Infinitest License « Improving Works

Infinitest Corporate Use License Agreement

END-USER LICENSE AGREEMENT FOR Improving Works SOFTWARE

IMPORTANT-READ CAREFULLY: This Improving Works End-User License Agreement (”EULA”) is a legal agreement between you (either an individual or a single entity) and Improving Works, Inc. for the Improving Works software product(s) accompanying this EULA, which include(s) computer software and may include “online” or electronic documentation, associated media, and printed materials (”SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT or any UPDATES (as defined below), 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, copy, or otherwise use the SOFTWARE PRODUCT; you may, however, contact Improving Works a full refund if you do not agree to the terms of this EULA. In addition, by installing, copying, or otherwise using any updates or other components of the SOFTWARE PRODUCT that you receive separately as part of the SOFTWARE PRODUCT (”UPDATES”), you agree to be bound by any additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or otherwise use such UPDATES.

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. NOTE: The terms of a printed, paper EULA which may accompany the SOFTWARE PRODUCT supersede the terms of any on-screen EULA found within the SOFTWARE PRODUCT.

1. LICENSE TO USE SOFTWARE PRODUCT.
1.1 General License Grant. Improving Works grants to you as an individual, a personal, nonexclusive license to make and use copies of the SOFTWARE PRODUCT for the primary purpose of designing, creating and testing computer programs (“SOFTWARE DEVELOPMENT”). You may install functional copies of the SOFTWARE PRODUCT on only one computer at a time, per license granted. If you are an entity, Improving Works grants you the right to designate one individual within your organization to have the sole right to use the SOFTWARE PRODUCT in the manner provided above.
1.2 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 computers used by a licensed end user in accordance with Section 1.1. A single license for the SOFTWARE PRODUCT may not be shared or used concurrently by other end users.
1.3 This Section 1.3 applies to separate tools and other software programs (each such tool or software program, a “Component”) contained on the SOFTWARE PRODUCT INSTALLATION BUNDLE. Components that you receive as part of the SOFTWARE PRODUCT may include a separate end-user license agreement (each, a “Component EULA”). Except as provided in Section 4, in the event of inconsistencies between this EULA and any Component EULA, the terms of this EULA shall control.

2. SUPPORT SERVICES. Improving Works will provide you with support services related to the SOFTWARE PRODUCT for one year following your purchase or renewal of a license at no additional cost (“Support Services”). Use of Support Services is governed by the Improving Works policies and programs described in online documentation and/or other Improving Works-provided materials.
2.1 The terms under which Support Services are provided may change at any time without notice.
2.2 Improving Works reserves the right to terminate further Support Services in exchange for the price paid, pro rated to the date that Support Services are terminated.
2.3 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. With respect to any technical information you provide to Improving Works as part of the Support Services, Improving Works may use such information for its business purposes, including for product support and development. Improving Works will not utilize such technical information in a form that personally identifies you.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
3.1 Not For Resale Software. The SOFTWARE PRODUCT is labeled “Not For Resale” or “NFR,” and you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
3.2 Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT under any conditions.
3.3 Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
3.4 Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Improving Works.
3.5 Software Transfer. The initial user of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, the License Key). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE PRODUCT.
3.6 Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use by more than one user.
3.7 Termination. Without prejudice to any other rights, Improving Works 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.

4. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Improving Works as being eligible for the 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.

5. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and models incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Improving Works 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 Improving Works.

6. 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 58 CFR 52.227-19, as applicable.

Manufacturer is Improving Works 15950 Dallas Parkway Dallas TX 75248 USA.

MISCELLANEOUS

If you acquired this product in the United States, this EULA is governed by the laws of the State of Texas.
If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.
If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact Improving Works for any reason, please contact Improving Works, or write: sales@radtime.com.

