EiffelStudio License agreement

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• license

END USER LICENSE AGREEMENT
EiffelStudio Integrated Development Environment,

Carefully read all of the terms and conditions of this agreement prior to
opening or downloading the software package, or starting its installation
procedure. Opening or downloading the software package, or starting its
installation procedure, indicates your acceptance of these terms and conditions.
This software agreement governs your use of EiffelStudio Integrated Developmen
t Environment (hereinafter referred to as EiffelStudio)
from Interactive Software Engineering, Inc., a California Corporation with
offices in Goleta, California 93117, doing business as Eiffel Software
(hereinafter Eiffel Software). By using the enclosed EiffelStudio software package,
you agree to the following terms and conditions;


1. GRANT OF LICENSE

Eiffel Software grants to you a nonexclusive, nontransferable temporary license
to use EiffelStudio solely on the number of computer system(s) designated on
your purchase order or invoice.


2. PERMITTED USES

a) You may use the EiffelStudio software solely on the number of
computer system(s) for which it is purchased. In addition, if the license
is for a company of which you are an employee, you may use the EiffelStudio
software on one personal (home or laptop) computer for each designated company
computer system, provided that personal computer is used by the same user
as the company computer, and not concurrently with it.

b) You shall not make or distribute copies of the EiffelStudio software,
or electronically transfer the EiffelStudio software from one computer
to another or over a network.

c) You may not alter, merge, modify, adapt or translate the EiffelStudio
software, or decompile, reverse engineer, disassemble, or otherwise
reduce the EiffelStudio software to a human-perceivable form.

d) You shall not sell, rent, lease, or sublicense the EiffelStudio software.

e) You shall not modify the EiffelStudio software or create derivative
works based upon the EiffelStudio software.


3. PROPERTY RIGHTS

a) EiffelStudio is copyrighted by Eiffel Software and proprietary to
Eiffel Software, and Eiffel Software retains title and ownership of
EiffelStudio, and all copies of EiffelStudio, including the copy of
EiffelStudio recorded on delivery media if any.

b) This is not a sale of EiffelStudio or any copy. You agree to take
all reasonable steps to protect EiffelStudio against unauthorized use
or copy. You agree not to make copies of EiffelStudio or EiffelStudio
documentation or part thereof other, except possibly as required by
backup procedures compatible with industry standards and the enforcement
of Eiffel Software's proprietary rights. You must reproduce and include
any copyrights, trademark notices and the legends on the backup copy.
You must maintain an accurate record of the location of the backup copy
at all times.


4. LIMITED WARRANTY

The EiffelStudio software and user manuals are provided "as is" without
warranty of any kind, either express or implied, including, but not limited to
the implied warranties of merchantability and fitness for a particular purpose.
The entire risk as to the quality and performance of the EiffelStudio software
and user manuals is with you.


5. EXPORT

a) You shall not, without the prior written consent of Eiffel Software,
transmit EiffelStudio directly or indirectly to any company inside or
outside the United States.

b) You hereby warrant to Eiffel Software that you have no intention to
and will not, without prior written consent, if required, of the
Office of Export Administration of the United States Department of Commerce,
Washington, D.C. 20230 transmit directly or indirectly (i) EiffelStudio,
or (ii) any immediate product (including services produced directly by use
of EiffelStudio) to countries as prohibited by the U.S. Federal government.


6. TERM

a) The license is effective until terminated. You may terminate the license
at any time by destroying the software and its documentation with all copies
or modifications in any form.

b) Upon providing you with thirty (30) days written notice, Eiffel Software
may terminate all rights provided under this agreement upon your failure to
fulfill any one or more of the terms, conditions and/or obligations imposed
by this agreement. Said notice to you shall breach this agreement and you shall
have a one (1) month period in which to cure any breach to the satisfaction of
Eiffel Software. In the event the breach is not cured by you, you shall deliver
to Eiffel Software all software and materials provided under this agreement,
shall make all licensed software that may be stored in any storage unusable,
and shall certify to Eiffel Software in writing that the same has been completed
within that thirty (30) days period. Eiffel Software shall have no obligation
to refund any monies paid under this agreement.


7. NO OTHER RIGHTS

Eiffel Software warrants solely that it grants the rights as provided herein.
No license or right relevant to any patent or trademark is herein to be
construed as conferred upon you by Eiffel Software by implication or estoppels
or any other basis. This is regardless as to whether the rights granted
hereunder utilize invention within existing patent to be issued subsequent
to the date of this agreement.


8. MISCELLANEOUS PROVISIONS

a) All correspondence shall be directed to Eiffel Software at
the following address:

Customer Service Department
Eiffel Software
5949 Hollister Avenue, Goleta, CA 93117 USA
tel. (805) 685-1006, fax. (805) 685-6869
or through the world-wide Web at http://support.eiffel.com

b) This agreement shall succeed any previous agreement relevant to
the subject between the parties and shall be controlling.

c) The terms and conditions of this agreement shall be interpreted and
enforced according to the laws of the State of California and shall be
subject to the appropriate jurisdiction in and of the county of
Santa Barbara, California, U.S.A.


9. ACKNOWLEDGEMENT

By opening the software diskette, CD or tape package, or downloading
the software package or starting the installation procedure, you acknowledge
that you have read this agreement, understand it, and agree to be bound by
its terms and conditions. You also agree that this agreement is the complete
and exclusive statement of agreement between the parties and supersedes
all proposals of prior agreements, oral or written, and any other communication
between the parties relating to the subject matter of this agreement.