Deltopia DeltaWalker End-User License Agreement (EULA)
DEFINITIONS
"You" means the person or the legal entity who is being licensed to use the SOFTWARE. "We," "Us" and "Our" means Deltopia Inc. "SOFTWARE" means the DeltaWalker software product, which includes computer software and electronic documentation and may include printed materials and other accompanying media, as well as any updates to the original SOFTWARE that We have provided to You.
LICENSE GRANT
The SOFTWARE is licensed, not sold. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties.
By downloading, installing, copying, running, or otherwise using the SOFTWARE, You agree to be bound by the terms of this license agreement. If You do not agree to the terms of this EULA, do not install or use the SOFTWARE.
EVALUATION USE
This is not free software. If You have downloaded, or otherwise obtained, a Trial (unlicensed) version of the SOFTWARE, You can use it for up to 30 days for the sole purpose of determining whether it meets Your requirements and not for commercial use.
At the end of the 30 days, You must either purchase a full, non-evaluation SOFTWARE license or discontinue using the SOFTWARE. Using the SOFTWARE after the 30-day evaluation period is in violation of U.S. and international copyright laws.
COMMERCIAL LICENSE
A commercial license can be granted to a legal entity—a company or a single entity—as well as to an individual.
PERSONAL LICENSE
A personal license can only be granted to an individual and thus cannot be granted to a legal entity.
With both commercial and/or personal license, YOU MAY:
(i) Install any number of copies of the SOFTWARE on one or more computers.
(ii) With one unique license key, personally use only one installed copy of the SOFTWARE at a time.
(iii) Make one copy of the SOFTWARE for archival or backup purposes, provided that both the original and the backup copies are kept in Your possession.
The SOFTWARE is protected by United States and Canadian copyright laws and international treaties. You must treat the SOFTWARE like any other copyrighted material—for example, a book. With either commercial and/or personal license, YOU MAY NOT:
(iv) Copy the SOFTWARE except to make archival or backup copies as provided above.
(v) Modify or adapt the SOFTWARE or merge it into another software program.
(vi) Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the SOFTWARE.
(vii) Place the SOFTWARE onto a server so that it is accessible via a public network such as the Internet, or
(viii) Sublicense, rent, lease or lend any portion of the SOFTWARE.
TITLE
Deltopia Inc. and/or its suppliers are the owner of all intellectual property rights, title and interest in and to the SOFTWARE (including, but not limited to, images, video, audio, and text that are a part of the SOFTWARE).
Transfers
You may transfer all Your rights to use the SOFTWARE to another person or legal entity provided that You transfer this Agreement and the SOFTWARE, including all copies, updates and prior versions to such person or entity and that You retain no copies, including copies stored on computer.
LIMITED WARRANTY
We warrant that for a period of 90 days from the date of purchase the SOFTWARE will perform in substantial accordance with the accompanying written materials.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether We know or had reason to know of Your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITED REMEDY
Our entire liability and Your exclusive remedy for breach of the foregoing warranty shall be, at Our option, to either:
- Return the price You paid, or
- Repair or replace the SOFTWARE or media that does not meet the foregoing warranty if it is returned to Us with a copy of Your receipt.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), EXCEED THE TOTAL FEES PAID TO US UNDER THIS AGREEMENT FOR THE SOFTWARE THAT IS THE SUBJECT OF THE CLAIM.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TERMINATION
This license agreement takes effect upon Your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the SOFTWARE in Your possession. It will also automatically terminate if You fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the SOFTWARE in Your possession.
CONFIDENTIALITY
The SOFTWARE contains trade secrets and proprietary know-how that belong to Us and it is being made available to You in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
GENERAL PROVISIONS
1. This written license agreement is the exclusive agreement between You and Us concerning the SOFTWARE and supersedes any prior purchase order, communication, advertising or representation concerning the SOFTWARE.
2. This license agreement may be modified only by a writing signed by You and Us.
3. In the event of litigation between You and Us concerning the SOFTWARE the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
4. This license agreement is governed by the laws of the State of California.
5. You agree that the SOFTWARE will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.