ELECTRONIC END USER LICENSE AGREEMENT FOR PE EXPLORER version 1.99 R6
NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS
AND CONDITIONS OF THIS AGREEMENT.
This Heaventools Software End User License Agreement (the "EULA") is a legal contract between you (either an individual or an entity) and Heaventools Software ("Heaventools"), for the Heaventools PE Explorer software product in object code (the "SOFTWARE"). The term "SOFTWARE" also shall include any supplied corrections, bug fixes, enhancements, updates or other modifications created and supplied to you by Heaventools and any related user documentation and explanatory materials or files provided in written or electronic form. By installing and/or using the enclosed, attached, or about-to-be-installed SOFTWARE you accept all the terms and conditions of this EULA. For purposes hereof, "you" means the individual person installing or using the SOFTWARE on his or her own behalf; or, if the SOFTWARE is being downloaded or installed on behalf of an organization, such as an employer, "you" means the organization for which the SOFTWARE is downloaded or installed and you represent that you have authorized the person accepting this agreement to do so on your behalf. For purposes hereof the term "organization", without limitation, includes any partnership, limited liability company, corporation, association, unincorporated organization, or governmental authority. You assume responsibility for the selection of the SOFTWARE to achieve your intended results, and for the installation, use and result obtained from the SOFTWARE. Do not use the SOFTWARE in any case where significant damage or injury to persons, property or business may happen if an error occurs. If you do not agree to the terms of this EULA, Heaventools is unwilling to license the SOFTWARE to you. In such event, promptly stop the installation process, cease to use the SOFTWARE, and erase this SOFTWARE and all of its associated files from your system.
1. LICENSE GRANT.
1.1. Evaluation Period. When you first obtain a copy of the SOFTWARE, you are granted an evaluation period of not more than 30 days, after which time you must pay for the SOFTWARE according to the terms and prices discussed in the SOFTWARE's documentation, or you must remove the SOFTWARE from your computer. You are expected to use the SOFTWARE on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction. You may process any number of PE files using the SOFTWARE, provided that such processed output be used internally for evaluation purposes only. You may not distribute or publish any of your products that are processed by the SOFTWARE using this evaluation version of SOFTWARE. You must obtain a License for the SOFTWARE in order for you to distribute or incorporate works produced while utilizing the evaluation period of the SOFTWARE.
1.2. License. Heaventools grants to you a non-exclusive and non-transferable license to use the specified version of the SOFTWARE on a specified number of computers or other devices under your control for which the SOFTWARE was designed (each, a "Client Device") pursuant to the terms and conditions of this EULA ("License"). "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You hereby agree and accept such License as follows:
a) Personal Use License. If the SOFTWARE is licensed under Personal Use License as reflected in the terms specified in the applicable invoicing or packaging for the SOFTWARE you may use one copy of the SOFTWARE on one (1) Client Device solely for Personal Use. For purposes of this EULA, "Personal Use" shall mean personal non-commercial use, and not on behalf or for the benefit of any clients and excludes any commercial purposes whatsoever, which include without limitation any products that are commercially distributed, whether or not for a fee, or any materials or services for sale or for which fees or charges are paid or received.
b) Business Use License. If the SOFTWARE is licensed under Business Use License as reflected in the terms specified in the applicable invoicing or packaging for the SOFTWARE you may use the SOFTWARE for Personal or Commercial Use. For purposes hereof, "Commercial Use" shall mean any use of the SOFTWARE for legal business, commercial, or government purpose. One purchased Business Use License entitles you to use one copy of the licensed SOFTWARE on one (1) Client Device provided that if multiple or volume licenses for the SOFTWARE are purchased, the number of the Client Devices and/or the number of permitted users shall be as provided and permitted by invoicing terms and/or applicable License Key.
1.3. Updates, Support and Maintenance Services. Heaventools will provide you with email Support and Maintenance Services for a period of 18 months from the purchase date, provided however that you may extend the Support and Maintenance Services, as available, by paying the appropriate fees to Heaventools per applicable terms and conditions set forth on the Heaventools web site. During the term thereof, you may download free Updates to the SOFTWARE when and as Heaventools publishes them on its website. Maintenance and Support terms and conditions are subject to change without notice. Notwithstanding any provision to the contrary herein, nothing in this EULA shall be construed as to grant you any rights or licenses with regard to the New Releases of the SOFTWARE or to entitle you to any New Release. This EULA does not obligate Heaventools to provide any Updates. Notwithstanding the foregoing, any Updates that you may receive become part of the SOFTWARE and the terms of this EULA apply to them (unless this EULA is superceded by a further Agreement accompanying such Update or modified version of the SOFTWARE).
1.4. Term and Termination. The term of this EULA ("Term") shall begin when you purchase or otherwise legally receive the SOFTWARE until the termination of the EULA as provided herein. This EULA may be terminated by a superseding agreement, offered by Heaventools and accepted by you, for the SOFTWARE, Update or New Release of the SOFTWARE and conditioning your continued use of the SOFTWARE or Update or New Release of the SOFTWARE on your acceptance of such superseding agreement. Without prejudice to any other rights, this EULA and the License granted hereinabove will terminate automatically without notice from Heaventools if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this EULA, you must immediately cease use of the SOFTWARE and permanently erase all copies of the SOFTWARE and all of its associated files from your system.
1.5. No Rights Upon Termination. Upon termination of this EULA you will no longer be authorized to use the SOFTWARE in ny way.
1.6. Material Terms and Conditions. You specifically agree that each of the terms and conditions of this Section 1 are material and that failure of you to comply with these terms and conditions shall constitute sufficient cause for Heaventools to immediately terminate this EULA and the License granted under this Agreement. The presence of this Section 1.6 shall not be relevant in determining the materiality of any other provision or breach of this EULA by either party hereto.
2. RESERVATION OF RIGHTS AND OWNERSHIP.
2.1. The SOFTWARE is protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the United States, other countries and international treaties. Heaventools or its suppliers own and retain all proprietary rights, title, and interest in and to the SOFTWARE, including without limitations any error corrections, bug fixes, enhancements, updates or other modifications, including custom