END USER LICENSE AGREEMENT
By installing or otherwise using the software, you agree to be bound by the terms of this EULA. If you do not agree with the terms of the EULA then do not install or use the software. The software is licensed, not sold. A license is the right to use the software program within the limitations of this EULA and the printed license document provided upon purchasing the license. Four license types and limitations are listed below.
(1) Trial or Evaluation License - The trial version of this program may be loaded on computers for evaluation purposes within the defined trial period. The trial program may be used on any and all computers required for your evaluation. The trial version of this program may be distributed to others for evaluation purposes. No fee may be charged for distribution of the trial version of this program. The trial program must not be modified in any way. Continued use of this program beyond the trial period requires the purchase of a license.
(2) Unlimited Site License - An unlimited site license allows the use of this program on any and all computers located at the physical site. A site is a single contiguous physical location controlled by a single organization. Some examples of sites are a school campus, a college campus, a military base, a manufacturing plant or a navy ship. This includes allowing access to the program on servers and LANs so long as the program cannot be accessed off-site by ineligible users. Unlimited license owners have the option to allow students and employees of the licensed site to use one copy of the licensed software on a personal computer located off the licensed physical site. This option only applies to students and employees who regularly attend the physical site. Regular attendance here is defined as at least weekly.
(3) Enterprise Wide License – A license that allows use of this program on all computers within an organization without regard for physical location. All rights conveyed to unlimited site licenses apply to enterprise wide licenses.
(4) Personal Use License – Personal use licenses are also known as single user licenses. A personal use license allows the use of only one copy of the software. Additional copies of the program may be kept on any media for back-up purposes.
You may not use copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program except as provided in this agreement or in writing by ETCAI Products. Any such unauthorized use shall result in immediate and automatic termination of this license. All rights not expressly granted in writing are reserved to ETCAI Products.
This agreement shall be governed by the laws of the State of Tennessee and shall inure to the benefit of ETCAI Products and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Shelby County, Tennessee. The parties hereby consent to in personam jurisdiction of said courts.
U.S. Government Information: Use, duplication, or disclosure by the U.S. Government of the computer software and documentation in this package shall be subject to the restricted rights applicable to commercial computer software as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 (DFARS52.227-7013). The Contractor/Manufacturer is ETCAI Products, POB 1347, Collierville, Tennessee 38027.
ETCAI PRODUCTS DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ETCAI PRODUCTS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF ETCAI PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.