Flare to RoboHelp Project Converter ("Software")
End-User License Agreement ("EULA")
This Evergreen Online Learning, LLC (Evergreen) End-User License Agreement ("EULA") is a legal agreement between the software registrant licensee ("you") and Evergreen for the Flare to RoboHelp Project Converter ("Software") mentioned above. By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold, and ALL SOFTWARE IS PROVIDED "AS IS."
1. GRANT OF LICENSE: This EULA grants you the following rights:
• Installation and Use: You may install and use an unlimited number of copies of the Software. Any copies of the Software which this License authorizes you to make are subject to this EULA.
• Reproduction and Distribution: You may not reproduce and distribute copies of the Software without the express written consent of Evergreen. It should be noted that the source code for this program is available under a Common Public License Version 1.0 and can be obtained by contacting Evergreen as shown at the web address:
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
• Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not reverse engineer, decompile or disassemble the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. It should be noted that the source code for this program is available under a Common Public License Version 1.0 and can be obtained by contacting Evergreen at the web address shown above.
• Support Services: Evergreen will not provide you with support services ("Support Services") related to the Software.
• Software Transfer: You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
• Termination: Without prejudice to any other rights of Evergreen's, your rights under this EULA will terminate automatically without notice from Evergreen if you fail to comply with any term(s) of this EULA. In such event you must destroy all copies of the Software and any related materials.
3. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
4. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by law, in no event shall Evergreen Online Learning or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of use of or inability to use this SOFTWARE PRODUCT, or the failure to provide Support Services, even if Evergreen Online Learning or its dealer have been advised of the possibility of such damages. In any case, Evergreen Online Learning’s entire liability under any provision of this LICENSE shall be limited to the amount actually paid by the licensee for the SOFTWARE PRODUCT.
Some states do not allow the exclusion or limitation of certain implied warranties or the limitation of the foregoing warranty or the exclusion or limitation of incidental or consequential damages, in which case and to the extent such exclusion or limitation is not allowed some of the foregoing limitations and exclusions may not apply to Licensee.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The licensed SOFTWARE PRODUCT and documentation have been developed exclusively at private expense and are 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 at DFARS 242.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR
42.227-19, as applicable. Manufacturer is Evergreen Online Learning,
LLC, Evergreen, CO 80437 U.S.A..
6. GENERAL PROVISION. Licensee shall have no right to sub-license any of the rights of this agreement, for any reason. In the event of the breach by Licensee of this Agreement, she/he shall be liable for all damages to Evergreen Online Learning, and this Agreement shall be terminated. If any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining portions of this Agreement shall not be affected or impaired thereby. In the event of a legal proceeding arising out of this Agreement, the prevailing party shall be awarded all legal costs incurred.
This Agreement constitutes the entire agreement between the parties for the supply of the SOFTWARE PRODUCT and its associated documentation and supersedes all prior arrangements, agreements, representations, and undertakings. This Agreement may not be changed or modified except by a written instrument duly executed by each of the parties hereto.
7. MISCELLANEOUS. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, United States of America. Each party consents to the personal jurisdiction of the State of Colorado and agrees to commence any legal proceedings arising out of this LICENSE shall be conducted solely in the courts located in the State of Colorado.
Licensee shall be responsible for the payment of all taxes, duties, or levies that may now or hereafter be imposed by any authority upon this Agreement for the supply, use, or maintenance of the SOFTWARE PRODUCT, and if any of the foregoing taxes, duties, or levies are paid at any time by Evergreen Online Learning, Licensee shall reimburse Evergreen Online Learning in full upon demand.
8. ACKNOWLEDGEMENTS. Software Registrant Licensee acknowledges that she/he has read this Agreement, understands it, and agrees to be bound by its terms and conditions.
Copyright (C) 2011. Evergreen Online Learning, LLC. All rights reserved.