THIS LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY), THE END USER, AND E-ON SOFTWARE, INC. IT IS A LICENSE AGREEMENT, AND NOT AN AGREEMENT FOR SALE OF THE PRODUCT (“PRODUCT”) VUE PIONEER. BY DOING ANY OF THE FOLLOWING, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA: INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE PRODUCT, INCLUDING THE ACT OF REGISTERING THE PRODUCT (COLLECTIVELY REFERED TO AS “USE”).
THE PRODUCT MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND “ONLINE” OR ELECTRONIC DOCUMENTATION AND FILES. ALL COMPONENTS OF THE PRODUCT ARE LICENSED TOGETHER AS A SINGLE PRODUCT. ITS COMPONENT PARTS MAY NOT BE SEPARATED FOR USE ON MORE THAN ONE COMPUTER OR SOLD SEPARATELY.
THE PRODUCT AUTOMATICALLY INCLUDES ANY UPDATES, SUPPLEMENTS OR AMENDMENTS TO THE ORIGINAL PRODUCT PROVIDED TO YOU. IF THE UPDATES, SUPPLEMENTS OR AMENDMENTS CONTAIN A SEPARATE AGREEMENT WHICH EITHER AMENDS OR REPLACES THIS EULA, USE OF THE UPDATE, SUPPLEMENT OR AMENDMENT CONSTITUTES YOUR FULL AGREEMENT TO THE AMENDED OR REPLACEMENT EULA.
ANY SOFTWARE PROVIDED ALONG WITH THE PRODUCT THAT IS ASSOCIATED WITH A SEPARATE END-USER LICENSE AGREEMENT IS LICENSED TO YOU UNDER THE TERMS OF THAT LICENSE AGREEMENT.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ANY USE OF THE PRODUCT. IF YOU DISAGREE WITH ANY OF THE FOLLOWING, IN PART OR IN WHOLE, YOU ARE NOT ALLOWED TO USE THE PRODUCT, AND SHOULD RETURN THE PACKAGE UNOPENED TO THE DEALER FROM WHOM YOU PURCHASED IT. YOU ARE SUBJECT TO ANY ADDITIONAL RETURN POLICIES AND REQUIREMENTS OF THE DEALER FROM WHICH YOU PURCHASED THE PRODUCT.
License
In consideration of the payment of a license fee, you are granted a personal, non-exclusive license to use the Product under the terms stated herein. If any portion of this Agreement is held to be unenforceable, such portion shall be reformed only to the extent necessary to make it enforceable.
You own the physical media on which the Product is provided, under the terms of this Agreement, but all title and ownership of the Product and all other rights not expressly granted to you by this Agreement, remain with e-on software, inc.
Not For Resale Version (“NFR”). If your copy of the Product is a Not for Resale version, this EULA is non-transferable and may not be resold. If you purchased an NFR version from a reseller, the reseller has violated e-on software's intellectual property rights under international copyright law. It is not a legal copy of the Product.
Trial Version. If your copy of the Product is a Trial version, this EULA is non-transferable and may not be resold. If you purchased a Trial version from a reseller, the reseller has violated e-on software's intellectual property rights under international copyright law. It is not a legal copy of the Product.
Vue Pioneer and Trial versions of Vue may not be used for any commercial purpose, including the use of Vue Pioneer or a Trial version of Vue to create works of art, or portions of works of art, for a fee or resale. If you are using Vue Pioneer and desire to create works of art or portions of works of art for a fee or resale, you need to upgrade to Vue Esprit or a higher version of Vue. Please contact e-on software for upgrade pricing and the cost of additional modules
The Product can only be used on a single computer at any one time. You may install and use the Product on a secondary computer (for instance, a laptop), provided that (i) said secondary computer is not operated at the same location as primary computer, and (ii) that the Product is not used simultaneously on the primary and secondary computers. Should you wish to use the Product on more computers, or on several computers simultaneously, you must purchase another copy of the Product. You may not, under any circumstances, have the Product loaded onto the hard drives of more than two computers at the same time.
Copyright
The Product is owned by e-on software, inc and is protected by U.S. copyright law as well as by international intellectual property conventions. Any reproduction, sale, transfer, transcription, storage in a retrieval system, translation into any language in any form or distribution by any means whatsoever of the Product, in part or in full, without the prior written permission from e-on software, inc. is strictly forbidden. Any such act shall constitute a copyright violation and shall be prosecuted to the fullest extent of the law.
By law, you, the end user, may do the following:
(i) Make one (1) archival copy of the Product, in machine readable or printed form for backup purposes only in support of your use of the Product. You must reproduce and include the e-on software, inc. copyright notice on the backup copy of the Product.
(ii) Transfer the Product onto one or two hard drives, provided that you keep the original solely for backup purposes.
Any portion of the Product merged into or used in conjunction with another program will continue to be the property of e-on software, inc. and subject to the terms and conditions of this Agreement. You must reproduce and include the e-on software, inc. copyright notice on any portion merged in or used in conjunction with another program.
