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End User License Agreement
This license agreement ("LICENSE") is a legal agreement between you (either an individual or a single entity, also referred to as "LICENSEE", "YOU") and Planet Telex, Inc, ("PLANET TELEX"), for use of the SOFTWARE for purchase or download on this website. By downloading, installing or otherwise using the product identified above and/or its related materials, you agree to be bound by the terms and conditions of this License Agreement.
I. Grant of License
PLANET TELEX hereby grants to you, and you accept, a non–exclusive, non–transferable license to install, copy, and use the SOFTWARE only as authorized below. You are granted the following rights:
- You may install and use an unlimited number of copies of the Software. Any copies of the Software which this License authorizes you to make are subject to this EULA.
- You may make copies on more than one computer, as long as the use of the SOFTWARE is by the same licensed developer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage device) of that computer for development purposes. If you install the SOFTWARE on a network server for the sole purpose of internal distribution among licensed developers this is not considered "use" of the SOFTWARE.
- All product licenses granted by you to your end user customers in accordance with the terms of this agreement are perpetual and royalty–free.
- You may distribute the SOFTWARE provided that:
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- You distribute the SOFTWARE only as part of solutions for internal company use, hosted applications, or commercial solutions deployed at end–users’ sites in which the SOFTWARE is integrated.
- You ensure that the SOFTWARE is not distributed in any form that allows it to be reused by any application other than your solution.
- You assume full responsibility for your customer’s use of the SOFTWARE and must ensure that PLANET TELEX has no obligation to such customer or liability for such customer’s use of the SOFTWARE.
II. License Limitations
- At no time may the SOFTWARE be used for development purposes by individuals other than the licensed developer(s).
- The SOFTWARE may not be distributed for use with solutions or PACKAGED PRODUCTS other than those developed by you.
- The SOFTWARE may not be distributed as part of products that have the same or substantially the same primary functionality as the SOFTWARE.
- You are not allowed to resell, transfer, rent, lease, or sublicense the SOFTWARE and your associated rights, other than to sublicense to end users the non-sub-licensable, nontransferable right to use the SOFTWARE as part of your solution. Under no circumstances shall you grant further redistribution rights to the end–users of your solution.
- You are not allowed to reverse engineer or to disassemble, decompile or "unlock", decode or otherwise reverse translate or attempt in any manner to reconstruct or discover any source code or underlying algorithms of SOFTWARE provided except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You are not allowed to use, copy, modify, or merge copies of the SOFTWARE or any accompanying documents except as permitted in this LICENSE.
- As a condition to the exercise or your redistribution rights, you agree to indemnify, hold harmless, and defend PLANET TELEX from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of your software.
III. Copyright
All title and copyrights in and to the SOFTWARE, the accompanying printed materials, and any copies of the SOFTWARE, and any trademarks or service marks of PLANET TELEX are owned by PLANET TELEX or its licensors unless explicitly stated otherwise. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This LICENSE grants you no rights to use such content.
IV. Termination
This LICENSE shall last as long as you use the SOFTWARE in compliance with this LICENSE. PLANET TELEX may terminate this LICENSE if you fail to comply with any of the terms and conditions herein. In such event you agree to remove and destroy all copies of the SOFTWARE from all licensed solutions.
V. Disclaimer of Warrenty
You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and PLANET TELEX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLANET TELEX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, PLANET TELEX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PLANET TELEX SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
VI. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PLANET TELEX OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS LICENSE, EVEN IF PLANET TELEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VII. Miscellaneous
This License will be governed by the law of the State of Colorado, U.S.A., without regard to the conflict of laws principles thereof. If any provision of this LICENSE is to be held unenforceable, such holding will not affect the validity of the other provisions hereof. Failure of a party to enforce any provision of this LICENSE shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
This License represents the entire understanding between the parties with respect to its subject matter.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN PLANET TELEX AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.
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