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EULA - End User License Agreement

END-USER LICENSE AGREEMENT FOR Camalot Designs SOFTWARE

IMPORTANT-READ CAREFULLY: This Camalot Designs End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and Camalot Designs Software Corporation for the Camalot Designs software product that accompanies this EULA, including any associated media, printed materials and electronic documentation (the "Software Product"). The Software Product also includes any software updates, add-on components, web services and/or supplements that Camalot Designs may provide to You or make available to You after the date You obtain Your initial copy of the Software Product to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the Software Product, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install, access or use the Software Product; in such event the original purchaser may, however, return it to the place of purchase within thirty days of the date of original purchase for a full refund.

SOFTWARE PRODUCT LICENSE

The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold.

1) GRANT OF LICENSE. This Section of the EULA describes Your general rights to install and use the Software Product. The license rights described in this section are subject to all other terms and conditions of this EULA.
• General License Grant to Install and User Software Product. You may install and use one copy of the Software Product on a single computer but only for use in the number of written language(s) that you selected at time of first installation and in which you have acquired rights. You can share a copy of the Software Product installed on a common build/test machine provided that you or your entity has purchased a single license for that common build/test machine and each developer using it has a license. A license for the Software Product may not be shared.
• Redistributable File(s). Notwithstanding the terms of this EULA to the contrary, certain of the executable files of the Software Product may be redistributed by you to the extent required for the permitted operation of the application(s) software installation code created by you while using the Software Product. The redistributable file(s) are limited to those specifically identified as “Redistributables” in the media, printed materials, and “online” or electronic documentation accompanying the particular embodiment of the Software Product.
• Alternative License Grant for Storage/Network Use. As an alternative to the rights granted in the previous section, You may install a copy of the Software Product on one storage Device, such as a network server, and allow individuals within Your business or enterprise to access and use the Software Product from other Devices over a private network, provided that you acquire and dedicate a license for the storage Device upon which the Software Product is installed and each separate Device from which the Software Product is accessed and used. A license for the Software Product may not be used concurrently on different Devices.
• License Pack/Corporate Site License. If you have acquired this Software Product in an Camalot Designs License Pack or Corporate Site License Agreement, you may make the number of additional copies of the computer software portion of the Software Product as defined on that EULA, and you may use each copy in the manner specified above.

2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
• Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not modify, reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The Software Product is licensed as a single product. Except with respect to the Redistributables, its component parts may not be separated for use on more than one computer.
• Not for Resale Software. If the Software Product is labeled “Not for Resale” or “NFR” or “Evaluation Copy” or “30 Day Complimentary,” then, notwithstanding other sections of this EULA, you may not use the Software Product for commercial purposes nor sell, or otherwise transfer it for value. Commercial purposes include the use of the Software Product to create publicly distributed computer software.
• No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial hosting services to third parties with the Software Product.
• Software Transfer. You may permanently and wholly transfer all of your rights under this EULA, provided you (a) retain no copies (whole or partial), (b) permanently and wholly transfer any and all of the Software Product (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity) to the recipient, and (c) the recipient first agrees to abide by all of the terms of this EULA. If the Software Product is an upgrade, any transfer must include any and all prior versions of the Software Product and any and all of your rights therein, if any.
• Support Services. Camalot Designs may provide you with support services related to the Software Product (“Support Services”). The provision and use of Support Services is governed by the Camalot Designs policies and programs described in the Software Product user manual and/or in “online” documentation. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA. With respect to technical information you provide to Camalot Designs as part of the Support Services, Camalot Designs may use such information for its business purposes, including for product updates and development.
• Termination. Without prejudice to any of Camalot Designs’s other rights, Camalot Designs may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy any and all copies of the Software Product and all of its component parts.

3) UPGRADES and SUBSCRIPTION. If the Software Product is labeled or otherwise identified by Camalot Designs as an “upgrade” or “subscription,” you must be properly licensed to use a product identified by Camalot Designs as being eligible for the upgrade in order to use the Software Product. A Software Product, labeled or otherwise identified by Camalot Designs as an upgrade, replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software Product is an upgrade of a component of a package of software programs that you licensed as a single product, the Software Product 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.

4) COPYRIGHT AND TRADEMARKS.
• All title, trademarks and copyrights in and pertaining to the Software Product, the accompanying printed materials, and any copies of the Software Product, are owned or licensed by Camalot Designs or its affiliated companies. The Software Product is protected by copyright and trademark laws and international treaty provisions. You may make one copy of the Software Product for back-up and archival purposes. You may not copy the printed materials accompanying the Software Product.
• You may not remove, modify or alter any Camalot Designs copyright or trademark notice or the Camalot Designs name from any part of the Software Product, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the Camalot Designs Setup Wizard dialogue or ‘about’ boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or otherwise created by the Software Product.

5) DUAL-MEDIA SOFTWARE. You may receive the Software Product in more than one medium. Regardless of the type or size of the medium you receive, you may use only that one medium that is appropriate for your single computer. You may not use or install the other medium on another computer, including but not limited to portable computers under the exclusive control of the registered developer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the Software Product.

6) U. S. GOVERNMENT RESTRICTED RIGHTS. The Software Product and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U. S. Government is subject to restrictions as set forth in subparagraph C (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is: Camalot Designs Software Corporation, 10618 s Major Ave. Chicago Ridge IL 60415, USA.

7) APPLICABLE LAW
This EULA is governed by the laws of the State of Illinois. Should you have any questions concerning this EULA, or if you desire to contact Camalot Designs for any reason, please contact the Camalot Designs distributor serving you or write: Camalot Designs Software Corporation, 10618 s Major Ave. Chicago Ridge IL 60415, USA.

8) LIMITED WARRANTY
• LIMITED WARRANTY. Camalot Designs warrants that (a) the Software Product will, for a period of ninety (90) days from the date of delivery, perform substantially in accordance with Camalot Designs’ written materials accompanying it, and (b) any Support Services provided by Camalot Designs shall be substantially as described in applicable written materials provided to you by Camalot Designs.
• CUSTOMER REMEDIES. In the event of any breach of warranty or other duty owed by Camalot Designs, Camalot Designs’ and its suppliers’ entire liability and your exclusive remedy shall be, at Camalot Designs’ option, either (a) return of the price paid by you for the Software Product (not to exceed the suggested U.S. retail price) if any, (b) repair or replacement of the defective Software Product or (c) re-performance of the Support Services. This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, or misapplication. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
• NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAMALOT DESIGNS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the Software Product, if any, are limited to ninety (90) days.

9) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Camalot Designs OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL 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 THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF CAMALOT DESIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, CAMALOT DESIGNS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO CAMALOT DESIGNS FOR THE SOFTWARE PRODUCT OR SERVICE THAT DIRECTLY CAUSED THE DAMAGE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.