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Intellexer Summarizer SDK License Agreement (EULA)

From EffectiveSoft

END-USER LICENSE AGREEMENT FOR EFFECTIVESOFT SOFTWARE

Intellexer Summarizer

IMPORTANT-READ CAREFULLY:

This End-User License Agreement ("EULA") is a legal agreement between you

(either an individual or a single entity) and EffectiveSoft, Ltd.

("EffectiveSoft") for the EffectiveSoft software that accompanies this EULA,

which includes computer software and may include associated media, printed

materials, "online" or electronic documentation, and Internet-based services

("Software").

An amendment or addendum to this EULA may accompany the Software.

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING,

OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY,

OR USE THE SOFTWARE.

1. GRANT OF LICENSE. EffectiveSoft grants you the following rights

provided that you comply with all terms and conditions of this EULA:

1.1 General License Grant. EffectiveSoft grants to you as an individual,

a personal, nonexclusive license to use the Software for

the purposes of testing its functionality, provided that you are the only

individual using the Software.

If you are an entity, EffectiveSoft grants to you a personal, nonexclusive

license to make and use copies of the Software, provided that for each

individual using the Software within your organization, you have acquired

a separate and valid license for each such individual.

1.2 Documentation. You may make and use an unlimited number of copies of

any documentation, provided that such copies shall be used only for personal

purposes and are not to be republished or distributed (either in hard copy or

electronic form) beyond your premises.

1.3 Storage/Network Use. You may also store or install a copy of the

Software on a storage device, such as a network server, used only to install

or run the Software on computers used by a licensed end user in accordance with Section 1.1. A single license for the Software may not be shared or used concurrently by multiple end users.

2. RESERVATION OF RIGHTS AND OWNERSHIP.

EffectiveSoft reserves all rights not expressly granted to you in this EULA.

The Software is protected by copyright and other intellectual property laws

and treaties. EffectiveSoft or its suppliers own the title, copyright, and

other intellectual property rights in the Software. The Software is licensed,

not sold.

3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.

You may not reverse engineer, decompile, or disassemble the Software, except

and only to the extent that such activity is expressly permitted by applicable

law notwithstanding this limitation.

4. NO RENTAL/COMMERCIAL HOSTING.

You may not rent, lease, lend or provide commercial hosting services with

the Software.

5. CONSENT TO USE OF DATA.

You agree that EffectiveSoft and its affiliates may collect and use technical

information gathered as part of the product support services provided to you,

if any, related to the Software. EffectiveSoft may use this information solely

to improve our products or to provide customized services or technologies

to you and will not disclose this information in a form that personally

identifies you.

6. LINKS TO THIRD PARTY SITES.

You may link to third party sites through the use of the Software.

The third party sites are not under the control of EffectiveSoft, and

EffectiveSoft is not responsible for the contents of any third party sites,

any links contained in third party sites, or any changes or updates to third

party sites. EffectiveSoft is not responsible for web casting or any other

form of transmission received from any third party sites. EffectiveSoft is

providing these links to third party sites to you only as a convenience, and

the inclusion of any link does not imply an endorsement by EffectiveSoft of

the third party site.

7. ADDITIONAL SOFTWARE/SERVICES.

This EULA applies to updates, supplements, add-on components, or Internet-based

services components, of the Software that EffectiveSoft may provide to you or

make available to you after the date you obtain your initial copy of the

Software, unless we provide other terms along with the update, supplement,

add-on component, or Internet-based services component. EffectiveSoft

reserves the right to discontinue any Internet-based services provided

to you or made available to you through the use of the Software.

8. UPGRADES/DOWNGRADES

Upgrades. To use Software identified as an upgrade, you must first be

licensed for the software identified by EffectiveSoft as eligible for the

upgrade. After upgrading, you may no longer use the software that formed

the basis for your upgrade eligibility.

Downgrades. Instead of installing and using the Software, you may install

and use one copy of an earlier version of the Software, provided that you

completely remove such earlier version and install the original Software

within a reasonable time. Your use of such earlier version shall be

governed by this EULA, and your rights to use such earlier version shall

terminate when you install the Software.

9. NOT FOR RESALE SOFTWARE.

Software identified as "Trial", "Demo", "Evaluation copy", "Not For Resale"

or "NFR," may not be sold or otherwise transferred for value, or used

for any purpose other than demonstration, test or evaluation.

10. TERMINATION.

Without prejudice to any other rights, EffectiveSoft 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 and all of its component

parts.

11. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW, EffectiveSoft AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND

SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM

ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR

CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF

RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES,

OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF

NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR

FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE,

AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF

THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF

TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION

OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

12. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL

EffectiveSoft OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,

PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,

BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER

INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF

PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF

REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER

LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR

INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE

SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT

THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE,

OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN

IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION,

STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF EffectiveSoft

OR ANY SUPPLIER, AND EVEN IF EffectiveSoft OR ANY SUPPLIER HAS BEEN ADVISED

OF THE POSSIBILITY OF SUCH DAMAGES.

13. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES

THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION,

ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT

OR ANYTHING ELSE), THE ENTIRE LIABILITY OF EffectiveSoft AND ANY OF ITS

SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER

SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE

RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE

OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS

ITS ESSENTIAL PURPOSE.

14. APPLICABLE LAW.

If you acquired this Software in the United States or Canada, this EULA is

governed by the laws of the Republic of Belarus. If you acquired this

Software in the European Union, Iceland, Norway, or Switzerland, then

local law applies. If you acquired this Software in any other country,

then local law may apply.

15. ENTIRE AGREEMENT; SEVERABILITY.

This EULA (including any addendum or amendment to this EULA which is included

with the Software) are the entire agreement between you and EffectiveSoft

relating to the Software and the support services (if any) and they supersede

all prior or contemporaneous oral or written communications, proposals and

representations with respect to the Software or any other subject matter

covered by this EULA. To the extent the terms of any EffectiveSoft policies

or programs for support services conflict with the terms of this EULA, the

terms of this EULA shall control. If any provision of this EULA is held to

be void, invalid, unenforceable or illegal, the other provisions shall

continue in full force and effect.

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