Data Apples, Inc. - Beyond Remote VERSION 2.x END-USER LICENSE
You may use this software only as described in this license.
If you do not agree to the terms of this license, do not install or use the software.
1. SOFTWARE. The capitalized term "Software" used below refers to Beyond Remote Version 2.x, any updates to the software, any supplemental code provided to you by Data Apples, Inc., the user manual, any associated software components, any related media and printed materials, and any "online" or electronic documentation.
2. GRANT OF NON-EXCLUSIVE LICENSE. Beyond Remote may be used for free during the free thirty (30) day trial period. All users must purchase a license after the thirty (30) day trial has elapsed. To pay the license fee and register your copy, go to http://www.dataapples.com.
During the evaluation period, you may use the Software on as many different computers as you like, but you may not transfer the Software to anyone else. Upon enabling the registered copy, you may use the Software on that number of computers for which you have paid a separate license fee as indicated on our invoice, and the primary user of each computer for which you have paid a separate license fee may use the Software on his or her portable computer. You may also make one copy of the Software for backup or archival purposes. Otherwise, you may not copy the registered Software in whole or in part. If the registered copy of the Software is installed on a network Host or other storage device, you must purchase a license for each separate computer on which the Host Software is used. A license for the Software may not be shared by alternating use of the Software between different computers. You may permanently transfer all of your rights to the registered copy of the Software under this license provided you transfer all copies of the Software and the recipient agrees to the terms of this license. All rights not expressly granted under this license are reserved by Data Apples, Inc.
3. RESTRICTIONS. You may not reduce the Software to human readable form, reverse engineer, de-compile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the Software. You may not use the Software to perform any unauthorized transfer of information, such as copying or transferring a file in violation of a copyright, or for any illegal purpose. You may not remove any copyright, trademark, reservation of rights, or any other proprietary language displayed on, in, or with the Software.
4. SUPPORT SERVICES. Data Apples, Inc. may provide you with support services related to the Software. Use of support services is governed by the user manual, online documentation, and other Data Apples, Inc. materials, as they may be modified from time to time. Data Apples, Inc. may use any information you provide as part of obtaining support services for its business purposes, including product support and development.
5. TERMINATION. This license terminates if you fail to comply with its terms and conditions. If your license terminates, you must destroy all copies of the Software. The termination of this license does not limit Data Apples, Inc. other rights it may have by law.
6. COPYRIGHT. You acknowledge that you have only the limited, non-exclusive right to use and copy the Software as expressly stated in this license and that Data Apples, Inc. retains title and all other rights. The Software is protected by United States copyright law and international treaty provisions as well as other applicable laws.
7. NO WARRANTIES. To the maximum extent permitted by applicable law, the Software is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or . The Software is provided with all faults and the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
8. LIMITATION OF LIABILITY. To the extent permitted by applicable law, Data Apples, Inc. is not liable to you for any consequential, special, incidental, or indirect damages of any kind arising out of the delivery, performance, or use of the Software, or inability to use the Software, even if Data Apples, Inc. has been advised of the possibility of such damages. Data Apples, Inc. liability for any claim related to your purchase or use of the Software, whether in contract, tort, or any other theory of liability will not exceed the greater of U.S. $1.00 or license fee paid by you to Data Apples, Inc.
9. INDEMNIFICATION. You agree to indemnify and hold harmless Data Apples, Inc. against any loss, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims based on your act or omission or alleged act or omission that constitutes a violation of this License.
10. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with the commercial rights and descriptions described in this license, and is otherwise provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227- 7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Data Apples, Inc., 1717 Sun Bird Drive, Faribault, MN 55021.
11. MISCELLANEOUS. If you acquired the Software in the United States, this license is governed by the laws of the state of Minnesota. If you acquired the Software outside of the United States, then local laws may apply. This License is not governed by the United Nations Convention of Contracts for the International Sale of Goods. This License constitutes the complete and exclusive agreement between us, notwithstanding any provision in any purchase order or other written document, except for the portion of our invoice that states the number of separate license fees covered by our invoice as described in Section 2, above. This License may only be modified by a written document signed by both of us. If any provision of this License is held to be unenforceable, the remainder of the License shall not be affected, and the unenforceable provision shall be reformed to the extent necessary to make the provision enforceable.
12. CONTACT INFORMATION. Should you have any questions concerning this license, or if you desire to contact Data Apples, Inc. for any reason, please contact Data Apples, Inc. by mail at: 1717 Sun Bird Drive, Faribault, MN 55021, or by electronic mail at: firstname.lastname@example.org.