EULA - End User License Agreement
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING CODE CO-OP SOFTWARE (THE "PROGRAM"). THIS IS NOT FREE SOFTWARE. THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT SOLD) AND IS THE PROPERTY OF RELIABLE SOFTWARE ("LICENSOR"). BY INSTALLING THE PROGRAM, YOU ("LICENSEE") ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT ("AGREEMENT"). IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD EXIT THIS APPLICATION AND AVOID INSTALLING THE PROGRAM.
THE PROGRAM IS NO LONGER SHAREWARE. If you have already installed a shareware version of the Program (Code Co-op versions 1.0 and 2.0), you may continue to use those versions indefinitely without paying for them. If you install Code Co-op version 4.6, your free evaluation period will automatically terminate after thirty one (31) days, AFTER WHICH YOU WILL BE UNABLE TO USE THE FULL PROGRAM UNLESS YOU PURCHASE A LICENSE TO DO SO.
IF YOU ARE RUNNING REGISTERED VERSION 4.2 OR 4.5, VERSION 4.6 WILL INSTALL OVER THIS PREVIOUS VERSION OF THE PROGRAM., WHICH WILL RESULT IN THE CONVERSION OF THE PROJECT DATABASE. VERSION 4.6 CAN BE UNINSTALLED HOWEVER, THE PROJECT HISTORY WILL BE LOST UNLESS A BACKUP OF YOUR PROJECT FILES AND PROJECT DATABASES WERE MADE PRIOR TO INSTALLING VERSION 4.6.
IF YOU ARE RUNNING REGISTERED VERSION 4.0 or 4.1, YOU WILL NEED TO INSTALL VERSION 4.2 FIRST BEFORE YOU INSTALL VERSION 4.6. VERSION 4.6 WILL INSTALL OVER VERSION 4.2 OF THE PROGRAM, WHICH WILL RESULT IN THE CONVERSION OF THE PROJECT DATABASE. VERSION 4.6 CAN BE UNINSTALLED HOWEVER, THE PROJECT HISTORY WILL BE LOST UNLESS A BACKUP OF YOUR PROJECT FILES AND PROJECT DATABASES WERE MADE PRIOR TO INSTALLING VERSION 4.6
IF YOU ARE RUNNING A REGISTERED VERSION OF 3.X, YOU WILL NEED TO INSTALL VERSION 4.2 FIRST BEFORE YOU INSTALL VERSION 4.6. INSTALLING VERSION 4.6 OVER THIS PREVIOUS VERSION OF THE PROGRAM, WILL RESULT IN THE CONVERSION OF THE PROJECT DATABASE. VERSION 4.6 CAN BE UNINSTALLED HOWEVER, THE PROJECT HISTORY WILL BE LOST UNLESS A BACKUP OF YOUR PROJECT FILES, PROJECT DATABASES AND REGISTRY WERE MADE PRIOR TO INSTALLING VERSION 4.6. IF YOU ARE NOT CERTAIN THAT YOU WILL PURCHASE AN UPGRADE TO AND LICENSE FOR V 4.6, INSTALL VERSION.4.6 ON A MACHINE THAT DOES NOT CONTAIN CODE CO-OP.
IF YOU ARE CURRENTLY RUNNING VERSION 2.15 OR EARLIER WHETHER REGISTERED OR NOT, YOU WILL NEED TO INSTALL VERSION 3.5 and VERSION 4.2 FIRST BEFORE YOU INSTALL VERSION 4.6. INSTALLING VERSION 3.5 OVER VERSION 2.15 OR EARLIER OF THE PROGRAM WILL RESULT IN THE CONVERSION OF THE PROJECT DATABASE SUCH THAT IT IS ONLY READABLE BY VERSION 3.5, 4.0 OR 4.2 OF CODE CO-OP. VERSION 4.2 CAN BE UNINSTALLED TO VERSION 3.5 WITHOUT LOSS OF DATA BY INSTALLING VERSION 3.5 OVER 4.2. VERSION 4.6 CAN BE UNINSTALLED; HOWEVER, THE PROJECT HISTORY WILL BE LOST UNLESS A BACKUP OF YOUR FILES, PROJECT DATABASE AND REGISTRY WAS MADE PRIOR TO INSTALLING VERSION 4.6. IF YOU ARE NOT CERTAIN THAT YOU WILL PURCHASE AN UPGRADE TO AND LICENSE FOR V 4.6, INSTALL VERSION.4.6 ON A MACHINE THAT DOES NOT CONTAIN CODE CO-OP.
