SoftIntegration Ch Student Edition End-User License Agreement
Redistribution Or Rental Not Permitted Unless Permission Is Granted
From SoftIntegration, Inc.
The undersigned ("You," "Licensee" or "End User") and
SoftIntegration, Inc. ("SoftIntegration") agree as follows:
SOFTINTEGRATION IS PROVIDING THE LICENSED SOFTWARE FOR YOUR USE
ON A NONEXCLUSIVE BASIS UPON THE CONDITION THAT YOU ACCEPT ALL
OF THE TERMS SET FORTH BELOW. IF YOU ARE NOT WILLING TO ACCEPT
THESE TERMS AND CONDITIONS, DO NOT INSTALL THE LICENSED SOFTWARE
AND RETURN THE LICENSED SOFTWARE UNUSED WITHIN THIRTY DAYS OF
PURCHASE FOR A REFUND OF THE PAID LICENSE FEE.
1. Legal Agreement. This is a legal agreement between You
(the End User, either an individual or an entity) and
SoftIntegration. By installing this Licensed Software, You
indicate Your acceptance of this Agreement. If You do not agree
to all of the terms of this Agreement, promptly return the
Licensed Software and all related materials to SoftIntegration
at the address written below. If You are accessing the Licensed
Software electronically, indicate Your acceptance of these terms
by selecting the "Yes" in response to the question "Do You
accept all the terms of the preceding License Agreement?" during
the installation. If You do not agree all of these terms, select
"No" in response to the same question.
2. Grant of License. Subject to the terms and conditions of
this Agreement, SoftIntegration grants you (Licensee) as
an End User a non-exclusive license to use the Software
free of charge, only if you are a currently registered student of
an educational institution (K-12, junior college, college),
to install and use the SoftIntegration Ch Student Edition
version 6.3 in both binary and source code form
and related user documentation ("Licensed Software").
The Licensed Software includes all
other computer software and documentation delivered to Licensee
pursuant to this License Agreement or SoftIntegration software
support. Each copy shall be installed in a student's personal computer
and accessed by a single user. The Licensed Software shall not be
exported to different computers by file sharing.
Installation of Ch Student Edition v6.3 in computers in
teaching laboratories, research laboratories, and instructors' computers
is not permitted unless permission is granted from
SoftIntegration, Inc. in writing.
3. No Modification of Licensed Software. Licensee shall not
modify, reverse engineer, decompile, disassemble or translate
the Licensed Software or related documentation, or apply any
other procedure or technology to the Licensed Software so as to
determine the source listings for the Licensed Software.
4. No Assignment, Transfer or Disclosure. Licensee shall
not transfer, disclose, disseminate, provide or otherwise make
available all or any part of the Licensed Software or
documentation to a third party without the prior written consent
of SoftIntegration. Licensee shall not disclose the results of
any benchmark tests of the Licensed Software to any third party
without SoftIntegration's prior written approval. Neither the
Licensed Software nor this Agreement may be assigned or
otherwise transferred by Licensee.
5. No Right to Sublicense. Licensee shall not distribute,
rent, sell, lease or sublicense all or part of the Licensed
Software or documentation to any person. Licensee agrees it
will not use or grant any right to use the Licensed Software or
any portion thereof except as authorized herein, and that it
will not make or have made, or permit to be made, any copies of
the Licensed Software, other than a single copy of the Licensed
Software for archival purposes only. Any such archival copy
shall contain the same proprietary notices or legends which are
applicable to such portions thereof. The software may contain
open source components identified and governed by licenses
in the directory CHHOME/license or CHHOME/toolkit/license
where CHHOME is the home directory in which Ch will be installed.
Those open source components are governed by their licenses
in the above directories.
6. Disclaimer of Warranty. Licensee recognizes that
SoftIntegration and its suppliers make no warranty of any kind
with respect to the Licensed Software. The sole obligation of
SoftIntegration or its suppliers with respect to the Licensed
Software shall be, in SoftIntegration's discretion, (a) to
replace free of charge any defective recording media or (b) to
refund the license fees paid for the affected media, provided
that the media is returned to SoftIntegration by Licensee within
30 days after the date of this License Agreement. The preceding
obligation of SoftIntegration does not cover damage or defects
caused by or related to improper installation or configuration,
misuse, accident, negligence or misapplication. SoftIntegration
does not warrant that the software is error-free or will operate
without interruption.
