USER AGREEMENT
1. General
E-Centric, Inc. provides the FormulatorNET software, subject to your
compliance with the terms and conditions listed below and any and all terms and
conditions listed in the license agreement you agreed to prior to your purchase
of the software. By installing this software, you affirm that you have read and
agree with all the terms and conditions stated herein, and are bound by same.
If you do not agree, you may not install this software.
If at
any time the terms and conditions of this Agreement are no longer acceptable to
you, you should immediately cease all use of the Software.
2. User Rights and Use
The free version of FormulatorNET may be used for either of the
following purposes:
-
For Personal or Non-commercial use (as defined herein), or
-
To evaluate the Software prior to purchase.
The term "Non-Commercial User" is limited to the following: university or other
educational institutions (such as pre-schools, elementary schools, middle or
junior high schools, high schools, and community or junior colleges),
non-profit organizations (such as public libraries, charities, and other
organizations created for the promotion of social welfare), "University Users",
and other individual users who use the Software for personal use (such as
hobby, recreational, or educational purposes). The term "University Users" is
limited to students, faculty members, researchers, administrators, support
staff, and employees of a university when acting in this capacity.
Personal and Non-Commercial Users are granted the non-exclusive,
non-transferable rights to install and use the Software as follows:
- At any time, a maximum of one installation or one copy of the Software may
be hosted on a Web server that is accessible over the Internet or Intranet.
- The Software may be installed on a maximum of three hard-drives at a time,
but no more than one of these installations or copies of the Software may grant
Web users access to the Web application over the Internet or Intranet. In other
words, the user may install the Web application, for example, (1) on a local
hard-drive for development purposes, (2) on a second Web server for testing
purposes, and (3) on a third Web server for deployment, but only one copy
(i.e., the deployment copy) shall be accessible over the Internet or Intranet.
Users who do not qualify as Personal or Non-Commercial Users may install
one copy of the Software for the sole purpose of evaluating the product prior
to purchase, but may not grant Web Users access to the Web application
over the Internet or Intranet.
3. Limitations on End User Rights
(a) You may not copy the Software, except for a backup copy to be used
only in the event of loss or damage to the original copy.
(b) You may not resell or redistribute the Software or any of its components without prior written
permission from E-Centric, Inc.
(c) You may not use, modify, translate, reproduce, or transfer the right to use
the Software or copy the Software except as expressly provided in this
Agreement.
(d) You may not reverse engineer, reverse compile, disassemble, or otherwise
attempt to discover the source code of the Software or create derivative works
based on the Software unless you have purchased source code directly from
E-Centric, Inc.
(e) The footers containing the copyright message and links to E-Centric, Inc.’s
Web site (dotnetgoodies.com) must not be modified and
must remain clearly visible.
4. Endorsement
G>Neither the name e-CentrNeither the name E-Centric, Inc. nor the names of its contributors may
be used to endorse or promote products derived from this software without
specific prior written permission.
5. Indemnification
G>THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE SOFTWARE,
SUPPORTING DOCUMENTATION, THE EXPRESS OR IMPLIED RECOMMENDATIONS OR ADVICE
OFFERED BY E-CENTRIC, INC. OR ITS AGENTS (WHETHER THROUGH THE WEBSITE, EMAIL,
OR OTHERWISE), AND THE ACCURACY OR COMPLETENESS OF ANY AND ALL CLAIMS BY
E-CENTRIC, INC. (WHETHER THROUGH THE WEBSITE, EMAIL, SUPPORTING DOCUMENTATION,
USER MANUALS, INSTALLATION GUIDES OR OTHERWISE) IS ASSUMED BY YOU. NEITHER
E-CENTRIC, INC., ITS AGENTS, EMPLOYEES NOR ANY THIRD PARTY CONTENT PROVIDER OR
CONTRIBUTOR OR ITS AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
ANY AND ALL PRODUCTS OR SERVICES OFFERED BY OR THROUGH E-CENTRIC, INC.