EULA
END-USER LICENSE AGREEMENT FOR LEE INDY
SOFTWARE
IMPORTANT-READ CAREFULLY:
This End-User License Agreement ("EULA")
is a legal agreement between you (either
an individual or a single entity) and Lee
Indy for the Lee Indy software product identified
above, which includes computer software
and may include associated media, printed
materials, "online" or electronic documentation,
and Internet-based services ("Product").
An amendment or addendum to this EULA may
accompany the Product. YOU AGREE TO BE BOUND
BY THE TERMS OF THIS EULA BY INSTALLING,
COPYING, OR OTHERWISE USING THE PRODUCT.
SOFTWARE PRODUCT LICENSE
1. GRANTS OF LICENSE. Lee
Indy grants you the rights described in
this EULA provided that you comply with
all terms and conditions of this EULA.
1.1 General License Grant.
Lee Indy grants to you as an individual,
a personal, nonexclusive license to make
and use one copy of the Product for which
the full purchase price has been paid, provided
that you are the only individual using the
Product. If you are an entity, Lee Indy
grants to you a personal, nonexclusive license
to make and use copies of the Product, provided
that for each individual using the Product
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
Product on a storage device, such as a network
server, used only to install or run the
Product on computers used by a licensed
end user in accordance with Section 1.1.
A single license for the Product may not
be shared or used concurrently by other
end users.
2. DESCRIPTION OF OTHER RIGHTS
AND LIMITATIONS
2.1 Not For Resale Software.
If the Product is labeled "Not For Resale"
or "NFR," then you may not resell, or otherwise
transfer for value, the Product.
2.2 Limitations on Reverse
Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile,
or disassemble the Product, except and only
to the extent that such activity is expressly
permitted by applicable law notwithstanding
this limitation.
2.3 Rental. You may not rent,
lease or lend the Product.
2.4 Trademarks. This EULA does
not grant you any rights in connection with
any trademarks or service marks of Lee Indy.
2.5 Consent to Use of Data.
You agree that Lee Indy 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 Product. Lee Indy 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.
2.6 Software Transfer. The
initial user of the Product may make a one-time
permanent transfer of this EULA and Product
only directly to an end user. This transfer
must include all of the Product (including
all component parts, the media and printed
materials, any upgrades, this EULA, and,
if applicable, the Certificate of Authenticity).
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 Product.
2.7 Separation of Components.
The Product is licensed as a single product.
Its component parts may not be separated
for use by more than one user.
2.8 Termination. Without prejudice
to any other rights, Lee Indy 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
Product and all of its component parts.
3. UPGRADES. To use a Product
identified as an upgrade, you must first
be licensed for the product identified by
Lee Indy as eligible for the upgrade. After
upgrading, you may no longer use the product
that formed the basis for your upgrade eligibility.
You may use the resulting upgraded product
only in accordance with the terms of this
EULA. If the Product is an upgrade of a
component of a package of software programs
that you licensed as a single product, the
Product may be used and transferred only
as part of that single product package and
may not be separated for use by more than
one end user.
4. DOWNGRADES. Instead of
installing and using the Product, you may
install and use one copy of an earlier version
of the Product, provided that you completely
remove such earlier version and install
the original Product 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 original Product.
5. LIMITED WARRANTY FOR PRODUCT
ACQUIRED IN THE US AND CANADA. Except with
respect to the Redistributables, which are
provided "AS IS," without warranty of any
kind, Lee Indy warrants that the Product
will perform substantially in accordance
with the accompanying materials for a period
of ninety days from the date of receipt.
If an implied warranty or condition is created
by your state/jurisdiction and federal or
state/provincial law prohibits disclaimer
of it, you also have an implied warranty
or condition, BUT ONLY AS TO DEFECTS DISCOVERED
DURING THE PERIOD OF THIS LIMITED WARRANTY
(NINETY DAYS). AS TO ANY DEFECTS DISCOVERED
AFTER THE NINETY (90) DAY PERIOD, THERE
IS NO WARRANTY OR CONDITION OF ANY KIND.
Some states/jurisdictions do not allow limitations
on how long an implied warranty or condition
lasts, so the above limitation may not apply
to you.
Any supplements or updates
to the Product, including without limitation,
any (if any) service packs or hot fixes
provided to you after the expiration of
the ninety day Limited Warranty period are
not covered by any warranty or condition,
express, implied or statutory. LIMITATION
ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES.
Your exclusive remedy for any breach of
this Limited Warranty is as set forth below.
