DNN Module Builder
END-USER LICENSE AGREEMENT
IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and SoCanI.org for the DNN Module Builder software product, which includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services (“Software”). 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.
SoCanI licenses each SoCanI.org subscriber (“Licensee”) to use the computer program (“Software"), to which this license agreement ("Agreement") is attached, subject to the following terms and conditions:
1. Scope of License. This license covers the Software, its user documentation, and any related computer programs, documentation and information provided by SoCanI. Nothing in this Agreement will be deemed to grant Licensee any proprietary rights in the computer program or in any other work embodied in the software or related materials supplied to Licensee by SoCanI.
2. License. SoCanI grants Licensee a nonexclusive, nontransferable license to use the Software on a single workstation for which it was purchased. Licensee will not:
(a) Copy. Make any copies of any computer program contained in the Software except for back up or for archival purposes, and will not make any copies of all or any part of the user documentation, except for Licensee's own use. To every copy of the Software (whether in whole or in part) made by Licensee for the purposes set forth above, Licensee shall retain the same copyright or other proprietary rights notice as was originally affixed to the Software when delivered by SoCanI.
(b) Disseminate. Provide or disseminate all or any part of the Software to any other person, except in accordance with Paragraph 5 below. Licensee will safeguard the Software and related user documentation with a reasonable degree of care, using procedures designed to protect the trade secrets and proprietary information of SoCanI, so that no unauthorized use is made of them and no disclosure of any part of their contents is made to anyone other than Licensee and any employees, agents or consultants of Licensee whose duties reasonably require such disclosure.
(c) LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. Licensee may not reverse engineer, decompile, or disassemble the Software.
3. TRANSFER—Internal. You may move the Product to a different Workstation Computer. After the transfer, you must completely remove the Product from the former Workstation Computer. You must then re-license the product in the manner described on the registration page of the Product. Transfer to Third Party. The initial user of the Product may not transfer the Product to another end user. No Rental. You may not rent, lease, lend or provide the License to third parties.
4. Term and Termination. The license granted under this Agreement will continue in force until terminated, as set forth herein. If Licensee fails to maintain a current subscription to SoCanI.org this License immediately terminates. If Licensee violates any term or condition of this Agreement, SoCanI or its agent may terminate this License immediately by giving notice of termination to Licensee. Licensee is responsible for providing valid contact information to SoCanI. If no valid contact information is available for Licensee in SoCanI's records, SoCanI is not required to give notice of termination to Licensee. Licensee also may terminate this License voluntarily by giving notice of termination to SoCanI and destroying all copies of all or any part of the Software and related user documentation in Licensee's possession or under Licensee's control.
5. Effect of Termination. Immediately upon termination, Licensee will destroy all copies of all or any part of the Software in Licensee's possession or under Licensee's control. Licensee will have no right to keep or use any copy of the Software and related user documentation for any purpose after termination of this Agreement.
6. Transfer of Software. Licensee shall not have the right to transfer this Software license.
7. Confidentiality. The parties to this Agreement will take all reasonable steps to ensure that any material or information identified by either party to be confidential ("Confidential Information"), which the other party has possession or knowledge of in connection with this Agreement, will not be disclosed to others, in whole or in part, without the prior written permission of the other party. Neither party will have the obligation to maintain the confidentiality of any data or information which (i) was in the receiving party's lawful possession prior to receipt from the other party, (ii) is later lawfully obtained by the receiving party from a third party having no obligation of secrecy to the other party, (iii) is available to the public through no act or failure of the receiving party, (iv) is readily available in the public domain, or (v) is independently developed by the receiving party. The receiving party will immediately return or destroy any or all Confidential Information that has been provided to it by the other party, upon the other party's request.
8. DISCLAIMER OF WARRANTY FOR SOFTWARE . SOCANI DISCLAIMS ALL IMPLIED WARRANTIES FOR THE SOFTWARE, INCLUDING WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOCANI MAKES NO REPRESENTATIONS CONCERNING THE QUALITY OF THE SOFTWARE AND DOES NOT PROMISE THAT THE SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION.
9. LIMITATION OF LIABILITY. IN NO EVENT WILL SOCANI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THE SOFTWARE BY ANY PERSON, REGARDLESS OF WHETHER SOCANI IS INFORMED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, SOCANI'S NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.
10. Ownership of Software. SoCanI has and will retain all ownership rights in the Software, including all patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill and confidential and proprietary information. Licensee will have no rights in the Software except as explicitly stated in this Agreement.
11. Assignment and Delegation. Licensee may not assign this Agreement or any rights under it and may not delegate any duties under this Agreement without SoCanI's prior written consent. Any attempt to assign or delegate without that consent will be void.
12. General: This Agreement constitutes the entire understanding between SoCanI and Licensee with respect to subject matter hereof. Any change to this Agreement must be in writing, signed by SoCanI and Licensee. Terms and conditions set forth in any purchase order which differ from, conflict with, or are not included in this Agreement, shall not become part of this Agreement unless specifically accepted by SoCanI in writing.
13. The Software is protected by copyright and other intellectual property laws and treaties. SoCanI.org owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
LICENSEE HAS READ THIS AGREEMENT AND UNDERSTANDS AND AGREES TO ALL OF ITS TERMS AND CONDITIONS.