Excel Software's End-User License Agreement ("EULA") is a legal
agreement between you (either an individual or a single entity) and Excel Software for
the software product(s) being licensed which may include associated
software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE
PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound
by the terms of this EULA.
Some Excel Software products such as the "QuickLicense Product" include a specific runtime component for which additional, royalty-free distribution rights are granted. The User Guide for a specific product will explicitly document and grant distribution rights to a runtime component if any exists.
This license agreement represents the entire agreement concerning the
program between you and Excel Software, (referred to as "licenser"), and it supersedes
any prior proposal, representation, or understanding between the parties. If you do not agree to the
terms of this EULA, do not install or use the SOFTWARE PRODUCT.
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.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
Excel Software grants you the right to install and use copies of the SOFTWARE PRODUCT
on your computer running a validly licensed copy of the operating system for which the SOFTWARE
PRODUCT was designed.
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices
on any and all copies of the SOFTWARE PRODUCT.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Trial editions
available for download from Excel Software's websites may be freely distributed.
(c) Prohibition 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.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
Excel Software may provide you with support services related to the SOFTWARE PRODUCT ("Support
Services"). Any supplemental software code provided to you as part of the Support Services shall be
considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding
use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, Excel Software 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 in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies
thereof are owned by Excel Software 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 protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants you no rights to use such content. All rights not
expressly granted are reserved by Excel Software.
5. NO WARRANTIES
Excel Software expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE
PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but
not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose.
Excel Software does not warrant or assume responsibility for the accuracy or completeness
of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Excel Software makes no warranties respecting any
harm that may be caused by use of any computer program. Excel Software further expressly disclaims any warranty
or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Excel Software be liable for any damages (including, without limitation,
lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability
to use the SOFTWARE PRODUCT, even if Excel Software has been advised of the possibility of such
damages. In no event will Excel Software be liable for loss of data or for indirect, special,
incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise.
Excel Software shall have no liability with respect to the content of the SOFTWARE PRODUCT
or any part thereof, including but not limited to errors or omissions contained therein, libel,
infringements of rights of publicity, privacy, trademark rights, business interruption, personal
injury, loss of privacy, moral rights or the disclosure of confidential information.