Enfocus PitStop Pro
Contents
1. Enfocus End User License Agreement READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE OPENING THE SOFTWARE PACKAGING AND OR INSTALLING COPYING OR USING THE SOFTWARE OPENING THE SOFTWARE PACKAGING AND OR INSTALLING COPYING OR USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT YOUR ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS AGREEMENT IN FULL IS A PREREQUISITE CONDITION UNDER WHICH ENFOCUS IS WILLING TO LICENSE ITS SOFTWARE TO YOU IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS PLEASE RESEND THIS PACKAGE TO THE ADRESS OF ENFOCUS MENTIONED BELOW ALONG WITH YOUR PROOF OF PAYMENT AND YOU WILL BE REFUNDED LICENSE AGREEMENT TERMS AND CONDITIONS 1 LICENSE amp PROPRIETARY RIGHTS a Software In this agreement Software refers to the totality of the application binary code necessary to run the software application any accompanying documentation and setting files and help files and the license code necessary to license the application b Software License Subject to the terms and conditions of this Agreement Enfocus NV established under Belgian Law having its registered office at Kortrijksesteenweg 1095 B 9051 Gent Belgium hereafter the Company grants to the end user hereafter You and You accept from the Company a non exclusive non transferable revocable personal license for an unlimited period to use a specific number of copies of the Software in object code form2. NECTED WITH THIS AGREEMENT WHETHER AN ACTION BASED UPON CONTRACT TORT OR OTHERWISE IN NO EVENT SHALL THE LIABILITY OF THE COMPANY FOR ANY AND ALL CLAIMS HEREUNDER BY YOU OR ANY OTHER PERSON EXCEED THE SOFTWARE LICENSE FEE YOU HAVE PAID TO THE COMPANY OR ANY OF ITS AUTHORIZED PARTNERS IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES LOSS OF PROFIT OR FINANCIAL LOSS DUE TO ANY DAMAGE TO OR DEGRADATION OR LOSS OF ANY DATA INFORMATION OR WORK PRODUCT OF YOU IN CONNECTION WITH THE SOFTWARE AND OR DUE TO OR ARISING FROM ANY RESULT OR OUTPUT OF THE SOFTWARE SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IF YOU ARE DISSATISFIED WITH THE SOFTWARE YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SOFTWARE 5 TERMINATION amp SURVIVAL This Agreement shall remain in effect until terminated by You or the Company termination does not give cause to right to any refund You may terminate this Agreement by returning the Software to the Company and giving written notice to Company The Company may terminate this Agreement entirely or in part by means of a registered letter observing a notice period of 1 month if You breach any term or condition of this Agreement This Agreement shall automatically terminate in the event You breach or fail to comply with any term or condition of Sections 1b 1c or 1d of this Agreemen
3. S WARRANTIES AS SET FORTH ABOVE IN SECTION 2 ARE THE ONLY WARRANTIES MADE BY THE COMPANY AND WILL NOT BE ENLARGED DIMINISHED OR AFFECTED BY AND NO OBLIGATION OR LIABILITY WILL ARISE OR GROW OUT OF THE COMPANY S RENDERING OF SERVICES OR ANY OTHER ADVICE OR SERVICE RELATING TO AND OR IN CONNECTION WITH THE SOFTWARE THE SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED MANUFACTURED OR INTENDED FOR USE OR RESALE AS ON LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL SAFE PERFORMANCE SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS AIR TRAFFIC CONTROL DIRECT LIFE SUPPORT MACHINES OR WEAPONS SYSTEMS IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE HIGH RISK ACTIVITIES COMPANY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY HIGH RISK ACTIVITY MUCITA DISCLAIMER THE PARTIES AGREE THAT THE MARYLAND UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT MD CODE ANN COMMERCIAL LAW 22 101 ET SEQ MUCITA SHALL NOT APPLY TO THIS TRANSACTION INCLUDING PER MUCITA 22 104 AND THAT THIS TERM WHICH CHANGES THE EXTENT TO WHICH MUCITA APPLIES TO THIS TRANSACTION IS CONSPICUOUS 4 LIMITATION OF LIABILITY IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT INCIDENTAL CONSEQUENTIAL EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CON