THE FOREGOING IS IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED,
CONCERNING THE LICENSED SOFTWARE OR ANY MEDIA OR HARDWARE USED
TO DELIVER OR TRANSMIT THE SOFTWARE, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT. LICENSEE FURTHER AGREES
SOFTINTEGRATION AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY
LOST PROFITS, OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY
OTHER PARTY. IN NO EVENT SHALL SOFTINTEGRATION OR ITS SUPPLIERS
BE LIABLE FOR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE
LICENSED SOFTWARE), EVEN IF SOFTINTEGRATION HAS BEEN ADVISED OF
THE POSSIBILITIES OF SUCH DAMAGES.
7. High-Risk Activities. The Licensed Software is not fault
tolerant and is not designed, manufactured or intended for use
in hazardous environments requiring fail-safe performance
(including, without limitation, the operation of nuclear
facilities, aircraft navigation or communication systems, air
traffic control, direct life support machines, or weapons
system), in which the failure of the Licensed Software could
lead directly or indirectly to death, personal injury, or severe
physical or environment damage. SoftIntegration and its
suppliers specifically disclaim any express or implied warranty
of fitness for any high-risk uses specified above.
8. Ownership. Licensee agrees it has no rights with respect
to the Licensed Software other than those rights granted by this
Agreement. SoftIntegration has retained and will retain all
ownership rights to the Licensed Software and documentation,
including all patent rights, copyrights, trademarks, service
marks, related goodwill, and confidential and proprietary
information relating thereto.
9. Termination. The license will terminate automatically
if you fail to comply with the limitations described herein.
On termination, you must destroy all copies of the
Licensed Software and Documentation.
10. Return of Licensed Software Upon Termination. In the
event this License Agreement is terminated, Licensee agrees to
return to SoftIntegration the Licensed Software and to provide
SoftIntegration with a signed and dated written certification
that Licensee has destroyed all of its copies of the Licensed
Software. Such return and notice must be received by
SoftIntegration within fifteen (15) days following notice of
termination.
11. Export Regulations. Licensee acknowledges that the
Licensed Software is subject to United States export control
laws and regulations. Licensee agrees that it will not export
the Licensed Software to any country or end-user that is subject
to United States export restrictions, or imported into any
country except as permitted by the laws and regulations of the
applicable country.
12. Attorneys' Fees. If SoftIntegration is required to
engage in any suit or proceedings, legal or otherwise, including
arbitration, to enforce its rights under this Agreement,
SoftIntegration shall be entitled to recover from Licensee, in
addition to any other sums due, the reasonable attorneys' fees,
costs, and necessary disbursements involved in said suit or
proceedings. In addition, Licensee shall pay SoftIntegration its
reasonable attorneys' fees and costs incurred in enforcing any
judgment, order or decree issued by a court, arbitrator or other
authority in such proceedings, or in collecting any monetary
award made to SoftIntegration in such proceedings.
13. No Modification or Waiver. This Agreement may be
amended, modified or supplemented only by a written instrument
executed by the parties hereto. SoftIntegration shall be deemed
not to have assented to any variations in the terms of this
Agreement or to different terms unless such assent is express,
includes an express waiver of the applicable terms of this
Agreement, and is in writing and signed. Moreover, any waiver is
only for the particular matter specified therein, and shall not
affect or impair the right of SoftIntegration to require
observance, performance or satisfaction either of that term or
condition as it applies on a subsequent occasion or of any other
term or condition.
14. Compliance with Laws. Use, duplication or disclosure of
the programs and documentation by the United States Government
is subject to restrictions as set forth in subparagraph
(c)(1)(ii) at DOD Supplement to the Federal Acquisition
Regulations ("DFAR") or subparagraphs (c)(1) and (2) of
Commercial Computer Software-Restricted Rights at 48 CFR
52.227-19.
15. Governing Law; Venue The rights and obligations of the
parties and the interpretation and enforcement of this Agreement
shall be governed by and construed in accordance with the laws
of the State of California, excluding its conflict of laws
rules. The exclusive venue of any action arising out of this
Agreement shall be the State or federal courts located in
Sacramento, California. The application of the United Nations
Convention on Contracts for the International Sale of Goods to
this Agreement is expressly excluded.
16. Contact. Should you have any questions concerning this
Agreement, or if you desire to contact SoftIntegration for any
reason, please write: SoftIntegration, Inc., 216 F Street,
#68, Davis, CA 95616, USA; www.softintegration.com.
SoftIntegration Ch Student Edition EULA, (Revision 06062011)