LIMITED WARRANTY

LIMITED WARRANTY. Except with respect to the REDISTRIBUTABLES and PRERELEASE CODE, which are provided “as is,” without warranty of any kind, Improving Works warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Improving Works shall be substantially as described in applicable written materials provided to you by Improving Works, and Improving Works support engineers will make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

CUSTOMER REMEDIES. Improving Works’s and its suppliers’ entire liability and your exclusive remedy shall be, at Improving Works’s option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Improving Works’s Limited Warranty and that is returned to Improving Works with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Improving Works are available without proof of purchase from an authorized international source.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Improving Works AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS 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 Improving Works OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, 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 FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF Improving Works HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, Improving Works’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A Improving Works SUPPORT SERVICES AGREEMENT, Improving Works’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Infinitest Individual Use License Agreement

END-USER LICENSE AGREEMENT FOR Improving Works SOFTWARE

IMPORTANT-READ CAREFULLY: This Improving Works End-User License Agreement (”EULA”) is a legal agreement between you (either an individual or a single entity) and Improving Works, Inc. for the Improving Works software product(s) accompanying this EULA, which include(s) computer software and may include “online” or electronic documentation, associated media, and printed materials (”SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT or any UPDATES (as defined below), 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, copy, or otherwise use the SOFTWARE PRODUCT; In addition, by installing, copying, or otherwise using any updates or other components of the SOFTWARE PRODUCT that you receive separately as part of the SOFTWARE PRODUCT (”UPDATES”), you agree to be bound by any additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or otherwise use such UPDATES.

SOFTWARE PRODUCT LICENSE

1. LICENSE TO USE SOFTWARE PRODUCT.
1.1 Individual License Grant. If you are an individual, Improving Works grants to you, a personal, nonexclusive license to make and use copies of the SOFTWARE PRODUCT for the primary purpose of designing, creating and testing computer software programs (“SOFTWARE DEVELOPMENT”) for which you are the owner of copyright. You may not use the SOFTWARE PRODUCT for any SOFTWARE DEVELOPMENT performed on behalf of an entity, including any work made for hire, whether commissioned under contract or as an employee within the scope of employment.
1.2 Corporate License Grant. If you are an entity, Improving Works grants you the right to designate an individual within your organization to have the sole right to use the SOFTWARE PRODUCT for SOFTWARE DEVELOPMENT for a period of no more than 30 days. After 30 days you must either (a) purchase a commercial license from Improving Works or an authorized reseller, or (b) destroy all copies of the SOFTWARE PRODUCT and discontinue its use.
1.3 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 computers used by a licensed end user in accordance with Sections 1.1 and 1.2. A single license for the SOFTWARE PRODUCT may not be shared or used concurrently by other end users.
1.4 This Section (1.4) applies to separate tools and other software programs (each such tool or software program, a “Component”) contained on the SOFTWARE PRODUCT INSTALLATION BUNDLE. Components that you receive as part of the SOFTWARE PRODUCT may include a separate end-user license agreement (each, a “Component EULA”). Except as provided in Section 3, in the event of inconsistencies between this EULA and any Component EULA, the terms of this EULA shall control.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 Not For Resale Software. The SOFTWARE PRODUCT is labeled “Not For Resale” or “NFR,” and you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
2.2 Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT under any conditions.
2.3 Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
2.4 Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Improving Works.
2.5 Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use by more than one user.
2.6 Termination. Without prejudice to any other rights, Improving Works 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 Improving Works as being eligible for the 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 intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and models incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Improving Works 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 Improving Works.

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 58 CFR 52.227-19, as applicable.
Manufacturer is Improving Works 15950 Dallas Parkway Dallas TX 75248 USA.

MISCELLANEOUS
If you acquired this product in the United States, this EULA is governed by the laws of the State of Texas.
If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.
If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact Improving Works for any reason, please contact Improving Works, or write: sales@radtime.com.

LIMITED WARRANTY
LIMITED WARRANTY. Except with respect to the REDISTRIBUTABLES and PRERELEASE CODE, which are provided “as is,” without warranty of any kind, Improving Works warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Improving Works shall be substantially as described in applicable written materials provided to you by Improving Works, and Improving Works support engineers will make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.