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Legcon007 Enteula Eng

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0% found this document useful (0 votes)
27 views

Legcon007 Enteula Eng

Uploaded by

mail92imran
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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This Entuity End User License Agreement (the “Agreement”) defines the terms and conditions for using

the
proprietary Entuity software product together with any third-party software products included therein
(collectively, the “Software”) and associated operating guides (the “Documentation”) owned by Entuity Limited
and its licensors. Unless you have negotiated specific terms and conditions for such use then the following
shall apply.

1. License Term and Charges.


Upon your purchase of the Software, Entuity Limited, whose principal place of business is at 5910
Landerbrook Dr., Mayfield Heights, Ohio (the “Company”), hereby grants to you a licensee, a non-
exclusive, non- transferable license to use the Software in object code form solely for your own business
operation. The term of this license commences when you open the package containing the Software (the
“CD”) or download the Software from a legitimate Company source and shall continue until terminated
upon default or as otherwise set forth herein. By installing the Software, you ratify your assent to this
Agreement. The Software may only be used on one server at a time, unless additional copies of the
Software are purchased and licensed. The Software will only be usable by you for a limited period unless
you obtain and apply a new license key from Company or its representatives. The license key will enable
you to manage the number of network elements for the term specified on you purchase order. If you wish
to increase the number of elements, extend the term or require additional features of the Software to be
licensed, you may do so by notifying Company or its representatives and paying the applicable upgrade
price. Company will then issue a new license key enabling you to manage such additional elements
and/or use the additional features of the Software. Such license upgrades shall form part of the Software
and be subject to the terms of this Agreement. You agree that your violation of the license rights provided
in this Agreement shall permit Company to take any and all necessary legal actions permitted by law,
including injunctive relief and recovery of damages.

2. Restrictions.
You shall not and you shall not permit other persons or entities to: (i) directly or indirectly, by electronic
means, reproduce (except one copy for archival purposes), publish, distribute, rent, lease, sell, sublicense,
assign or otherwise transfer the Software or any part thereof or this Agreement; (ii) attempt to disable or
circumvent any of the licensing mechanisms in the Software or use the software to manage more network
elements or for a longer period than you have purchased or licensed; (iii) reverse-engineer, decompile,
disassemble, merge, modify, create derivative works of, or translate the Software or use any part of the
Software outside the scope of the intended use of the Software; (iv) use the Software for any purpose
other than internal business purposes or permit sublicensing, time sharing, rental, facility management,
service bureau or application development use of the Software or permit publication or distribution of
results of any benchmark tests run on the Software; or (v) remove or obscure any copyright, trademark or
other proprietary notices or legends from any portion of the Software or any associated documentation.
This Agreement and your rights hereunder shall automatically terminate if you fail to comply with any
provision of this agreement. Upon such termination, you agree to destroy all copies of the Software and
return to Company all proprietary materials that are in your possession or under your control.

3. Limited Warranty and Limited Liability.


a. Company warrants that for a period of 90 days from its delivery to you, the Software, if operated as
instructed, shall perform substantially in accordance with the documentation and shall substantially
achieve the functionality described therein. Company’s obligation under this warranty shall be limited

Document ID: LEGCON007 ENTEULA ENG 1


v. 001
Date issued: 07 February 2024
as set forth below. Company does not warrant that the Software, due to its complex nature, is totally
free from error or omission or that operation shall be uninterrupted. All warranty obligations are void if
the Software has been modified by any person other than Company and its licensors.
b. Company’s entire liability and your sole remedy shall be limited, at the election of Company, to (i)
replacement of the CD, (ii) refund of your license fee, or (iii) use of Company’s reasonable efforts to
correct, at no charge, Software errors of which Company is the cause. Company shall have no liability
if failure of the Software is wholly or partly the result of abuse, misapplication or accident. Any
replacement CD or downloaded copy of the Software shall be warranted on the same terms for the
remainder of the original warranty period or 30 days, whichever is longer.
c. EXCEPT AS SPECIFICALLY STATED ABOVE, THE LICENSED SOFTWARE AND ASSOCIATED
DOCUMENTATION IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. COMPANY ASSUMES NO
RESPONSIBILITY FOR THE ACCURACY OR APPLICATION OF OR ERRORS OR OMISSIONS IN
THE SOFTWARE AND ASSOCIATED DOCUMENTATION. COMPANY AND ITS LICENSORS
SHALL HAVE NO LIABIITY FOR ANY LOSSES OR DAMAGES WHICH MAY BE SUFFERED BY
THE LICENSEE (OR ANY PERSON CLAIMING UNDER OR THROUGH IT) IN CONTRACT, IN TORT
OR OTHERWISE WHETHER THE SAME ARE SUFFERED DIRECTLY OR INDIRECTLY OR ARE
IMMEDIATE OR CONSEQUENTIAL, WHICH FALL WITHIN THE FOLLOWING CATEGORIES:
SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES; LOSS OF
REVENUE OR PROFITS; ANTICIPATED SAVINGS; BUSINESS OPPORTUNITY OR GOODWILL,
EVEN THOUGH COMPANY OR ITS LICENSORS MAY HAVE BEEN AWARE OF THE
CIRCUMSTANCES IN WHICH SUCH LOSSES OR DAMAGES COULD ARISE. COMPANY’S
ENTIRE LIABILITY FOR ANY BREACH OF ITS OBLIGATIONS UNDER OR IN CONNECTION WITH
THIS AGREEMENT, HOWEVER ARISING, SHALL BE LIMITED TO A SUM EQUAL TO THE
AGGREGATE AMOUNTS PAID BY THE LICENSEE TO COMPANY OR ITS REPRESENTATIVES
HEREUNDER.
d. The warranty and remedy set forth herein are exclusive and in lieu of all others, oral or written,
expressed or implied. No Company agent or employee or third party is authorized to make any
modification or addition to this warranty.

4. Intellectual Property.
The copyright, trademark and other intellectual property rights in the Software and the Documentation are
and shall remain the exclusive property of Company and its licensors. You shall not remove or alter any
copyright, trademark or other proprietary notice set out in the Software or the Documentation.

5. U.S. Government Restricted Rights.


If the licensee is an agency or instrumentality of the United States Government, the Software is licensed
subject to “restricted rights” as set forth in DFARS 227.7203-5. Specifically, the Software and
Documentation are “commercial computer software” and “commercial computer software documentation”
and, pursuant to FAR 12.212 or DFARS 227.7202, use, reproduction and disclosure of the Software and
Documentation are governed by the terms of this Agreement.

Document ID: LEGCON007 ENTEULA ENG 2


v. 001
Date issued: 07 February 2024
6. General Provisions.
Company retains all rights not expressly granted. Nothing in this Agreement constitutes a waiver of
Company’s rights under international copyright laws or any other federal, state, local, or foreign law or
grants you any rights in source code. You are responsible for installation, management and operation of
the Software. This Agreement shall be construed, interpreted, and governed by the laws of the State of
Ohio, U.S.A.

Document ID: LEGCON007 ENTEULA ENG 3


v. 001
Date issued: 07 February 2024

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