Terms and ConditionsQuantForum - Palisade Corporation T's and C's
End User License Agreement Please remember to register your software online at http://www.palisade.com/support/register.asp. THIS IS A CONTRACT. BY USING THIS SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DECLINE WHERE INSTRUCTED, AND YOU WILL NOT BE ABLE TO USE THE SOFTWARE. IF APPLICABLE, RETURN THE SOFTWARE PACKAGE AND ALL COMPONENTS OF THIS PRODUCT FOR A REFUND. 1. DEFINITIONS. “Palisade” means Palisade Corporation, having its headquarters at 798 Cascadilla Street, Ithaca, NY 14850 USA or any of its subsidiaries including Palisade Europe UK Ltd and Palisade Asia-Pacific Pty Limited. “Software” means the computer program that will be installed with this installer, the media on which you received it (if any), and updates and upgrades to the original Software. “Support Services” means technical support services for the Software. 2. LICENSE SCOPE. These license terms permit installation and use of one copy of the Software on one computer or device, along with other rights, as described below. Before you use the Software under a license, you must assign that license to one device. That device is the “licensed device.” A hardware partition or blade is considered to be a separate device. You may install and use one copy of the Software on the licensed device. The components of the Software are licensed as a single unit. You may not separate the components and install them on different devices. The Software is licensed, not sold. This License Agreement only gives you some rights to use the Software. Palisade reserves all ownership, intellectual property, copyright, and other rights. You may use the Software only as expressly permitted in this Agreement. In doing so, you must comply with any technical limitations in the Software that only allow you to use it in certain ways. You may not: work around any technical limitations in the Software; reverse engineer, decompile, or disassemble the Software; make more copies of the Software than specified in this Agreement; publish the Software for others to copy; network the Software or otherwise use it on more than one device at a time; use the Software in any way that is against the law; sell, rent, lend, lease, or distribute the Software to others; or use the Software for commercial software hosting services. 3. MANDATORY ACTIVATION. Activation associates the use of the Software with a specific device. During activation, the Software will send information about the Software and the device to Palisade. This information includes the activation ID and information derived from the hardware configuration. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Palisade does not use this information to identify or contact you. Palisade keeps this information strictly confidential and does not rent, sell, or provide any such information to third parties. After the time recommended for activation expires, your rights to use the Software will be limited until the Software is activated. This is to prevent unlicensed use. You can activate the Software by Internet (which may happen automatically upon installation if you have a live Internet connection during installation) or e-mail. Some changes to your computer components or to the Software may require you to reactivate the Software. The Software will remind you to activate until you do. 4. VALIDATION. The Software will from time to time update the validation feature of the Software. Validation verifies that the Software has been activated and is properly licensed. Validation also permits you to use certain features of the Software or to obtain additional benefits. During a validation check, the Software will send information about the Software to Palisade. This information includes the Software activation ID. Palisade does not use this information to identify or contact you. Palisade keeps this information strictly confidential and does not rent, sell, or provide any such information to third parties. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. If the Software is not properly licensed, the functionality of the Software may be affected. 5. BACKUP COPY. You may make one copy of the Software solely for backup purposes. You must reproduce and include the copyright notice on the backup copy. 6. REASSIGN TO ANOTHER DEVICE. You may reassign the license to a different device any number of times, but not more than one time every 90 days. To reassign the Software, you must first deactivate the Software on the first device so that it is no longer functional. If you reassign the Software, the new device becomes the “licensed device.” If you retire the licensed device due to hardware failure, you may reassign the license sooner. 7. TRANSFER TO A THIRD PARTY. To transfer the Software to a third party, the first user must deactivate and uninstall the Software before transferring it separately from the device. The first user may not retain any copies. Before any permitted use of the Software, the other party must agree that this Agreement applies to the transfer and use of the Software. The transfer must include any backup copy of the Software and/or physical documentation. If the Software is an upgrade, any transfer must also include all prior versions of the Software. 