Except for any refund elected by Lee Indy,
YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING
BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES,
if the Product does not meet Lee Indy's
Limited Warranty, and, to the maximum extent
allowed by applicable law, even if any remedy
fails of its essential purpose. The terms
of Section 7 below ("Exclusion of Incidental,
Consequential and Certain Other Damages")
are also incorporated into this Limited
Warranty. Some states/jurisdictions do not
allow the exclusion or limitation of incidental
or consequential damages, so the above limitation
or exclusion may not apply to you. This
Limited Warranty gives you specific legal
rights. You may have others which vary from
state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. Lee Indy's and its
suppliers' entire liability and your exclusive
remedy shall be, at Lee Indy's option from
time to time exercised subject to applicable
law, (a) return of the price paid (if any)
for the Product, or (b) repair or replacement
of the Product, that does not meet this
Limited Warranty and that is returned to
Lee Indy with a copy of your receipt. You
will receive the remedy elected by Lee Indy
without charge, except that you are responsible
for any expenses you may incur (e.g. cost
of shipping the Product to Lee Indy). This
Limited Warranty is void if failure of the
Product has resulted from accident, abuse,
misapplication, abnormal use or a virus.
Any replacement Product will be warranted
for the remainder of the original warranty
period or thirty (30) days, whichever is
longer. Outside the United States or Canada,
neither these remedies nor any product support
services offered by Lee Indy are available
without proof of purchase from an authorized
international source. To exercise your remedy,
contact: Attn. Lee Indy, 2324 Grand Avenue,
Unit 4, Fort Myers, FL 33901, or the Lee
Indy subsidiary serving your country.
6. DISCLAIMER OF WARRANTIES.
The Limited Warranty that appears above
is the only express warranty made to you
and is provided in lieu of any other express
warranties (if any) created by any documentation,
packaging, or other communications. Except
for the Limited Warranty and to the maximum
extent permitted by applicable law, Lee
Indy and its suppliers provide the Product
and support services (if any) AS IS AND
WITH ALL FAULTS, and hereby disclaim all
other warranties and conditions, either
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 Product, and the provision of or
failure to provide support or other services,
information, software, and related content
through the Product or otherwise arising
out of the use of the Product. ALSO, THERE
IS NO WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE
TO DESCRIPTION OR NON-INFRINGEMENT WITH
REGARD TO THE PRODUCT.
7. EXCLUSION OF INCIDENTAL,
CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL LEE INDY 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 PRODUCT, THE PROVISION OF OR FAILURE
TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON,
SOFTWARE, AND RELATED CONTENT THROUGH THE
PRODUCT OR OTHERWISE ARISING OUT OF THE
USE OF THE PRODUCT, OR OTHERWISE UNDER OR
IN CONNECTION WITH ANY PROVISION OF THIS
EULA, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY,
BREACH OF CONTRACT OR BREACH OF WARRANTY
OF LEE INDY OR ANY SUPPLIER, AND EVEN IF
LEE INDY OR ANY SUPPLIER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
8. LINKS TO THIRD PARTY SITES.
You may link to third party sites through
the use of the Product. The third party
sites are not under the control of Lee Indy,
and Lee Indy 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. Lee Indy
is not responsible for webcasting or any
other form of transmission received from
any third party sites. Lee Indy 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 Lee Indy of the third party site.
9. LIMITATION OF LIABILITY
AND REMEDIES. Notwithstanding any damages
that you might incur for any reason whatsoever
(including, without limitation, all damages
referenced above and all direct or general
damages), the entire liability of Lee Indy
and any of its suppliers under any provision
of this EULA and your exclusive remedy for
all of the foregoing (except for any remedy
of repair or replacement elected by Lee
Indy with respect to any breach of the Limited
Warranty) shall be limited to the greater
of the amount actually paid by you for the
Product or U.S.$5.00. The foregoing limitations,
exclusions and disclaimers (including Sections
5, 6 and 7 above) shall apply to the maximum
extent permitted by applicable law, even
if any remedy fails its essential purpose.
10. EXPORT RESTRICTIONS. You
acknowledge that the Product is of U.S.
origin and subject to U.S. export jurisdiction.
You agree to comply with all applicable
international and national laws that apply
to the Product, including the U.S. Export
Administration Regulations, as well as end-user,
end-use, and destination restrictions issued
by U.S. and other governments.
11. APPLICABLE LAW. This EULA
is governed by the laws of the State of
Florida.
12. ENTIRE AGREEMENT. This
EULA (including any addendum or amendment
to this EULA which is included with the
Product) are the entire agreement between
you and Lee Indy relating to the Product
and the support services (if any) and they
supersede all prior or contemporaneous oral
or written communications, proposals and
representations with respect to the Product
or any other subject matter covered by this
EULA. To the extent the terms of any Lee
Indy policies or programs for support services
conflict with the terms of this EULA, the
terms of this EULA shall control.
13. The Product is protected
by copyright and other intellectual property
laws and treaties. Lee Indy or its suppliers
own the title, copyright, and other intellectual
property rights in the Product.
The Product is licensed, not
sold.
