END-USER LICENSE AGREEMENT FOR PHISTREAM SOFTWARE
PHIPE (Free)
IMPORTANT - READ CAREFULLY: This End-User License Agreement ('EULA') is a legal agreement between you (either an individual or a single entity) and PhiStream for the PhiStream software product accompanying this EULA, which includes computer software and may include associated media, printed materials, and 'online' or electronic documentation ('Software'). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or use the Software.
LICENSE to use software product
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
1. GRANT OF LICENSE.
: Software. This EULA grants you the right to install and use Phipe (the 'Software') on any number of servers residing on your premises for your internal use. Any number of clients/devices may use or access the services of a server on which the Software is installed. You agree that the client software for the Software which you are hosting on your servers may only be installed as a download from PhiStream Consulting; you may not host the client software on your server for download. You agree to use commercially reasonable efforts to verify that the most recent version of the client software for the Software is being downloaded from the applicable download site
: DOCUMENTATION.
Solely with respect to the electronic documents ('Documentation'), you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed beyond the user's premises
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
: Not For Resale Software. You may not resell, or otherwise transfer for value, the Software.
: Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
: Rental. You may not sell, rent, or lease the Software.
: Support Services. No technical support will be provided for the Software except through the support/forum sections of the applicable website.
: Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA
: Termination. Without prejudice to any other rights, PhiStream may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
: Reservation of Rights. PhiStream reserves all rights not expressly granted to you in this EULA.
4. COPYRIGHT.
All title and copyrights in and to the Software, the accompanying printed materials, and any copies of the Software are owned by PhiStream. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material.
8. ENTIRE AGREEMENT.
TThis EULA (including any addendum or amendment to this EULA which is included with the Software) (if applicable) are the entire agreement between you and PhiStream relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any PhiStream policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
MISCELLANEOUS
Should you have any questions concerning this EULA, or if you desire to contact PhiStream for any reason, please refer to the contact details on the primary website of PhiStream Consulting.
DISCLAIMER OF WARRANTIES.
To the maximum extent permitted by applicable law, PhiStream and its suppliers provide the Software and any (if any) support services related to the Software ('Support Services') AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Software, and the provision of or failure to provide Support Services.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
To the maximum extent permitted by applicable law, in no event shall PhiStream be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of Agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of PhiStream, and even if PhiStream has been advised of the possibility of such damages.
