Armstrong Process Group End User License Agreement
PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY BEFORE DOWNLOADING OR USING THIS SOFTWARE. BY CLICKING ON THE “ACCEPT” BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, UNLOCKING A TRIAL PRODUCT WITH A REGISTRATION CODE OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, ABORT THE INSTALLATION PROCESS AND DO NOT USE THE REGISTRATION CODE. IN ADDITION: (1) IF YOU PURCHASED THE PRODUCT, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND; OR, (2) IF YOU ARE OTHERWISE ATTEMPTING TO DOWNLOAD THE PRODUCT AND YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT COMPLETE THE DOWNLOAD; OR, (3) IF YOUR SOFTWARE WAS INCLUDED IN PRODUCTS OR SERVICE WHICH YOU PURCHASED AND YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
IMPORTANT – READ CAREFULLY: This EULA is a legal agreement between you (either an individual or a single entity) and Armstrong Process Group, Inc. (“APG”) covering your use of the software product(s) identified above (the “Program”). The Program includes computer software, and may include associated media, printed materials, and “online” or electronic documentation. By installing, copying, downloading, accessing or otherwise using the Program, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, APG is unwilling to license the Program to you, you may not use or copy the Program, and you should follow the instructions above concerning return or non-use of the unused product(s) for a refund.
The Program is protected by copyright laws as well as other intellectual property laws and treaties. The Program and the accompanying documentation are licensed, not sold, to you. This includes any updates or upgrades to the Program licensed to you by APG. If the Program is labeled as an upgrade, you must be properly licensed to use a product identified by APG as being eligible for the upgrade in order to use the Program. If the Program is an upgrade of a component of a package of software programs that you licensed as a single product, the Program 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. Subject to the terms of this agreement, you have a non-exclusive and nontransferable right to use the Program and Documentation. For each registered serial number and Software License Key you purchase, you may use this Program on a single computer within the United States and its territories or any other country to which this program can legally be exported. This Program is “in use” on a computer when it is loaded into temporary memory or installed in permanent memory (Hard Drive, CD-ROM or other storage device). The term “Computer” as used herein shall mean the hardware, if the hardware is a single computer system, or shall mean the computer system with which the hardware operates, if the hardware is a computer system component. You agree to use your best efforts to prevent and protect the contents of the Program and Documentation from unauthorized use or disclosure. You agree that you will register this Program and its Serial Number only with APG or one of its authorized distributors and that you will only install a Software License Key obtained directly from APG.
You may not rent, lease, sell or otherwise transfer or distribute copies of the Program to others, nor may you create derivative works of the Program. You may not modify or translate the Program or Documentation without the prior consent of APG. You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to create the source code from the Program. The Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of APG. The customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third-party without the prior written consent of APG. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to the Program and documentation shall remain solely with APG.
You may not redistribute, bundle, or package any FREE Program or Software downloaded or obtained from APG without the prior written consent of APG. You may not use any FREE Program or Software downloaded or obtained from APG in the production of a commercial product without the prior written consent of APG.
You may not delete, remove, hide, move or alter any Icon, Image or Text that represents either the company name of APG or any derivation thereof. All representations to the company name “APG” or must remain as originally distributed regardless of the presence or absence of a copyright symbol.
You may make copies of the Program and Software License for backup purposes. You may physically transfer the Program, Documentation, and Software License from one computer to another provided that the Product is only installed, used on one computer at a time, and is being used by the person named by the license or registration code. Except as expressly provided in this EULA, you may not otherwise make copies of the Program, including the printed materials accompanying the Program.
This license is effective until terminated. You may terminate this license at any time by destroying the Program, Documentation, and Software License Key as well as each backup copy. Without prejudice to any other rights, APG 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 Program and all of its component parts. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will either destroy (or permanently erase) all copies of the Program, Documentation, and Software License Key. APG reserves the right to terminate Software License, Program and/or Installed Software should end-user fail to remit payment for Software License and/or Program to APG or an authorized reseller of APG.
This EULA does not grant you any rights in connection with any trademarks or service marks of APG or its suppliers. All title and intellectual property rights in and to the Program (including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the Program, the accompanying printed materials, and any copies of the Program, are owned by APG or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Program 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 under this EULA are reserved by APG and its suppliers. You agree that you will not export or re-export the Program to any country, person, or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the Program (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Program or portion thereof in the design, development, or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.
The following is without prejudice to any rights you may have at law which cannot legally be excluded or restricted. APG and its distributors provide the Program and Documentation “AS IS” without warranty of any kind either express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, usage or trade practice. You acknowledge that no promise, representation, warranty or undertaking has been made or given by APG to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the Program, manuals or written materials. You have relied upon your own skill and judgment in deciding to acquire the Program and any accompanying manuals and written materials for use by you. In no event does APG warrant that the Program is error free or that you will be able to operate the Program without problems or interruptions.
IN NO EVENT WILL APG OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE OR DATA OR OTHER DIRECT OR INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM FOR ANY REASON WHATSOEVER INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, OR SUPPLY OR NON-SUPPLY THE PROGRAM, EVEN IF APG, ITS LICENSORS OR AUTHORIZED DISTRIBUTORS OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION ON LIABILITY IS EQUALLY APPLICABLE TO ANY DAMAGES ARISING OUT OF ANY PROBLEM OF ANY KIND WHATSOEVER, WHETHER THE DAMAGES RESULT FROM ACTIONS OR INACTIONS OF APG OR ARE THE RESULT OF THIRD PARTIES. APG’S TOTAL LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT IS IN ANY CASE LIMITED TO EITHER THE AMOUNT ACTUALLY PAID BY YOU FOR THE PROGRAM FOR ANY CLAIM DURING THE FIRST 90 DAYS FOLLOWING THE PURCHASE OR THE AMOUNT OF THE ANNUAL SOFTWARE MAINTENANCE PAID FOR ANY CLAIM THEREAFTER. THE FORGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
This EULA shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States of America,as if performed wholly within the state and without giving effect to the principles of conflicts of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this EULA shall remain in full force and effect. This EULA constitutes the entire license between the parties with respect to the use of the Program.
APG warrants that the Software and related documentation do not infringe on any patents, copyrights or trademarks or constitute misappropriation of third-party proprietary information. APG will defend, indemnify and hold you harmless against any claim that the Software infringes on or was created in whole or in part by violation of copyright,patent, trade secret or other intellectual property right,provided that: (a) You promptly notify APG of the claim; (b) APG has primary control of the defense provided that you shall have full right to participate in the litigation and in all settlement negotiations. You shall further have the right to settle any such claim without APG’s approval, provided that any such settlement shall be non-binding upon APG and shall not in any manner prejudice APG’s defense’s to any claims by you; and (ac) You provide APG with reasonable assistance, information and authority in the litigation.
Restricted Rights – APG’s software is provided to agencies with RESTRICTED RIGHTS and its supporting documentation is provided with LIMITED RIGHTS. Use,duplication, or disclosure by the government is subject to the restrictions as set forth in subparagraph “C” of the Commercial Computer Software – Restricted Rights clause at FAR 52.227-19.
Last updated March 2005