to the Software; and TechnoRiver owns all copies of
the Software, however made. You agree that you will not, at any time, contest
anywhere in the world TechnoRiver's ownership of the Software, nor will you
challenge the validity of TechnoRiver's rights in the Software. You have no
rights hereunder to use any trademark or service mark belonging to TechnoRiver.
2. License Grants
Depending on the below stated license types the assignment of a software key
grants the licensee the use of the software as described below:
Single License (or Workstation license) for installation and using the
software on exactly one computer. The use over a network (LAN/WAN) for several
users including http-based applications is explicitly excluded.
Site license with the permission to use the software on several (or all)
computers within the site of the company (location or subsidiary), but only for
the mentioned postal address,
3. License Restrictions
(a) You may not sell, rent, lease, or sublicense all or any portion of the
Software. You may not make or distribute copies of the Software. You may,
however, transfer all your rights to Use The Software to another person or
legal entity provided that you also transfer each this Agreement and retain no
copies and the receiving party accepts this Agreement. In the event that you
fail to comply with this Agreement, TechnoRiver 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 Agreement surviving any such
termination).
(b) Development Restrictions v You are not allowed to use the software to build
or redistribute other software components (for example DLL's, OCX, VBX, Beans,
EXE's...) if their chief purpose is comparable to the chief purpose of the
product (so called wrapping or re-wrapping).
It is forbidden to modify, to disassemble, to reverse engineer, to change or to
patch the software or files shipped with the software.
4. Intellectual Property Rights
The software and any copies of the software are the intellectual property of
TechnoRiver. You may not alter, merge, modify, decompile, reverse engineer, or
disassemble the Software. You may not modify the Software or create derivative
works based upon the Software. The software is protected by the US and
international copyright laws.
5. EXCLUSION OF ALL DAMAGES
IN NO EVENT WILL TECHNORIVER BE LIABLE TO ANY PARTY FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
ANY LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR DATA, ARISING FROM OR
RELATING TO THIS LICENSE OR THE SOFTWARE, WHETHER IN CONTRACT, IN TORT OR
OTHERWISE, EVEN IF TECHNORIVER KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. TECHNORIVER'S TOTAL CUMULATIVE LIABILITY
ARISING FROM OR RELATED TO THIS LICENSE OR THE SOFTWARE, WHETHER IN CONTRACT,
IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS
LICENSE. THIS SECTION 5 WILL APPLY EVEN IF AN EXCLUSIVE REMEDY HEREUNDER HAS
FAILED OF ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
6. WARRANTY DISCLAIMER
TECHNORIVER AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS,
IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. TECHNORIVER DOES NOT WARRANT THAT THE SOFTWARE IS
FLAWLESS OR WILL OPERATE WITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED,
INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
CONTROLS. TECHNORIVER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF
FITNESS FOR SUCH PURPOSES.
8. LIMITATION AND RELEASE OF LIABILITY
The Software is provided to you on 'as-is' basis, and TechnoRiver has included
in this Agreement terms that disclaim all warranties and liability for the
Software. To the full extent allowed by law, YOU HEREBY RELEASE TECHNORIVER AND
ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS
CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the Software
under the terms of this Agreement, do not install the Software.
9. Entire License; Severability
This License constitutes the entire, final and exclusive agreement between you
and TechnoRiver regarding the specific license transaction described herein. If
any provision of this License is held to be illegal, invalid or unenforceable
for any reason, then such provision will be enforced to the maximum extent
permissible and the remainder of the provisions of this License will remain in
full force and effect.
10. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED RIGHTS".
Without limiting the foregoing, use, duplication, or disclosure by the U.S.
Government is subject to restrictions as set forth in this Agreement and as
provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013
(c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as
applicable.
Manufacturer: TechnoRiver Private Limited
11. General
If you acquired the Software in the United States of America, this Agreement
shall be governed by the internal laws of the State of California. If you
acquired this Software outside of the United States of America, then local law
may apply. No TechnoRiver dealer, agent or employee is authorized to make any
amendment to this Agreement.
All questions concerning this Agreement shall be directed to:
TechnoRiver Private Limited
Attn: General Counsel
Email : legal@technoriversoft.com