END-USER LICENSE AGREEMENT (EULA) OF EVT CONTENT ENGINE
This End-User License Agreement ("EULA") is a legal agreement between you and Evolving Technology, Inc.
This EULA agreement governs your acquisition and use of our EVT Content Engine software ("Software") directly from Evolving Technology, Inc. or indirectly through a Evolving Technology, Inc. authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the EVT Content Engine software. It provides a license to use the EVT Content Engine software and contains warranty information and liability disclaimers.
If you register for a free trial of the EVT Content Engine software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the EVT Content Engine software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Evolving Technology, Inc. herewith regardless of whether other software is referred to or described herein. The terms also apply to any Evolving Technology, Inc. updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Evolving Technology, Inc. hereby grants you a personal, non-transferable, non-exclusive licence to use the EVT Content Engine software on your devices in accordance with the terms of this EULA agreement.
You are permitted to install the EVT Content Engine software for the licensed end-user. You are responsible for ensuring your device meets the minimum requirements of the EVT Content Engine software.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things Reproduce, copy, distribute, resell or otherwise use the Software for any other commercial purpose Allow any third party to use the Software on behalf of or for the benefit of any third party Use the Software in any way which breaches any applicable local, national or international law use the Software for any purpose that Evolving Technology, Inc. considers is a breach of this EULA agreement
EVT Content Engine software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of EVT Content Engine software and services, please contact Evolving Technology, Inc. (www.contentengine.net)
Your license to use EVT Content Engine software is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of EVT Content Engine software.
You shall use EVT Content Engine software in compliance with all applicable laws and not for any unlawful purpose.
Each licensed copy of EVT Content Engine software may be used on one single computer location by one user. Use of EVT Content Engine software means that you have loaded, installed, or run EVT Content Engine software on a computer or similar device. If you install EVT Content Engine software onto a multi-user platform, server or network, each and every individual user of EVT Content Engine software must be licensed separately.
You may make one copy of EVT Content Engine software for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of EVT Content Engine software. The assignment, sublicense, networking, sale, or distribution of copies of EVT Content Engine software are strictly forbidden without the prior written consent of Evolving Technology, Inc. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of EVT Content Engine software. If any person other than yourself uses EVT Content Engine software registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile EVT Content Engine software. Nor can you create any derivative works or other works that are based upon or derived from EVT Content Engine software in whole or in part.
Evolving Technology, Inc.'s name, logo and graphics file that represents EVT Content Engine software shall not be used in any way to promote products developed with EVT Content Engine software. Evolving Technology, Inc. retains sole and exclusive ownership of all right, title and interest in and to EVT Content Engine software and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of EVT Content Engine software, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Evolving Technology, Inc.
LIMITATION OF RESPONSIBILITY
You will indemnify, hold harmless, and defend Evolving Technology, Inc. , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Evolving Technology, Inc.'s Software.
In no event (including, without limitation, in the event of negligence) will Evolving Technology, Inc. , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, EVT Content Engine software or the use or inability to use EVT Content Engine software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Evolving Technology, Inc.'s entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Evolving Technology, Inc. ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Evolving Technology, Inc.
Except as expressly stated in writing, Evolving Technology, Inc. makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
INTELLECTUAL PROPERTY AND OWNERSHIP
Evolving Technology, Inc. shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Evolving Technology, Inc.
Evolving Technology, Inc. reserves the right to grant licences to use the Software to third parties.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Evolving Technology, Inc.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the State of Florida and the United States of America.