END-USER LICENSE AGREEMENT FOR Virto SharePoint Workflow Scheduler.
Please review the following license agreement before installing or using the Virto SharePoint Workflow Scheduler software product and/or its related materials. If you agree to the terms herein then you must click the 'I ACCEPT' button at the bottom of this license before you are permitted to use this software and related documents.
Definitions: This Virtosoftware Ltd. End-User Software License Agreement ('EULA') is a legal agreement between you (either as an individual user, corporation or single entity) and Virtosoftware Ltd. for the Virto SharePoint Workflow Scheduler product which includes computer software, and may include associated media, printed materials, and 'online' or electronic documentation ('SOFTWARE PRODUCT' or 'SOFTWARE'). By exercising your rights to install the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA, including the limitations and warranty disclaimers. If you do NOT agree to the terms of this EULA, you may not install nor use the SOFTWARE PRODUCT; If this is the case, please exit now and do not click 'I ACCEPT'.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. GRANT OF LICENSE.
This is a license agreement, and NOT an agreement for sale. Virtosoftware retains ownership of the copy of THE SOFTWARE in your possession, and all copies you may be licensed to make. Virtosoftware retains all rights not expressly granted to you in this LICENSE. Virtosoftware hereby grants to you, and you accept, a non-exclusive, non-transferable license to use, copy and modify THE SOFTWARE only as authorized below.
Provided that you have accepted these terms contained herein by clicking the 'I ACCEPT' button at the end of this Agreement, this EULA grants you the following rights:
Installation and Use:
Application License: You are granted a license to install the SOFTWARE PRODUCT on a single production web server, and use it for one SharePoint web server.
You are required to ensure that the SOFTWARE PRODUCT is not distributed in any form that allows it to be reused by any application other than that with which you distribute it. For example, if you install the Virto SharePoint Workflow Scheduler control along with a packaged application on a customer's server, that customer is not permitted to use the control independent of your application.
You are required to ensure that the SOFTWARE PRODUCT is not distributed in any form that allows it to be reused by any application other than that with which you distribute it. For example, if you install the Virto SharePoint Workflow Scheduler control along with a packaged application on a customer's server, that customer is not permitted to use the control independent of your application.
In no case shall you rent, lease, lend, redistribute nor re-license THE SOFTWARE PRODUCT to a 3rd party individual or entity, except as outlined above. In no case shall you grant further redistribution rights for THE SOFTWARE PRODUCT to the end-users of your solution.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Termination. Without prejudice to any other rights, Virtosoftware Ltd. 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, source code, associated documentation, and related materials.
3. COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and 'applets' incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Virtosoftware Ltd. The SOFTWARE PRODUCT is protected U.S. copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
4. LIMITED WARRANTY.
NO WARRANTIES. Virtosoftware Ltd. expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided 'as is' without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
5. LIMITATION OF LIABILITY.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Virtosoftware Ltd. or its distributors be liable for any 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 this Virtosoftware Ltd. product (THE SOFTWARE PRODUCT) and related materials, even if Virtosoftware Ltd. has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
If you have any questions regarding this End User License Agreement, please write to:
Virtosoftware Ltd.
497 Bowdoin St., CA 94134
San Francisco