IF YOU ARE INSTALLING 4.6 OVER VERSION 1.0 OR 2.0, IT WILL OVERRIDE THE UNREGISTERED USAGE OF 1.0 or 2.0 AND CANNOT BE UNINSTALLED WITHOUT LOSING THE PROJECT HISTORY UNLESS A BACKUP OF REGISTRY AND YOUR FILES WAS MADE.
1. License Grant. Licensor hereby grants to Licensee, and Licensee accepts, a limited, nonexclusive, non-transferable license to use the Program in machine-readable, object code form only, for use only as authorized in this Agreement for the limited purpose of evaluation for thirty-one (31) days, from the date of installation, after which the Program will limit functionality by changing the Licensee to Observer Status. ("Observer Status" means the user is only able to view the project). Thereafter, the Program may be used and this License Agreement extended for the License term by registrants upon payment of a one-time Registration Fee in U.S. dollars drawn on a U.S. bank, and sent to Reliable Software at 10052 46th Ave NE, Seattle, WA 98125 or to any one of the Reliable Software distributors listed on their website at http://www.relisoft.com/co_op/distributors.html . The Registration Fee shall be at the individual or group rate as set forth in the Fee Profile and Schedule effective on the date of receipt of registration and found at the Reliable Software web page at http://www.relisoft.com/secure/order.asp or on the approved distributors web site. Credit card ordering is available, as described in the ordering pages. Failure to pay such fee shall result in the immediate termination of this Agreement. Price, terms and availability are subject to change.
PREVIOUSLY LICENSED 4.x USERS CAN UPGRADE TO 4.6 FOR NO ADDITIONAL CHARGE. PREVIOUSLY LICENSED USERS OF EARLIER VERSIONS THAN 4.0 CAN OBTAIN A LICENSE UPGRADE TO V4.6 BY PAYING A ONE-TIME UPGRADE FEE AS OUTLINED ON THE RELIABLE SOFTWARE WEB SITE. UPON RECEIPT OF PAYMENT AND VERIFICATION OF BEING A REGISTERED USER, RELIABLE SOFTWARE WILL PROVIDE A NEW LICENSE KEY FOR V4.6.
By registering, it is understood that Licensee has evaluated the Program thoroughly and has found it satisfactory for Licensee's needs; thus, Licensor does not offer refunds once the Program has been registered. Upon confirmation of Licensee's registration and payment, Licensor shall issue a confirmation number ("License Key"). After initial registration, Licensee may register for additional Seats, as needed, and receive, upon confirmation of registration and payment, a new License Key for such additional Seats.
Registration may be in individual or group form. In the case of individual registration, one registration (One "Seat") is required for each project member. One Seat will permit one project member (One "Enlistment") to manage the Program. In the event that a project member requires more than one Enlistment, whether it is for an additional enlistment on the same workstation or on a different workstation, the purchase of an additional Seat is required for each additional enlistment for that project member. In the event of group registration, one group registration ("Group Seat") is required. A Group Seat will permit the Program to be used on one workstation with multiple Enlistments, multiple workstations with single or multiple Enlistments or any combination so long as the number of Seats purchased equals the total number of users plus any additional enlistments by a user. In the case of a distribution project, the Administrator of the project will need one distribution registration (One Distribution Seat) for each Receiver in the project. As a Receiver in a distribution project, you will not be able to make changes to the project. If a workstation is of "Observer Status" only, it does not require a license. "Observer Status" is for individuals not making any changes to the project.
This Agreement is personal to Licensee, and neither Licensee's rights hereunder nor the tangible embodiments of the Program may be sold, assigned, pledged, leased, rented, sublicensed or otherwise transferred ("Transfer") to any other person or entity, including, without limitation, by operation of law, without the prior written consent of Licensor. The License Key may not be distributed except as provided herein for the distribution to registered Group Seat users. Any purported Transfer or distribution of the License Key without the prior written consent of Licensor will be null and void and will automatically terminate this Agreement and Licensee's right to use the Program. The Program itself may be freely distributed, so long as any distribution includes the Program in its entirety and is in the identical format as may be downloaded directly from Licensor and is accompanied by this License Agreement. Licensee may make multiple copies as needed, which copies are subject to this Agreement. All copies must include all copyright and trademark information contained in the original.
Licensee agrees that all decisions or other results prepared by Licensee using the Program and Information ("Results") are made solely by Licensee and that use of the Program does not relieve Licensee of responsibility, including those to any third party, for the content, accuracy, and review of such Results. Any supplemental software or Program function provided to Licensee is considered part of the Program and subject to the terms and conditions of this Agreement.