4. e right to amend or modify the terms and or conditions of this Agreement upon written notice to You The terms of this Agreement may not be amended or changed by the terms of Your purchase order acknowledgment invoice or similar document even though the Company may have signed accepted or received any such document No failure or delay by either party in exercising any right power or remedy with respect to any of the provisions of this Agreement shall operate as a waiver thereof c Severability In the event any provision of this Agreement is found by a court of competent jurisdiction to be invalid void or unenforceable the parties agree that unless it materially affects the entire intent and purpose of the Agreement the invalidity voidness or unenforceability shall affect neither the validity of this Agreement nor the remaining provisions herein and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision d Enforcement You acknowledge that any breach threatened or actual of any provision of Section 1 hereof by You will cause irreparable injury to the Company such injury would not be quantifiable in monetary damages and the Company would not have an adequate remedy at law You therefore agree that the Company shall be entitled in addition to other available remedies to seek an injunction or other appropriate equitable relief fr
5. his Agreement in the event of non payment of invoices that have become due 2 LIMITED WARRANTY THE COMPANY WARRANTS THAT THE MEDIA IF ANY ON WHICH THE SOFTWARE IS DELIVERED TO YOU WILL BE FREE OF DEFECTS IN MATERIALS AND OR WORKMANSHIP FOR A PERIOD OF NINETY 90 DAYS STARTING FROM THE DAY THE SOFTWARE IS PURCHASED BY YOU IN THE EVENT OF ANY MATERIAL DEFECT YOUR EXCLUSIVE REMEDY AND THE COMPANY S SOLE RESPONSIBILITY WILL BE FOR THE COMPANY OR ONE OF ITS PARTNERS TO REPLACE THE MEDIA ON WHICH THE SOFTWARE IS PROVIDED 3 DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY WARRANTED AT SECTION 2 ABOVE THE SOFTWARE IS PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE NON INFRINGEMENT AND OR INTENDED PURPOSE OR USE THE COMPANY DOES NOT WARRANT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ACCURACY RELIABILITY CURRENTNESS COMPLETENESS FUNCTIONALITY INTENDED PURPOSE OR OTHERWISE YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY OPERATION AND PERFORMANCE OF THE SOFWARE THE WARRANTIES SET FORTH HEREIN SHALL NOT APPLY AND THE COMPANY SHALL HAVE NO LIABILITY IF THE SOFTWARE OR ANY PORTION THEREOF HAS BEEN MISUSED IN ANY WAY OR ACCESSED ALTERED OR MODIFIED BY YOU OR ANY PERSON OTHER THAN THE COMPANY THE COMPANY
6. om a court of competent jurisdiction restraining any breach threatened or actual of Your obligations under any provision of Section 1 You waive any requirement that the Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to the Company to enforce any provision of Section 1 e Applicable Law amp Forum This Agreement shall be governed by and construed and interpreted in accordance with the laws of Belgium Any dispute relating to this Agreement shall be submitted to the exclusive jurisdiction of the courts of Ghent f Entire Agreement This Agreement contains the exclusive statement of the parties relating to the terms and conditions of the license of the Software to You and supersedes any prior or contemporaneous agreement communication statement or understanding relating to the subject matter of this Agreement YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS YOU AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT AMONG THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT
7. only for use on a specific number of computers as determined by the Software License Limit defined in the rest of this paragraph The word Computer refers to the computer system for which the Software is meant according to the documentation This software license is granted on the explicit condition that you have legally acquired the software from the Company or any of the Company s authorized distributor or reseller partners or that you obtained for free or for a fee the software as part of a Software Pack If you obtained a single software license also referred to as single user or single system license the Software License Limit is one 1 If you obtained a multiple software license also referred to as multiple user or volume license the Software License Limit is determined by the invoice from the Company or any of the Company s authorized distributor or reseller partners c Software Pack If you acquired a Software Pack Company grants you the right to distribute for free or against a fee the individual original copies from the acquired pack You are not allowed to distribute non original copies If you distribute copies against a fee the distribution price shall in no event be higher than the price per copy in the pack you acquired The above right to distribute is limited to the individual original copies contained in the Software Pack and you are not granted the rights to distribute any other Software All copies dist
