END USER LICENSE AGREEMENT FOR SLICKEDIT(R) STANDARD OR
PRO 2022
IMPORTANT
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or "Your")
AND SLICKEDIT INC. ("SlickEdit"). SLICKEDIT IS WILLING
TO LICENSE THE SLICKEDIT STANDARD OR PRO 2022 SOFTWARE
("Software") ONLY UPON THE CONDITION THAT YOU ACCEPT ALL
OF THE TERMS CONTAINED IN THIS SOFTWARE LICENSE AGREEMENT
("Agreement"). PLEASE READ THE TERMS CAREFULLY BEFORE
COMPLETING THE INSTALLATION PROCESS, COPYING OR OTHERWISE
USING THE SOFTWARE. BY INSTALLING, COPYING OR OTHERWISE
USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF
THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE
TERMS, THEN DO NOT USE AND/OR INSTALL THE SOFTWARE.
1. Software License.
(a) License Grant.
(i) SlickEdit grants to You a nonexclusive,
nontransferable license (except as expressly set
forth in Section 10) to use the Software, and any
accompanying documentation ("Documentation") solely
for Your own internal business needs pursuant to the
terms and conditions of this Agreement. This license
to use the Software is conditioned upon Your compliance
with the terms of this Agreement.
(ii) One individual ("User") is authorized to
use the Software according to the terms of this
Agreement. Unless expressly stated otherwise, the
Software may not be separated for use by more than the
one individual authorized to use the Software. Your
use of the Software is limited to the licensing option
purchased by You and indicated by the part number
on Your invoice. Each licensing option is defined
as follows.
(1) Named User License. Software provided
to You under this option may only
be installed on any computer owned or
controlled by You, but in no event shall
the Software be used by any person other
than You.
(2) Concurrent User License. Software
provided under this option may be installed
on and processed by the server computer
located at a site indicated on the invoice,
and may be installed on and simultaneously
processed by the number of workstation
and/or personal computers ("Concurrent
Users") indicated on the invoice, which
have electronic access to the server
computer located at any site indicated on
the invoice and which are accessing the
same data concurrently from more than one
computer up to the predefined limit.
(3) Subscription. Software provided to You
under this option may only be installed on
any computer owned or controlled by You,
but in no event shall the Software be (i)
used by any person other than You and
(ii) used on more than one computer at
the same time.
(iii) Slick-C(R) Code. You may modify, copy, and
distribute the Slick-C Code (modified or unmodified)
only if all of the following conditions are met: (1)
You do not include the Slick-C Code in any product or
application designed to run independently of SlickEdit
software programs; (2) You do not use the SlickEdit
name, logos or other SlickEdit trademarks to market
Your application; (3) You provide a copy of this
license with the Slick-C Code; and (4) You agree to
indemnify, hold harmless and defend SlickEdit from
and against any loss, damage, claims or lawsuits,
including attorney's fees, that arise or result from
the use or distribution of Your application.
(b) Trial License. If You have acquired a trial version
of the Software, the Software is for evaluation use
only. The Software will time-out and cease to operate
after a limited period of time (the "Time-Out"). This is
typically 15 days from the date You submit a request for
a trial license key using the online request form on the
SlickEdit website. This Agreement will terminate after such
period unless extended by SlickEdit upon Your acquisition
of a full retail license. Trial versions may contain
limited functionality and are to be used for evaluation
purposes only. YOUR USE OF TRIAL SOFTWARE IS AT YOUR OWN
RISK. SEE SECTIONS 4(b) AND 5 for WARRANTY DISCLAIMERS
AND LIABILITY LIMITATIONS WHICH GOVERN TRIAL SOFTWARE.
(c) Not-For-Resale License. If You have acquired a
Not-For-Resale version of the Software, the Software will
time-out and cease to operate after a limited period of
time (the "Time-Out") and Your right to use the Software
and this License Agreement shall terminate upon the
occurrence of the Time-Out. YOUR USE OF NOT-FOR-RESALE
SOFTWARE IS AT YOUR OWN RISK. SEE SECTIONS 4(b) AND 5
for WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH
GOVERN NOT-FOR-RESALE SOFTWARE.
(d) Subscription License. If you have acquired a
subscription license version of the Software, the term of
this Agreement shall commence on the date You purchase a
one year subscription and shall continue for a period of
one year thereafter. Unless You renew Your subscription
prior to the expiration of the current subscription
period, this Agreement shall expire. If You renew Your
subscription, then the term of such renewal shall commence
on the day after the expiration of the prior subscription
period and continue for one year thereafter.
2. Restrictions. Except as expressly set forth in Section
10, you may not transfer the Software to another entity
or person. Any such transfer terminates Your license under
this Agreement. Except with respect to the Slick-C Code as
expressly set forth in Section 1(a)(iii), You shall not (i)
modify, translate, reverse engineer or reverse compile in
whole or in part the Software, (ii) rent, sell, time-share,
lease, sublicense, transfer, publish, disclose, display or
otherwise make available the Software or copies thereof
to others and (iii) copy the Software except as provided
herein. You shall not tamper with, bypass or alter any
security features of the Software or attempt to do so.
3. Intellectual Property Ownership. The license of
the Software is not a sale. Title, ownership rights,
and intellectual property rights in and to the Software
and Documentation shall remain in SlickEdit. You agree to
abide by the copyright laws and all other applicable laws
of the United States. You acknowledge that the Software
in source code remains a confidential trade secret of
SlickEdit. Failure to comply with the above restrictions
will result in automatic termination of this license and
will make available to SlickEdit other legal remedies. You
may not disclose any of SlickEdit's proprietary or trade
secret information relating to the Software to any third
party. You agree to secure and protect the Software,
Documentation and copies thereof in a manner consistent
with the maintenance of SlickEdit's rights therein and
to take appropriate action by instruction or agreement
with Your employees or consultants who are permitted
access to the Software to satisfy Your obligations
hereunder. You may make one copy of the Software for
backup or archival purposes in support of Your permitted
use of the Software. You may copy and distribute the
Software internally in support of Your permitted use of
the Software.
4. WARRANTY; DISCLAIMER.
(a) Performance Warranty. Company warrants that the
Software will perform substantially in accordance with its
Documentation for 30 days after the date of receipt. Your
exclusive remedy under the preceding section is to return
the Software to the place You acquired it, with a copy of
Your receipt and a description of the problem. Provided
that any non-compliance with the above warranty is
reported in writing to SlickEdit no more than thirty
(30) days following delive
