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EULA - End User Licence Agreement


END-USER LICENSE AGREEMENT FOR ITCS - IT Consultants & Solutions SOFTWARE

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ITCS - IT Consultants & Solutions for the ITCS - IT Consultants & Solutions software product identified, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Product"). An amendment or addendum to this EULA may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
SOFTWARE LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.


1. GRANT OF LICENSE. ITCS - IT Consultants & Solutions grants you the following rights provided that you comply with all terms and conditions of this EULA:
.1.1. Installation and Use.

You may install and use an unlimited number of copies of the Product only for your internal use on your premises. You may make an unlimited number of copies (either in hard copy or electronic form) of any electronic documents included with the Product only for your internal use on your premises.

1.2. Storage/Network Use.

You may also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on your other computers over an internal network.

1.3. Performance or Benchmark Testing.

You may not disclose the results of any benchmark test using the Product to any third party without ITCS's prior written approval.

1.4. Reservation of Rights.

ITCS - IT Consultants & Solutions reserves all rights not expressly granted to you in this EULA.

2. ADDITIONAL SOFTWARE.
This EULA applies to updates or supplements to the original Product provided by ITCS - IT Consultants & Solutions, unless we provide other terms along with the update or supplement.


3.  LIMITATION ON REVERSE ENGINEERING AND DISASSEMBLY.
You may not reverse engineer, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.


4.TRANSFER.
Transfer to Third Party. The initial user of the Product may make a one-time transfer of the Product to another end user. The transfer has to include all component parts, media, printed materials, this EULA, and if applicable. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred Product must agree to all the EULA terms. No Rental. You may not rent, lease, or lend the Product.


5. CONSENT TO USE OF DATA.
You agree that ITCS - IT Consultants & Solutions and its affiliates may collect and use technical information you provide as a part of support services related to the Product. ITCS - IT Consultants & Solutions agrees not to use this information in a form that personally identifies you.


6. TERMINATION.
Without prejudice to any other rights, ITCS - IT Consultants & Solutions may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts.


7. DISCLAIMER OF WARRANTIES.
To the maximum extent permitted by applicable law, ITCS - IT Consultants & Solutions and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.


8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ITCS - IT Consultants & Solutions OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ITCS - IT Consultants and Solutions OR ANY SUPPLIER, AND EVEN IF ITCS - IT Consultants and Solutions OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of ITCS - IT Consultants & Solutions and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Product or Au$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.


10. COPYRIGHT.
The Product is protected by copyright and other intellectual property laws and treaties. ITCS - IT Consultants & Solutions or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.


11. ENTIRE AGREEMENT.
This EULA, including any addendum or amendment to this EULA which is included with the Product, are the entire agreement between you and ITCS - IT Consultants & Solutions relating to the Product and the support services (if any), and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any ITCS - IT Consultants & Solutions policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.

 

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Last modified: October 16, 2002