8. opyrighted to the Company or its partners who shall at all times retain their rights in the Software including their intellectual property rights and all subsequent copies of the Software regardless of the form or media in or on which the original and other copies may subsequently exist This license is not a sale of the Software or a transfer of copyright in or ownership of the Software or any copy of the Software nor do you have any rights to use trademarks of the Company You acknowledge and agree that i the Software includes unpublished licensed works and or trade secrets of the Company ii the Company derives independent economic advantages from the possession and use of the Software and iii the Software is maintained in confidence and subject to reasonable precautions to protect the Software from unauthorized disclosure and use g License fee You pay a once only fixed fee inclusive of taxes for the amount specified on the Invoice or its electronic equivalent License Fee that includes your right to use the Software as described under Section 1b 1c 1d 1e and 1f the accompanying documentation setting files and help files and the license code necessary to license the application This License Fee is payable in cash before delivery of the Software or will be invoiced to You by the Company or any of the Company s authorized distributor or reseller partners The Company shall be entitled to suspend performance of the execution of t
9. ributed should remain in the state they were received in the pack including original packaging license agreement settings documentation etc The persons you distribute copies from the pack to will be bound to the license agreement d Restrictions Except as expressly permitted in this Agreement and to the maximum extent permitted by applicable law You may not i copy store reproduce transmit distribute display rent lease license transfer sell modify alter including the correction of errors bugs or commercially exploit the Software or any part thereof or place it at any third party s disposal in whatever way directly or indirectly for remuneration or free of charge including but not limited to preflight on line pay per preflight and subscription based preflighting ii reverse engineer decompile disassemble translate or create any derivative work of the Software or any part thereof iii erase or remove any proprietary or intellectual property notice contained in or on the Software any part thereof or any information displayed transmitted or printed from the Software or iv use or permit use of the Software for or by any person other than You Notwithstanding the foregoing You may make one 1 copy of the Software for back up or archival purposes e Proprietary Rights amp Trade Secrets You do not acquire any right title or interest in the Software except as expressly set forth in this Agreement The Software is c
10. t Upon termination for any reason and by any party You shall promptly return the Software to the Company and erase and remove all copies of the Software from any computer equipment and or media in Your possession custody or control The provisions of Sections 1d 1e 3 4 and 7 shall survive any termination or expiration of this Agreement 6 RESTRICTED RIGHTS LEGEND If the Software is licensed for or on behalf of the United States of America its agencies and or instrumentalities U S Government it is provided with Restricted Rights Use duplication or disclosure by the U S Government is subject to restrictions as set forth in subparagraph c 1 ii of the Rights in Technical Data and Computer Software clause at DFARS 252 227 7013 or subparagraphs c 1 and 2 of the Commercial Computer Software Restricted Rights at 48 CFR 52 227 19 as applicable Manufacturer is the Company 7 GENERAL TERMS a Assignment You may not assign or otherwise transfer this Agreement or the license granted hereunder or delegate any of Your duties hereunder in whole or in part Any attempt of assignment or transfer shall be void of no effect and a material breach of this Agreement b Waiver Amendment or Modification The waiver of any provision of this Agreement or any right power or remedy of the Company shall not be effective unless in writing and signed by the party against whom enforcement of such waiver is sought The Company reserves th
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