eSTOP 3.30


EULA - End User License Agreement



End-User License Agreement For
Northwest Performance Software, Inc. SOFTWARE

eSTOP! (TM) is Copyright 2000-2003
Northwest Performance Software, Inc. All rights reserved.

IMPORTANT--READ CAREFULLY: This End-User License Agreement (EULA)
is a legal agreement between you (either an individual or a
single entity) and Northwest Performance Software, Inc. (NWPSW)
for the NWPSW software accompanying this EULA, which includes the
accompanying computer software, and may include associated media,
printed materials and any "online" or electronic documentation
("SOFTWARE PRODUCT"). By installing the SOFTWARE PRODUCT, 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 or use the SOFTWARE
PRODUCT; you may, however, return it to your place of purchase for
a full refund.

Be sure to carefully read and understand all of the rights and
restrictions described in this Northwest Performance Software,
Inc. EULA. You will be asked to review and either accept or not
accept the terms of the EULA. This software will not install on
your computer unless or until you accept the terms of this EULA.

BY REMOVING THE SHRINK WRAP AND/OR JEWEL CASE SEAL AND INSTALLING
THIS SOFTWARE PRODUCT, YOU ACCEPT THE TERMS OF THIS EULA. If this
EULA is viewed during the running of the installation program,
your click of the "yes" button is a symbol of your signature that
you accept the terms of the EULA.

The following license agreement contains sections explicitly
marked for TRIAL USE users and REGISTERED VERSION users.
If you are evaluating this software, then the TRIAL USE
sections apply to you. Users who have purchased this software
are additionally bound by the terms of the REGISTERED
VERSION sections. ALL OTHER SECTIONS NOT EXPLICITLY MARKED
APPLY TO ALL USERS.

For your reference, you may refer to the copy of this EULA that
can be found in the license.txt file of this SOFTWARE PRODUCT.
You may also receive a copy of this EULA by contacting Northwest
Performance Software, Inc.

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--TRIAL USE. NWPSW grants to you the
right to use one copy of the SOFTWARE PRODUCT on a single
computer for evaluation purposes during a Trial Usage Period
not to exceed thirty (30) days. If you want to continue using
this software after the Trial Usage Period, you MUST make a
registration/purchase payment to Northwest Performance Software,
Inc. or its authorized representatives. Using this software
after the Trial Usage Period without purchasing the software
is a violation of the terms of this limited license.
Applications Software--REGISTERED VERSION. You may install
and use one copy of the SOFTWARE PRODUCT on a single computer.
Storage/Network Use. You may also store or install a copy of
the SOFTWARE PRODUCT on a storage device, such as a network
server, used only to install or run the SOFTWARE PRODUCT on
your other computers over an internal network; however, you must
acquire and dedicate a license for each separate computer on
which the SOFTWARE PRODUCT is installed or run from the storage
device. A license for the SOFTWARE PRODUCT may not be shared or
used concurrently on different computers.
Additional Installation Licenses. If you have acquired this
EULA in a SOFTWARE PRODUCT with an accompanying Additional License
Certificate, you may make the number of additional copies of the
computer software portion of the SOFTWARE PRODUCT authorized on
the printed copy of the Additional License Certificate, and you
may use each copy in the manner specified above.

Reservation of Rights. All rights not expressly granted are
reserved by NWPSW.

2. DESCRIPTIONS OF OTHER RIGHTS AND LIMITATIONS.

Limitations on Reverse Engineering, Decompilation, and
Disassembly. You may not reverse engineer, decompile,
or disassemble the SOFTWARE PRODUCT, except and only to the
extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
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 NWPSW.
Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
Support Services. NWPSW may provide you with support services
related to the SOFTWARE PRODUCT ("Support Services"). Use of
Support Services is governed by the NWPSW policies and programs
described in the user manual, in "online" documentation, and/or
other NWPSW-provided materials. Any supplemental software code
provided to you as a part of Support Services shall be considered
part of the SOFTWARE PRODUCT and subject to the terms and
conditions of this EULA. With respect to technical information
you provide to NWPSW as part of the Support Services, NWPSW may use
such information for its business purposes, including for product
support and development. NWPSW 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 you retain no copies, you transfer
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), and the recipient
agrees to the terms of this EULA. If the SOFTWARE PRODUCT portion
is an upgrade, any transfer must include all prior versions of the
SOFTWARE PRODUCT.
Termination. Without prejudice to any other rights, NWPSW 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. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade,
you must be properly licensed to use a product identified by NWPSW
as being eligible for upgrade in order to use the SOFTWARE PRODUCT.
A SOFTWARE PRODUCT 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 the SOFTWARE PRODUCT is
an upgrade of a component of a package of software programs that you
licensed as a single product, the SOFTWARE PRODUCT 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.

4. 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 NWPSW or its suppliers. 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 protect by applicable copyright or
the 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.

4a. TRIAL USE COPYRIGHT ADDENDUM.
"Unregistered" trial versions of the SOFTWARE may be uploaded
to World Wide Web Software repositories or CDROM collections for the
strict purpose of download and distribution to other users. This
paragraph does not apply to purchased or registered copies of the
SOFTWARE PRODUCT.

5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and
documentation are provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2)
of the Commercial Computer Software-Restricted Rights at
48 CFR 52.227-19, as applicable. Manufacturer Northwest Performance
Software, Inc./PO BOX 1375/Sequim, WA 98382-1375.

6. EXPORT RESTRICTIONS. You agree that neither you nor your customers
intend to or will, directly or indirectly, export or transmit the
SOFTWARE PRODUCT or related documentation and technical data to any
country to which such export or transmission is restricted by any
applicable U.S. regulation or statute, without the prior written
consent, if required, of the Bureau of Export Administration (BXA) of
the U.S. Department of Commerce, or such other governmental entity as
may have jurisdiction over such export or transmission. You warrant
and represent that neither the BXA nor any other U.S. federal agency
has suspended, revoked, or denied your export privileges.

7. GOVERNING LAW. If you acquired the SOFTWARE in the United States of
America, the laws of the State of Washington, U.S.A will apply to this
contract. If this product was acquired outside the United States, then
local law may apply.

8. QUESTIONS. Should you have any questions, or if you desire to
contact NWPSW for any reason, please write: Northwest Performance
Software, Inc./PO BOX 1375/Sequim, WA 98382-1375

WARRANTY INFORMATION

DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, NWPSW AND ITS SUPPLIERS PROVIDE THE
SOFTWARE AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM
ALL OTHER 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.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL NWPSW OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY,
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 NWPSW HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, NWPSW’S
ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE
LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE
SOFTWARE PRODUCT. BECAUSE SOME STATES AND JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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Downloads: 43
Updated At: 2024-03-19
Publisher: northwest-performance-software-inc
Operating System: N/A
License Type: Free Trial