EULA - End User License Agreement
Unified ECM License Agreement
This registered version license is for users who have obtained from Unified ECM a valid registration code for Unified ECM 5.0. If you have not obtained a valid registration code for Unified ECM 5.0, contact firstname.lastname@example.org
Unified ECM License Agreement - Registered Version
Your Agreement to this License
This License applies to the executable code for any language version of the Unified ECM 5.0 software and any accompanying distributable files, data and materials. You should carefully read the following terms and conditions before using, installing, or distributing Unified ECM. Unless otherwise agreed in a writing signed by an authorized representative of Unified ECM, Inc. ("Unified ECM "), your use, installation, or distribution of Unified ECM indicates your acceptance of this agreement ("License"). You understand and agree that the terms and conditions of this License are the only terms and conditions applicable to your purchase of this License or use of Unified ECM and any additional or different terms specified, referenced, and/or incorporated by any document provided by you or on your behalf are hereby rejected by Unified ECM .
All registered copies of Unified ECM allow access to Unified ECMs Express software features. For a complete description of Unified ECMs Express features, refer to www.Unified ECM.com.
Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy or distribute Unified ECM.
The terms and conditions of this License describe the permitted use and user(s) of each Licensed Copy of Unified ECM.
Scope of License
Subject to the terms of this License, Unified ECM grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, royalty-free, license to install and use Unified ECM, solely for your personal or internal business purposes.
If you have purchased a single-user license you have the right to install and use a single copy of Unified ECM on one computer or workstation for non-simultaneous use by one or more persons and install a second copy of Unified ECM on another computer or workstation for the exclusive use of the person who is the primary user of the first copy of Unified ECM. If you have purchased a multi-user license you have the right to install or access a copy of Unified ECM on multiple computers up to the number of "Licensed Copies" that you have acquired, as determined below.
You may not give, transfer or sell copies of Unified ECM to your customer(s), or any third party, in whole or in part, nor include copies of Unified ECM, in whole or in part, in, or with, products you sell.
For purposes of this License,
1. if you have paid for a Single-User Express License and received a valid Express Registration Code, you are deemed to have a single "Licensed Copy" of Unified ECM, and are authorized to access all software features, except those designated as Enterprise. features;
2. if you have paid for a Single-User Enterprise License and received a valid Enterprise Registration Code, you are deemed to have a single "Licensed Copy" of Unified ECM, and are authorized to access all software features, including those designated as Enterprise features;
3. if you have paid for a Multi-User Express License and received a valid Express Registration File or Code, you or your organization are deemed to have acquired a number of "Licensed Copies" of Unified ECM equal to the number of copies indicated in the documents issued by Unified ECM when granting the license and are authorized to access all software features, except those designated as Enterprise features;
4. if you have paid for a Multi-User Enterprise License and received a valid Enterprise Registration File or Code, you or your organization are deemed to have acquired a number of "Licensed Copies" of Unified ECM equal to the number of copies indicated in the documents issued by Unified ECM when granting the license, and are authorized to access all software features, including those designated as Enterprise features.
If you have purchased a Multi-User Express License or Multi-User Enterprise License, you are responsible for duplicating and distributing Unified ECM for use in accordance with the terms of this License, and for monitoring the number of copies of Unified ECM installed and used by your organization and you agree that upon request from Unified ECM or Unified ECM s authorized representative, you will within thirty (30) days fully document and certify the number of copies of Unified ECM you have installed. Under a Multi-User License, you may install Unified ECM only on computers operated by, or on behalf of, your organization. Subject to United States export restrictions referenced below, other applicable laws and regulations, including the laws of countries other than the United States of America, and the other limitations set forth in this License, you may install and access Licensed Copies of Unified ECM on computers located anywhere in the world. For more information regarding multi-user licenses, please visit the Unified ECM website at www.Unified ECM.com.
All rights of any kind in Unified ECM which are not expressly granted in this License are entirely and exclusively reserved to and by Unified ECM. Unified ECM is protected by the United States copyright laws and other applicable national and international laws and treaties.
You may use, install and distribute Unified ECM solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, Unified ECM, in whole or in part, nor permit anyone else to do so. You may not make access to Unified ECM available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of Unified ECM.
Warranty Disclaimers and Liability Limitations
Unified ECM, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither Unified ECM nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, Unified ECM. Neither Unified ECM nor any of its affiliates or licensors warrants that the operation of Unified ECM will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. You acknowledge that good data processing procedure dictates that any program, including Unified ECM, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of Unified ECM covered by this License. This disclaimer of warranty constitutes an essential part of this License.
Except to the extent expressly prohibited by applicable statutes, Unified ECM , its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, Unified ECM. Except to the extent expressly prohibited by applicable statutes, in no event shall Unified ECM , or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of Unified ECM, or to your relationship with, Unified ECM , its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
In addition, in no event does Unified ECM authorize you or anyone else to use Unified ECM in applications or systems where Unified ECMs failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold Unified ECM, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.
U.S. Government End Users
Unified ECM is a "commercial item" as that term is defined at 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire Unified ECM and any related documentation with only those rights set forth in this License.
Unified ECM is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license Unified ECM. By accepting this License, you warrant and represent to Unified ECM that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export Unified ECM to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.
Unified ECM, including, without limitation, the information included in its accompanying distributable files, data and materials and any activation code and registration code files or information, and the know-how embodied in Unified ECM, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by Unified ECM , together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of Unified ECM and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes, registration codes, or registration files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements.
You may not assign, sublicense, subcontract, or otherwise transfer any of your rights or obligations or delegate any of your duties under this License, in whole or in part, without the prior written consent of Unified ECM . Notwithstanding anything to the contrary, any assignment of this License or any rights or obligations hereunder is contingent upon the intended assignee agreeing to be bound by the terms of this License and all responsibilities and obligations of the assignor hereunder.
This License shall be governed by the laws of the State of California, without regard to California choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts located in the State of California, and you consent to such jurisdiction and venue.
There are no third-party beneficiaries of any promises, obligations, or representations made by Unified ECM herein.
Any waiver by Unified ECM of any violation of this License by you shall not constitute, nor contribute to, a waiver by Unified ECM of any other or future violation by you of the same provision, or any other provision, of this License.
If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.