2. Licensor's Rights. Licensee acknowledges and agrees that the Program, including but not limited to its photographs, designs, graphs, screens and literary content or any part thereof (the "Information") includes the valuable, confidential, copyrighted and/or trade secret property of Licensor and is protected under U.S. copyright law and applicable international laws and treaties, with all rights reserved. Licensee further acknowledges and agrees that all right, title, and interest in and to the Program, including associated intellectual property rights, are and shall remain with Licensor. This Agreement does not convey to Licensee an interest in or to the Program, but only a limited right of use revocable in accordance with the terms of this Agreement. Licensee agrees not to copy, disassemble, reverse assemble, reverse compile, reverse engineer, modify, adapt, rent, lease, loan, sublicense, distribute, transmit, create derivative works from or otherwise translate the Program except as provided otherwise herein. Licensee may modify and distribute the Help Files in the Program as needed. Licensee's obligations with respect to use of the Program, to this Paragraph, and confidentiality shall survive any termination of this Agreement. Code Co-op is a trademark of Licensor. No right, license, or interest to such trademark is granted hereunder, and Licensee agrees not to assert any such right, license, or interest with respect to such trademark. Reliable Software reserves all rights not expressly granted to Licensee.
3. Term and Termination. Until terminated, this Agreement shall apply to all users, whether registered or not. This Agreement is effective upon installing the Program and shall terminate thirty-one (31) days thereafter unless the Registration Fee is paid. Licensee's rights under this Agreement will terminate automatically without notice from Reliable Software if Licensee fails to comply with any provision hereof. Licensee may terminate this License by destroying the Program. Termination for any reason shall not affect Reliable Software's entitlement to any sums due hereunder, or any additional remedies.
4. Export Controls. You acknowledge that the Program is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Program, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. The Program may not be downloaded, installed, exported or re-exported into or to a national or resident of (i) into any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Program, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
5. No Warranty; Limitation of Liability. LICENSEE ACKNOWLEDGES THAT THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH CODE CO-OP MAY BE PUT, NO WARRANTY IS OFFERED OF ANY KIND AND LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, REGARDING THE USE, QUALITY, RESULTS, CORRECTNESS, ACCURACY, RELIABILITY OR PERFORMANCE OF THE PROGRAM OR RELATED DOCUMENTATION, THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET LICENSEE'S REUIREMENTS, OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE PROGRAM WILL BE CORRECTED, OR REGARDING LICENSEE'S SYSTEM'S PERFORMANCE OR RESPONSE TIME. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM IS ASSUMED BY LICENSEE. LICENSOR SHALL HAVE NO LIABILITY TO LICENSEE OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY THE PROGRAM, INCLUDING BUT NOT LIMITED TO, ANY BUSINESS INTERRUPTION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF DATA OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE OR WHETHER SUCH DAMAGES ARE DEEMED TO RESULT FROM THE FAILURE OR INADEQUACY OF ANY EXCLUSIVE OR OTHER REMEDY.
LICENSOR'S ENTIRE LIABILITY AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO RETURN OF THE FEES PAID FOR THE PROGRAM. THE LIMITATIONS OF WARRANTIES, LIABILITIES AND REMEDIES ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER TO OBTAIN THE PROGRAM AT THE SPECIFIED REGISTRATION FEE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY OR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO THIS DISCLAIMER, LIMITATION AND EXCLUSION, OR SOME PORTIONS THEREOF, MAY NOT APPLY.
6. Software Support. Licensor shall have no obligation to support the software or create any upgrade. Licensor, at its sole option, may release, cancel and/or modify the Program.
7. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of Washington and the laws of the U.S.A. (without regard to conflict of law principles), and Licensee specifically consents to the jurisdiction of the courts of King County, Washington, U.S.A. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Those who download the Program from other jurisdictions do so at their own volition and are responsible for compliance with local law. Licensor makes no representations that the Program is appropriate or available for use in other locations.
8. Government Language.. Les parties conviennent que cet accord et toutes les rapport d'affaires entre les parties seront en anglais et carteront spcifiquement n'importe quelle loi canadienne l'effet contraire. The parties agree that the English language version of this Agreement shall govern.
9. Government End Users. The Program provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein.
10. Costs of Litigation. If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation. Licensee shall indemnify and hold harmless Reliable Software from all third party claims or actions, and liabilities, costs and expenses related thereto, arising out of Licensee's use of the Program.
11. Severability. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration will have no effect on the remaining terms hereof, which shall continue in full force and effect.
12. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement or rights or subsequent actions in the event of future breaches.
13. This Agreement represents the entire agreement between the parties concerning the Program and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Licensor.