Software Single User License
1. License Acceptance
This license agreement and limited warranty constitutes a legal agreement (“License Agreement”) between you (“Licensee”, as an individual or single entity) and Taylor Enterprises, Inc. (“Licensor “), owner of the Change-Point Analyzer, Distribution Analyzer, Sampling Plan Analyzer, Simulator and VarTran® software packages (“Software”).
BY INSTALLING, COPYING, OR OTHERWISE USING THESE SOFTWARE PACKAGES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.
Upon your acceptance of the terms and conditions of the License Agreement, Taylor Enterprises, Inc. grants you the right to use the Software in the manner provided below.
If you do not accept the terms and conditions of the License Agreement, you are to promptly delete each and any copy of the Software from your computer(s).
2. License Terms
After accepting this license agreement, the Licensee is permitted to use the Software under the terms of this agreement for no more than thirty (30) days, and for evaluation purposes only, without payment to the Licensor.
If the Licensee wants to use the software for more than thirty (30) days and/or for purposes other than evaluating the Software, the Licensee must purchase from the Licensor a single user license for each user of the Software. Each licensed user of the software will be provided with a user name and license code that is for their exclusive use and allows them to perpetually operate the current version of Licensor’s Software in the manner described in the License Agreement. The Software can only be operated on equipment owned or operated by the licensed users. Only with permission of Licensor, can a single user license be transferred from one individual to another or from one entity to another.
The Software remains the exclusive property of the Licensor. Any Licensee which fully complies with the terms in this license agreement may use it according to the terms of this license agreement. You must not give copies of your user name or license code to other persons or entities. You must also take reasonable steps to prevent any third party from copying your user name and license code from one of your machines without your permission.
You must not attempt to reverse compile, modify, translate or disassemble the Software in whole or in part. You must not run the Software under a debugger or similar tool allowing you to inspect the inner workings of the Software.
You may distribute the Software that is available for public download at Variation.com, on the condition that you do this by making identical copies of the downloaded file(s). You must not ask payment for the act of distributing the Software except a reasonable contribution to cover your expenses in material, shipping and communication costs. You must make it clear to the recipient that you are sending an evaluation version and that the recipient will have to accept a license agreement in order to evaluate it, and make payment in order to fully use the Software.
Regardless of the number of licenses bought, the Licensee has right to place an additional copy of the Software and the user names and license codes on a removable medium for backup purposes to protect the investment made.
4. Upgrades and Corrections
When errors are found in the Software, the Licensor will release a new version of the Software that no longer contains those errors within a reasonable amount of time after the Licensor is given an accurate description of those errors. Which amount of time is reasonable will depend on the complexity and severity of the errors. No payment to the Licensor is required.
The Licensee will receive free upgrades for a period of one year from registering the software. After this time, the Licensor reserves the right to charge an upgrade fee in the case of major new enhancements or additions to the Software.
5. Disclaimer of Warranty and Limitation of Liability
THE SOFTWARE IS PROVIDED AS IS. LICENSOR MAKES NO WARRANTIES, AND LICENSOR EXPRESSLY DISCLAIMS, AND LICENSEE HEREBY EXPRESSLY WAIVES, ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS CAN BE CORRECTED. THE ENTIRE RISK OF THE SOFTWARE’S QUALITY AND PERFORMANCE IS WITH LICENSEE.
LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF LICENSOR TO LICENSEE FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT PAID TO LICENSOR BY LICENSEE UNDER THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. BOTH PARTIES UNDERSTAND AND AGREE THAT THE REMEDIES AND LIMITATIONS HEREIN ALLOCATE THE RISKS OF PRODUCT AND SERVICE NONCONFORMITY BETWEEN THE PARTIES AS AUTHORIZED BY THE UNIFORM COMMERCIAL CODE AND ALL OTHER APPLICABLE LAWS. THE LICENSE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES SET FORTH IN THIS AGREEMENT.
Licensor has the right to terminate this agreement and license(s) granted herein, without prior notice, if you violate any or all of the terms of this license agreement.