8. TRIAL AND CONVERSION. Some or all of the Software may be licensed on a trial basis. Your rights to use trial Software are limited to the trial period. The trial Software and length of the trial period are set forth during installation. You may have the option to convert trial rights to perpetual or subscription rights, and such options may be presented upon expiration of the trial period. After expiration of any trial period without conversion, the trial Software will stop functioning and licensing rights will end. 9. UPGRADE OR CONVERSION. To upgrade or convert Software, you must first be licensed for the Software that is eligible for the upgrade or conversion. Upon upgrade or conversion, this License Agreement takes the place of the agreement for the Software you upgraded or converted from. After you upgrade or convert, you may no longer use the earlier version of the Software you upgraded or converted from. 10. SUBSCRIPTION SOFTWARE. If you licensed the Software on a subscription basis, your rights to use the Software are limited to the subscription period. You may have the option to extend the subscription or convert to a perpetual license. If you extend the subscription, you may continue using the Software until the end of the extended subscription period. After expiration of the subscription period without extension or conversion, the Software will stop functioning and licensing rights will end. 11. DOCUMENTATION. The electronic documentation included with the Software may be copied and used for internal purposes only. You may not sell, rent, lend, provide or distribute the Software documentation, either electronic or physical, to third parties. 12. ACADEMIC EDITION SOFTWARE. You must be a qualified academic user to purchase and use Student, Academic, and Course License editions of the Software. Palisade sales staff can tell you whether you are a qualified academic user. 13. NOT FOR RESALE SOFTWARE. You may not sell software marked “NFR” or “NOT FOR RESALE.” 14. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN ONLY RECOVER FROM PALISADE AND ITS SUPPLIERS DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to anything related to the Software or Support Services (including your use of, the results of your use, or your inability to use the Software or Support Services), and to claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by law. It also applies even if repair, replacement, or refund for the Software or Support Services does not fully compensate you for any losses, or if Palisade knew or should have known about the possibility of the damages. Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. 15. LIMITED WARRANTY. If you follow the User Guide documentation provided with the Software, Palisade warrants the Software will perform substantially as described in the documentation. Palisade does not warrant or guarantee nor make any representations regarding the use of the Software in terms of correctness, accuracy, reliability, currency or otherwise; and you rely on the Software and results solely at your own risk. This Limited Warranty covers the Software for 90 days after first purchase. If you receive updates, upgrades, or replacement software during the 90 day period, the Limited Warranty will apply for 30 days or the remainder of the warranty period, whichever is longer. This Limited Warranty does not cover problems caused by your acts (or failure to act), the acts of others, or events beyond Palisade’s reasonable control. In the event the Software does not meet this Limited Warranty, Palisade will repair or replace the Software at no charge. If Palisade cannot repair or replace the Software, Palisade will refund the amount shown on your receipt or paid invoice for the Software. You must uninstall the Software and return any media and other associated materials (such as printed documentation) to Palisade with proof of purchase to obtain a refund. These are your only remedies for breach of this Limited Warranty. The above is the only warranty of any kind, either expressed or implied. Palisade excludes the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. This warranty gives you specific legal rights and you may have other rights that vary from state to state, or in other countries. Palisade provides Support Services without warranty of any kind. The Limitation On and Exclusion of Damages clause above applies to breaches of this Limited Warranty. 16. SOFTWARE MAINTENANCE SUPPORT SERVICES AND UPDATES. If the Software was provided with Software Maintenance, you are entitled to Software updates and upgrades and Support Services free of charge during the Support period only, provided the Software is used in compliance with this License Agreement. Software updates and upgrades and Support Services provided under your Maintenance plan are for your use only and not for distribution to or use by others. Without a current Software Maintenance plan, you cannot receive Software updates or upgrades, and Support Services are only available on a per-incident basis at standard retail prices. If the Software is used in breach of this License Agreement, you will not be able to receive Software updates, upgrades, or Support Services, even if you have paid the Software Maintenance fee. 17. TERM. This license is effective until terminated. This license will terminate if you fail to comply with any term or condition of this Agreement. You agree, upon such termination, to cease using and destroy all copies of the Software and documentation. You will not receive a refund if the license terminates from your breach of this Agreement. 18. EXPORT RESTRICTIONS. The Software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software. These laws include restrictions on destinations, end users, and end use. 19. ENTIRE AGREEMENT. This Agreement, together with any addendum or amendment included with the Software or Support Services, forms the entire Agreement for the Software and Support Services. 20. GOVERNING LAW. This License Agreement shall be governed by the laws of the State of New York, United States of America and shall inure to the benefit of Palisade, its successors, administrators, heirs, and assigns. If you acquired the Software outside the United States, the laws of that country may apply.