Restrictions
You may not rent, lend, lease, or assign the Product. You may, however, transfer on a permanent basis the entire Product, including all associated media and documentation. If you acquired the Product as an upgrade from another product (the “upgraded product”), you may not (i) transfer the Product without simultaneously transferring the upgraded product, or (ii) transfer the upgraded product without simultaneously transferring the Product. If you acquired the Product as part of a bundle with one or several other products, you may not (i) transfer the Product without simultaneously transferring all other products in the bundle, or (ii) transfer one or several other products in the bundle without simultaneously transferring the Product.
When you make such transfer on a permanent basis, you may not keep any copies of the Product, and you must remove it from your hard drive(s). The person to whom you transfer the Product must agree to the terms of this License agreement. You must notify e-on software in writing of the transfer, including the name, permanent address, phone number and email address of the person to whom you transfer the software.
You may not alter, modify, translate or adapt the Product. In addition, you may not de-compile, disassemble or reverse engineer the Product. You also may not create any derivative works based on the Product. A derivative work is defined as a translation or other form in which the Product may be recast, transformed or adapted.
Term
This license granted to you is effective until terminated. You may terminate it at any time by returning the Product to e-on software, inc. together with all copies, modifications, and merged portions in any form. The license will also terminate upon conditions set forth elsewhere in the Agreement, or if you fail to comply with any term or condition of this Agreement. You agree, upon such termination, to return the Product and the Documentation to e-on software, inc. together with all copies, modifications and merged portions in any form.
The license to use a NFR version of the Product is granted for a one year term and will expire on the first anniversary of the first activation of the license. The license to use a Trial version of the Product is granted for a limited term that will be identified with the license. You are not allowed to use the Product after this term. If you wish to continue using the Product after this term, you must purchase a new license.
Upon termination, e-on software, inc. can also enforce any rights provided by law. The provision of this Agreement which protects the proprietary rights of e-on software, inc. will continue in force after termination. Termination of this license, either voluntary or involuntary, does not entitle you to a refund of your purchase cost except as provided elsewhere in this License Agreement.
Limited Warranty
E-on software, inc. warrants, as the sole warranty, that the original medium on which the Product is distributed are free from defects in material and workmanship under normal use and conditions for a period of thirty (30) days from the date of the purchase, as evidenced by a copy of your receipt. No distributor, dealer, or any other entity or person has authorization to expand or alter either this warranty or any term of this Agreement. Any such representations will not bind e-on software, inc.
You agree that in order to qualify for any technical or customer support, including any replacement of any component of the Product under the terms of this Agreement, you need to have registered the Product first with e-on software.
E-on software, inc. does not warrant that the functions contained in the Product will meet your requirements, or that the operation of the Product will be uninterrupted and error-free. Except as stated above in this section, the Product and Documentation are provided as-is, without any other warranty or representation of any kind, either express or implied concerning the Product, Documentation, or use of the Product, including, but not limited to the implied warranties of quality, merchantability and fitness for a particular purpose. Using the Product is at your own risks, and in no event shall e-on software, inc. be liable for any damage whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, 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 Product or Documentation, even if e-on software, inc. has been advised of the possibility of such damages.
The warranties and remedies set forth above are exclusive and in lieu of all others, oral or written, express or implied.
E-on software, inc. is not responsible for any costs including, but not limited to, those incurred as a result of lost profits or revenue, loss of time or use of the Product, loss of data, the costs of recovering such Product or data, the cost of substitute Product, claims by third parties, of other similar costs.
The warranties provided give you specific legal rights. You may have other rights which vary from state to state. Some states do not allow the exclusion of incidental or consequential damages, or the limitation of how long an implied warranty lasts, so some of the above may not apply to you.
In no event will the entire liability of e-on software, inc., under any provision of this Agreement, ever exceed the amount of the license fee paid by you to use the Product regardless of the form of the claim. This Limited Warranty is void if failure of the Product or Documentation has resulted from accident, abuse, or misapplication. Any replacement Product or Documentation will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
Remedies
If a defect in the original medium on which the Product is distributed or in the Documentation occurs within thirty (30) days of purchase, you may return the faulty medium or Documentation to e-on software, inc., along with your name, address, and a dated proof of purchase, and e-on software, inc. will replace it free of charge.
Before returning a product to e-on software, you must contact an e-on software representative to obtain a Return Authorization Number. This Return Authorization Number must figure prominently on the returned package. Products returned without a valid Return Authorization Number will not be considered for replacement or refund.
If you return the medium or Documentation, you must prepay shipping and either insure the Product and Documentation or assume all risk of loss or damage in transit.
US Government Restricted Rights
The Product and Documentation are provided with restricted rights. Use, duplication or disclosure by the US Government is subject to restrictions as set forth in subdivision (c) (1) (ii) of the Rights in Technical Data and Computer Software Clause at (252)227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights at 48CFR52.227-19, as applicable. The contractor / manufacturer of the Product and Documentation thereto is e-on software, inc., 68 avenue Parmentier, 75011 Paris (France).
E-on software can be contacted at 6107 SW Murray Blvd Suite 264, Beaverton, OR 97008-4467 or in Europe at 68 avenue Parmentier, 75011 Paris, France.