IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you, an individual, corporate entity, or organization, and Infolina concerning the access to and use of any and all Infolina original material available on or though this site which includes, but is not limited to, web and application software, video, audio, and graphical media, printed materials, site or application presentation and navigation, and all "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using this SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, run or otherwise use this SOFTWARE.
SOFTWARE LICENSE: This SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE is licensed, not sold.
- GRANT OF LICENSE. This EULA grants you
the following rights.
Application Use. You may install, access, or otherwise use, as appropriate, one copy of this SOFTWARE or any prior version of this SOFTWARE for the same operating system on a single computer. The primary user of the computer on which this SOFTWARE is installed may make a second copy for exclusive use on a portable computer.
Network Use. You may store or install a copy of this SOFTWARE on a storage device, such as a network or web server, to be used exclusively for the purpose of installing or running this SOFTWARE on other computers over an internal network, subject to the requirement that you must acquire a license for each separate computer onto which this SOFTWARE is installed or run from that storage device. A license for this SOFTWARE may not be shared or used concurrently on different computers.
License Pak. If you have acquired this EULA in an Infolina License Pak, you may make the specified number of additional copies of this SOFTWARE as authorized on the printed copy of this EULA, and you may use each copy in the manner specified above. You may also make a corresponding number of secondary copies for portable computer use as specified above.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Not for Resale. This SOFTWARE is "Not for Resale" or "NFR." Notwithstanding other sections of this EULA, you may not resell, or otherwise transfer this SOFTWARE for value.
Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble this SOFTWARE or otherwise reduce this SOFTWARE to human readable form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components. This SOFTWARE is licensed as a single product, unless as specified on individual components. Component parts may not be separated for use on more than one computer.
Rental. You may not rent, lease, or lend this SOFTWARE.
Support Services. Infolina may, but is not obligated to provide you with support services related to this SOFTWARE ("Support Services"). Use of Support Services is governed by the Infolina polices and programs described in the user manual, in "online" documentation, and/or in other Infolina copyrighted materials. Any supplemental software, documentation, or other original material provided to you as part of the Support Services shall be considered part of this SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to Infolina as part of the Support Services, Infolina may use such information for its business purposes, including for product support and development. Infolina will not utilize such technical information in a form that personally identifies you.
Software Transfer. You may permanently transfer all of your rights under this EULA, provided that you retain no copies, that you transfer all of this SOFTWARE including all component parts, media and printed materials, upgrades, this EULA, and, any applicable Certificates of Authenticity, and the recipient agrees to the terms of this EULA. If this SOFTWARE is an upgrade, any transfer must include all prior versions of this SOFTWARE.
Termination. Without prejudice to any other rights, Infolina may terminate this EULA if you fail to comply with any the terms and conditions of this EULA. In such event, you must destroy all copies of this SOFTWARE and all of its component parts.
- UPGRADES. If this SOFTWARE is
an upgrade, you must be properly licensed to use a product
identified by Infolina as being eligible for the upgrade in
order to use the upgrade. Any component of this SOFTWARE labeled as an upgrade
replaces and/or supplements the product that formed the basis for
your eligibility for the upgrade. You may use the resulting upgraded
product only in accordance with the terms of this EULA. If this
SOFTWARE is an upgrade of a component to a package of software
programs that you licensed as a single product, this SOFTWARE may be
used and transferred only as part of that single product package and
may not be separated for use on more than one computer.
- COPYRIGHT. All title and copyrights in
and to this SOFTWARE, including but not limited to any i,
photographs, animations, video, audio, music, text, and controls,
scripts, or applets incorporated into this SOFTWARE, accompanying printed materials, and any copies of
this SOFTWARE are
owned by Infolina or its licensed partners. This SOFTWARE is protected
by copyright laws and international treaty provisions. You must treat
this SOFTWARE with the same degree of care and concern as any other copyrighted material,
with the exception that you may install this SOFTWARE on a single computer
provided you keep the original solely for backup or archival
purposes. You may not copy the printed materials accompanying this SOFTWARE.
- MULTIPLE-MEDIA SOFTWARE. You may receive
this SOFTWARE in a number of distinct media. Regardless of the type of medium
or size of the material encoded or recorded on that medium, you may use only one medium,
as you deem most appropriate for your single computer. You may not use or install the
other media on the same or any another computer. You may not loan, rent, lease, or
otherwise transfer the other media to another user, except as part
of the permanent transfer (as provided above) of this SOFTWARE.
- U.S. GOVERNMENT RESTRICTED RIGHTS. All
SOFTWARE provided to the U.S. Government pursuant to solicitations
issued on or after December 1, 1995 is provided with the commercial
rights and restrictions described elsewhere herein. All SOFTWARE
provided to the U.S. Government pursuant to solicitations issued
prior to December 1, 1995 is provided with RESTRICTED RIGHTS as
provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR
252.227-7013 (OCT 1988), as applicable.
- EXPORT RESTRICTIONS. This SOFTWARE has been classified by the US Government as exportable under License Exception TSU. The following terms apply: You agree that you will not export or re-export this SOFTWARE, any part thereof, or any process or service that is the direct product of this SOFTWARE (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, which intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity whom you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity whom has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that no U.S. federal agency has suspended, revoked or denied your export privileges.
MISCELLANEOUS
If you acquired this product in the United States, this EULA is governed
by the laws of the State of North Carolina. If this product was acquired
outside the United States, local law will apply. Should you have any
questions concerning this EULA, or if you desire to contact Infolina
for any reason, please write to: Infolina, Inc., PO Box 1412,
Mt Pleasant, NC 28124.
LIMITED WARRANTY
LIMITED WARRANTY FOR SOFTWARE ACQUIRED OUTSIDE THE UNITED STATES AND
CANADA. FOR INFORMATION ON LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO
YOUR PARTICULAR JURISDICTION, PLEASE CONTACT INFOLINA AT THE
ADDRESS ABOVE.
Infolina warrants that: (1) this SOFTWARE, OpenBAR®, will perform substantially
in accordance with the accompanying written materials for a period of
ninety (90) days from the date of receipt, and (2) any Support Services
provided by Infolina shall be substantially as described in
applicable written materials provided to you by Infolina and that Infolina
support engineers will make commercially reasonable efforts to solve any
problem issues. Customer will be liable for installation time and expenses.
Some states and jurisdictions do not allow limitations
on duration of an implied warranty, so the above limitation may not
apply to you. To the extent allowed by applicable law, implied
warranties on this SOFTWARE, if any, are limited to ninety (90) days.
CUSTOMER REMEDIES. Infolina' and its licensed partners' entire liability and your exclusive remedy shall be, at Infolina' option, either (1) return of the price paid less a 40% restocking fee, if any, or (2) repair or replacement of this SOFTWARE, OpenBAR®;, that does not meet Infolina's Limited Warranty and which is returned to Infolina with a copy of your receipt, (3) Customer will be liable for installation time and expenses. This Limited Warranty is void if failure of this SOFTWARE, OpenBAR®, is a result of accident, abuse, tampering, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Infolina are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Infolina AND ITS LICENSED PARTIES DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH REGARD TO THIS SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Infolina OR ITS LICENSED PARTNERS 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 THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF Infolina HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, Infolina' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THIS SOFTWARE PRODUCT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.